(1) No such property shall be disposed of except by sale or exchange until the society adopts rules and regulations establishing procedures for disposition;
(2) no rules and regulations establishing procedures for disposition of such property shall be adopted until the society first advises and consults with the joint committee on administrative rules and regulations regarding the proposed rules and regulations;
(3) such rules and regulations shall provide, with respect to property which was donated by an individual, procedures reasonably calculated to notify and offer such property to such individual or such individual's immediate family prior to disposal, if the property is disposed of within 20 years after the donation; and
(4) such rules and regulations shall provide, with respect to property with research, educational or exhibit value, procedures for notifying local institutions that such property is being disposed of.
(b) There shall continue to be a board of directors of the Kansas state historical society, inc., and an executive committee of such board of directors, each to consist of as many members as the Kansas state historical society, inc., determines.
(c) The society may acquire property, real or personal, by gift, bequest or otherwise, in any amount, and upon such conditions as the society's executive committee deems best for the interests of the society. Any such property so acquired and any state-owned historic site, structure or other property which has been placed by law under the jurisdiction and supervision of the society shall be administered by the society in the public interest, and the society shall provide for the preservation of such property and shall adopt rules and regulations as necessary for the proper use and enjoyment of such property. For this purpose the society may fix, charge and collect fees for admittance to any state-owned historic site, structure or property which has been placed under the jurisdiction and supervision of the society and is further authorized to provide exemptions from such fees or to fix reduced fees for one or more categories of persons.
(d) The society shall remit all moneys received by the society under the provisions of subsection (c) to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the historic properties fee fund which is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director of the state historical society or a person designated by the executive director.
(e) The state historical society is a state agency within the executive branch of state government for all purposes under the statutes and laws of Kansas. The Kansas state historical society, inc., is a not-for-profit corporation organized under the incorporation laws of Kansas. All real and personal property under the control and supervision of the state historical society that is not property owned and maintained by the Kansas state historical society, inc., as a not-for-profit corporation organized under the incorporation laws of Kansas, in order to accomplish the purposes of the corporation as stated in the articles of incorporation and bylaws, including but not limited to investments, office equipment, property and revenues of the museum stores and income from membership fees and assessments, belongs to the state of Kansas.
(f) (1) The governor shall appoint the executive director of the state historical society, subject to confirmation by the senate as provided in K.S.A. 75-4315b and amendments thereto. The governor may appoint the executive director of the state historical society from a list of three qualified persons nominated by the executive committee of the Kansas state historical society, inc. The governor may reject all nominees submitted on any such list and may request an additional list of three other qualified persons to consider for appointment to the office of executive director of the state historical society. The executive director of the state historical society shall be in the unclassified service under the Kansas civil service act and shall be subject to evaluation in accordance with this section. The executive director of the state historical society shall receive an annual salary fixed by the governor.
(2) The executive director of the state historical society shall be qualified by education or training and experience in the field of history, historic preservation, education, museum administration or a related field and shall have demonstrated executive and administrative ability to discharge the duties of the office of executive director of the state historical society.
(3) An evaluation of the executive director of the state historical society shall be conducted annually by the executive committee of the Kansas state historical society, inc., and the results of such evaluation shall be submitted to the governor for review. The executive director shall be subject to removal by the governor.
(4) Whenever the office of the executive director of the state historical society becomes vacant, the executive committee of the Kansas state historical society, inc., shall be notified of such vacancy and shall prepare and submit a list of three qualified nominees to the governor for the appointment of a successor.
(g) On and after the effective date of this act, whenever the secretary of the state historical society or the executive director of the state historical society, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the executive director of the state historical society.
(h) On and after the effective date of this act, whenever the state historical society or words of like effect is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state agency within the executive branch of state government and shall not be deemed to refer to the Kansas state historical society, inc., a not-for-profit corporation organized under the corporation laws of Kansas, unless the reference is specifically to that corporation or within the context of the reference clearly refers to that corporation.
History: L. 1879, ch. 167, § 1; R.S. 1923, 75-2701; L. 1957, ch. 444, § 1; L. 1971, ch. 271, § 1; L. 1984, ch. 314, § 1; L. 1991, ch. 257, § 1; L. 2001, ch. 5, § 377; L. 2001, ch. 152, § 1; July 1.
History: L. 1879, ch. 167, § 2; R.S. 1923, 75-2702; L. 1957, ch. 444, § 2; L. 1975, ch. 437, § 1; L. 1977, ch. 292, § 1; L. 1983, ch. 283, § 1; L. 1984, ch. 314, § 3; April 5.
History: R.S. 1923, 75-2703; L. 1943, ch. 269, § 24; L. 1957, ch. 444, § 3; L. 1990, ch. 301, § 2; July 1.
History: L. 1901, ch. 226, § 1; R.S. 1923, 75-2704; L. 1957, ch. 444, § 4; L. 1991, ch. 257, § 2; July 1.
(b) All moneys received under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1901, ch. 226, § 2; R.S. 1923, 75-2705; L. 1957, ch. 444, § 5; L. 1978, ch. 347, § 19; L. 2001, ch. 5, § 378; July 1.
History: L. 1905, ch. 358, §§ 1, 2; R.S. 1923, 75-2706, 75-2707; L. 1957, ch. 444, §§ 6, 7; Repealed, L. 1981, ch. 331, § 14; July 1.
History: L. 1911, ch. 40, § 7; R.S. 1923, 75-2708; L. 1939, ch. 300, § 1; L. 1945, ch. 320, § 1; L. 1957, ch. 444, § 8; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1919, ch. 18, § 2; R.S. 1923, 75-2709; Repealed, L. 1957, ch. 444, § 10; April 13.
History: L. 1915, ch. 23, § 1; R.S. 1923, 75-2710; Repealed, L. 1957, ch. 444, § 10; April 13.
History: L. 1901, ch. 40, §§ 1 to 3; R.S. 1923, 75-2711.
History: R.S. 1923, 75-2712; Repealed, L. 1951, ch. 445, § 1; June 30.
History: L. 1945, ch. 330, § 1; L. 1957, ch. 444, § 9; April 13.
(b) No agency or political subdivision of the state and no other entity shall exercise the power of eminent domain with respect to any property under the society's jurisdiction and control without the prior written approval of the society. No such agency, subdivision or entity and no other person shall change or alter, or cause to be changed or altered, the physical features or historic character or integrity of such property without the prior written approval of the society. Within 20 days after receipt of notice of the society's refusal to grant such approval, which notice shall be sent by registered or restricted mail, any party aggrieved by the decision of the society may make written application to the secretary of state for a hearing thereon. Such hearing shall be held by the secretary of state within 30 days after receipt of the application therefor and shall be conducted in accordance with the provisions of the Kansas administrative procedure act, with the applicant and the society as parties thereto. Following the hearing, the secretary of state shall enter an order affirming, reversing or modifying the decision of the society. The decision of the secretary of state shall be subject to appeal in accordance with the provisions of the act for judicial review and civil enforcement of agency actions, K.S.A. 77-601 et seq., and amendments thereto.
(c) The attorney general, on relation of the state historical society or the secretary of state, shall file an action in the appropriate district court to enjoin any agency or political subdivision of the state or any other person or entity from doing any act in contravention of an order of the secretary of state or from doing any act contemplated by subsection (b) of this section without the prior written approval of the state historical society, unless authority to do such act has been granted by the secretary of state pursuant to that subsection.
History: L. 1971, ch. 271, § 2; L. 1972, ch. 332, § 55; L. 1988, ch. 356, § 299; L. 2004, ch. 74, § 3; July 1.
History: L. 1977, ch. 284, § 1; L. 2004, ch. 74, § 4; July 1.
(a) "Land used for agricultural purposes":
(1) Means land which is devoted to the production of plants, animals or horticultural products, including but not limited to forages; grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, sod, floral, ornamental and greenhouse products;
(2) includes any road, water, watercourse and private way located upon or within the boundaries of such land and buildings, structures and machinery or equipment when attached to such land; and
(3) includes any farm home, including any associated farmyard, whenever any portion of such property is used for:
(A) Any of the activities listed in paragraph (1) of this subsection; or
(B) an agriculturally related business;
(4) includes any agricultural land used incidentally for recreational purposes; and
(5) includes any land used for agricultural purposes within the meaning of K.S.A. 12-758, 19-2908, 19-2921 and 19-2960 and amendments thereto.
Except as provided in paragraph (4), land used for agricultural purposes shall not include land which is used for recreational purposes, suburban residential acreages, rural homes, including any associated farmyards, whose primary function is for residential or recreational purposes even though such properties may produce or maintain some of those plants or animals listed in the foregoing definition.
Land used for agricultural purposes which is located within 500 feet of a historic property shall be deemed to be located within the environs of such historic property.
(b) "Historic preservation" means the study, identification, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archeology or culture of the state of Kansas, its communities or the nation.
(c) "Historic property" means any building, structure, object, district, area or site that is significant in the history, architecture, archeology or culture of the state of Kansas, its communities or the nation.
(d) "Person" means any individual, firm, association, organization, partnership, business, trust, corporation or company.
(e) "Project" includes: (1) Activities directly undertaken by the state or any political subdivision of the state, or any instrumentality thereof;
(2) activities undertaken by a person which are supported in whole or in part through grants, subsidies, loans or other forms of financial assistance from the state or any political subdivision of the state, or any instrumentality thereof; and
(3) activities involving the issuance of a lease, permit, license, certificate or other entitlement for use, to any person by the state or any political subdivision of the state, or any instrumentality thereof.
(f) "Recreational purpose" shall have the meaning ascribed to it in K.S.A. 58-3202, and amendments thereto;
(g) "state or any political subdivision of the state" means the state of Kansas, any office, department, agency, authority, bureau, commission, board, institution, hospital, college or university of the state, or any county, township, city, school district, special district, regional agency, redevelopment agency or any other political subdivision of the state.
History: L. 1977, ch. 284, § 2; L. 1981, ch. 332, § 1; L. 1988, ch. 336, § 1; L. 2004, ch. 74, § 5; July 1.
(b) The secretary of the state historical society shall act as state historic preservation officer for the conduct of relations with representatives of the federal government and other states with respect to matters of historic preservation.
History: L. 1977, ch. 284, § 3; July 1.
History: L. 1977, ch. 284, § 4; July 1.
History: L. 1977, ch. 284, § 5; Repealed, L. 1981, ch. 333, § 2; July 1.
(b) The term of office of each member of the board appointed by the governor shall expire on June 30 of the third year following the year of appointment, except that the term of office of the members appointed to the first board on and after the effective date of this act shall be as follows: Three members shall be appointed for terms which expire on June 30 of the next succeeding year after the year of appointment, three members shall be appointed for terms which expire on June 30 of the second year following the year of appointment and three members shall be appointed for terms which expire on June 30 of the third year following the year of appointment. The governor shall designate the term of office for each member appointed by the governor to the first board. Upon the expiration of a term of office of a member of the board appointed by the governor, the governor shall appoint a qualified successor. Each member of the board appointed by the governor shall serve until a successor is appointed and qualified. Whenever a vacancy occurs among the membership of the board appointed by the governor for any reason other than the expiration of a member's term of office, the governor shall appoint a qualified successor to fill the unexpired term.
(c) Members of the state historic sites board of review attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto. Amounts paid under this subsection (c) to ex officio members of the state historic sites board of review shall be from appropriations to the state agencies of which such members are 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 (c) to members of the board appointed by the governor shall be from appropriations to the state historical society upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the state historical society.
(d) The state historic sites board of review established under K.S.A. 75-2719 is hereby abolished, and the state historic sites board of review established under this section shall be the successor to all the powers and duties thereof. Persons acting as members of the state historic sites board of review under K.S.A. 75-2719 immediately prior to the effective date of this act shall continue to act in that capacity until such time as the governor has made appointments to fill all appointive positions on the state historic sites board of review established by this section. In making appointments under this section, the governor shall give special consideration to appointment of persons acting as members of the state historic sites board of review at the time this act becomes effective.
History: L. 1981, ch. 333, § 1; July 1.
(2) Review the state survey of historic properties undertaken in accordance with the provisions of this act.
(3) Review the content of the state preservation plan developed in accordance with the provisions of this act.
(4) Approve the removal of properties from the state register of historic places.
(5) Recommend the removal of properties from the national register of historic places.
(6) Otherwise act in an advisory capacity to the state historic preservation agency.
(7) Upon request, to advise the legislature concerning matters relating to historic properties and historic preservation.
(8) Elect a chairman and vice-chairman and establish such rules of procedure as it deems necessary.
(b) The state historic sites board of review shall not consider or approve any nomination of historic property located in an unincorporated area of any county to either the state register of historic places or the national register of historic places unless owners of land located within 500 feet of the boundaries of a proposed historic property have been notified of the time and place of the board meeting at which such nomination is to be considered or approved. Notification shall be by mail or publication notice. Publication notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in each county in which all, or any part, of the proposed historic property is located. The last publication shall be at least 30 days, but not more than 50 days, prior to the date of such board meeting. Whenever the state historic sites board of review submits a notice to a newspaper for publication under this subsection, such board shall, at the same time, also submit a copy of such notice to the secretary of the department of wildlife and parks.
History: L. 1977, ch. 284, § 6; L. 2004, ch. 74, § 6; July 1.
(1) Undertake a statewide survey to identify and document historic properties, including all those owned by the state, its instrumentalities and political subdivisions.
(2) Prepare and maintain a state register of historic places, which shall include all those listed on the national register of historic places. The historical society shall adopt standards for the listing and maintenance of historic properties on the state register consistent with relevant federal standards for preservation and care of historic properties.
(3) Prepare the state's preservation plan, review such plan annually and make appropriate revisions.
(4) Within limits of available resources, acquire historic properties by gift, purchase, devise or bequest; preserve, restore and administer such properties; and transfer such properties when authorized by law.
(5) Establish standards and criteria for the acquisition of historic properties and for the preservation, restoration, maintenance and operation of properties under the jurisdiction of the agency, and, when deemed proper, to charge reasonable admission fees to such properties.
(6) Undertake the procedures necessary to qualify the state for participation in sources of federal aid for historic preservation purposes.
(7) Provide information concerning historic properties within the state to the agencies and instrumentalities of the federal, state and local governments and, where appropriate, to private individuals and organizations.
(8) Cooperate with federal, state and local government agencies in the planning and conduct of specific undertakings affecting historic properties and preservation objectives and in overall land-use planning.
(9) Disburse federal and state funds to local governments and private agencies and individuals for historic preservation work; establish standards of eligibility to receive such funds; and enter into maintenance agreements with local governments and private agencies concerning historic properties.
(10) Participate in national and international conferences and programs concerning historic preservation and cooperate with federal officials and agencies in the conduct of such activities.
(11) Subject to limitations of staff and resources, provide technical and financial assistance to local historic preservation organizations and private parties involved in historic preservation activities.
(12) Assist, where possible, in developing public interest in historic preservation through the development and implementation of interpretive programs for historic properties and through the management of the state's historical marker program.
(13) Develop an ongoing program of historical, architectural and archeological research and development, to include continuing surveys, excavation, scientific recording, interpretation and publication of the state's historical, architectural, archeological and cultural resources. A reasonable charge may be made for publications.
(14) Request that the attorney general take action authorized under subsection (d) of K.S.A. 75-2724 and amendments thereto against any person or entities who fail to obtain any demolition or building permit required by local or state law.
(b) The state historic preservation officer shall adopt rules and regulations to implement and administer the provisions of K.S.A. 75-2715 through 75-2725, and amendments thereto.
History: L. 1977, ch. 284, § 7; L. 1988, ch. 337, § 1; L. 1989, ch. 264, § 1; July 1.
History: L. 1977, ch. 284, § 8; July 1.
(b) The state historical society, as the administrative agency for the state for such federal assistance and benefits as may be available under the national historic preservation act of 1966, shall have the right and is authorized and empowered to: (1) Apply for such assistance and benefits as may be available to the state under said act, and the state treasurer is hereby authorized to receive and disburse such moneys upon the proper voucher by the agency.
(2) Disburse federal and state funds to eligible local governments and private agencies and individuals as directed by the historic sites board of review according to the priorities established in the Kansas preservation plan.
(3) Enter into contracts and agreements with individuals, organizations, municipalities, governmental agencies and with the United States or any appropriate agency thereof.
(4) Keep financial and other records thereto and to furnish appropriate officials and agencies of the state and of the United States such reports and information as may be reasonably necessary to enable such officials and agencies to perform their duties under said program.
(5) Perform such other acts as may be necessary to comply with federal requirements in securing for the state the benefits provided by the national historic preservation act of 1966.
(c) The state historical society shall make no commitment or enter into any agreement pursuant to the exercise of authority under this act until it has determined that sufficient funds are available to meet the state's share, if any, of the project cost.
History: L. 1977, ch. 284, § 9; July 1.
(1) The governor, in the case of a project of the state or an instrumentality thereof, or the governing body of the political subdivision, in the case of a project of a political subdivision or an instrumentality thereof, has made a determination, based on a consideration of all relevant factors, that there is no feasible and prudent alternative to the proposal and that the program includes all possible planning to minimize harm to such historic property resulting from such use; and
(2) five days notice of such determination has been given, by certified mail, to the state historic preservation officer.
(b) Any person aggrieved by the determination of the governor pursuant to this section may seek review of such determination in accordance with the act for judicial review and civil enforcement of agency actions. Any person aggrieved by the determination of a governing body pursuant to this section may seek review of such determination in accordance with K.S.A. 60-2101 and amendments thereto.
(c) The failure of the state historic preservation officer to initiate an investigation of any proposed project within 30 days from the date of receipt of notice thereof shall constitute such officer's approval of such project.
(d) Failure of any person or entity to apply for and obtain the proper or required building or demolition permit before undertaking a project that will encroach upon, damage or destroy any historic property included in the national register of historic places or the state register of historic places, or the environs of such property, shall be subject to a civil penalty not to exceed $25,000 for each violation. The attorney general may seek such penalties and other relief through actions filed in district court.
(e) (1) The state historic preservation officer may enter into an agreement authorizing a city or county to make recommendations or to perform any or all responsibilities of the state historic preservation officer under subsections (a), (b) and (c) if the state historic preservation officer determines that the city or county has enacted a comprehensive local historic preservation ordinance, established a local historic preservation board or commission and is actively engaged in a local historic preservation program. The agreement shall specify the authority delegated to the city or county by the state historic preservation officer, the manner in which the city or county shall report its decisions to the state historic preservation officer, the conditions under which the city or county can request assistance from the state historic preservation officer in performing certain project reviews, the length of time the agreement is to be valid and provisions for termination of the agreement. Such agreement shall provide that the state historic preservation officer shall retain final authority to implement the provisions of this act. The state historic preservation officer shall adopt any rules and regulations necessary to implement the provisions of this subsection.
(2) An agreement with a city or county authorized by this subsection shall not be construed as limiting the authority of the state historic preservation officer to investigate, comment and make determinations otherwise permitted by this section.
(f) The state historic preservation officer may enter into agreements with the state board of regents or any state educational institution under the control and supervision of the state board of regents to perform any or all responsibilities of the state historic preservation officer under subsections (a), (b) and (c).
History: L. 1977, ch. 284, § 10; L. 1981, ch. 332, § 2; L. 1986, ch. 318, § 136; L. 1988, ch. 336, § 2; L. 1988, ch. 337, § 2; L. 1993, ch. 201, § 1; L. 1996, ch. 204, § 1; L. 1999, ch. 33, § 6; Apr. 1.
History: L. 1977, ch. 284, § 11; July 1.
(b) No provision of this act shall prohibit, hinder or otherwise restrict an owner of any land used for agricultural purposes from constructing, erecting, remodeling or maintaining any agriculturally related building or structure located on such land.
(c) No provision of this act shall require an owner of any land used for agricultural purposes, or the owner's authorized agent, to change or modify the agricultural use of such land.
History: L. 2004, ch. 74, § 1; July 1.
History: L. 2004, ch. 74, § 2; July 1.
(b) An application for acquisition of historic property shall be filed with the secretary of the state historical society on forms prepared by the secretary of the state historical society and shall contain such information concerning such historic property as the secretary of the state historical society may require. Each such application for acquisition of any historic property shall be signed by at least 1,000 of the qualified electors of this state and at least 25% of the number of the electors signing the application shall be also qualified electors of the county where the historic property is located.
(c) Upon the receipt of such application, the secretary of the state historical society shall notify the chairperson of the state historic sites board of review that an application has been received. The state historic sites board of review shall meet to conduct fact-finding hearings and otherwise investigate the application for acquisition of historic property. The state historic sites board of review shall make a report and findings on the factors established in subsection (e). If, prior to the time the state historic sites board of review makes a report and findings, changes have occurred to the property that have destroyed, removed, reduced or otherwise irreparably altered those features, characteristics, elements, materials or values that made the property historically important, the board may direct a cessation of the investigation and research efforts on that property and shall notify the individual or group submitting the petition, the governor and the legislature of the reasons for cessation of the investigation.
(d) If an application for acquisition of historic property previously proposed for acquisition and previously investigated by the state historic sites board of review is filed with the secretary of the state historical society, the state historic sites board of review may in its discretion decide whether or not to conduct a new investigation of the historic property.
(e) Upon review of an application for acquisition of historic property, the state historic sites board of review shall make findings on the following factors:
(1) Whether the historic property has sufficient historical significance, educational value and general public interest to justify acquisition;
(2) what the costs of acquisition, restoration, development, operation and maintenance of the historic property will be for at least five fiscal years subsequent to the proposed date of acquisition;
(3) whether the historic property will generate financial revenues in the future and an estimate of the amount of such revenues for at least five fiscal years subsequent to the proposed date of acquisition of the historic property;
(4) whether there exists sufficient local financial assistance to support a partnership of the state, local governments and private sources for the development and ongoing maintenance and operation of the historic property and the degree of assurance that such local financial assistance is committed for these purposes;
(5) whether the historic property is duplicative of other historic property operated by the state historical society;
(6) whether the historic property retains an original appearance, setting and materials which are adequate to interpret its significance;
(7) whether the historic property is accessible or can be made accessible to visitors by customary means of transportation and the costs involved in making the historic property accessible;
(8) whether the historic property has access to utilities and other services required for its preservation and operation and the costs involved in obtaining such access;
(9) whether the historic property illustrates, interprets or is identified with an important aspect of Kansas history or prehistory; and
(10) such other factors or information as the state historic sites board of review deems relevant.
(f) Upon the completion of its investigation of the application for acquisition of historic property, the state historic sites board of review shall report its findings to the governor and to the legislature. Such report shall be made not later than one year subsequent to the receipt by the secretary of the state historical society of the application for acquisition of historic property.
(g) As used in this section, the terms "historic preservation" and "historic property" shall have the meanings ascribed to such terms in K.S.A. 75-2716 and amendments thereto.
History: L. 1982, ch. 330, § 1; L. 1987, ch. 333, § 1; L. 1988, ch. 338, § 1; L. 1991, ch. 258, § 1; July 1.
Part of Section 12, Township 10 South, Range 7 East of the Sixth P.M. in the City of Manhattan, in Riley County, Kansas, more particularly described as follows: Beginning at the iron pin marking the Northeast corner of Lot 4 in Julia A. Bailey Addition to the City of Manhattan, thence East along the South line of Claflin Road 155.4 feet, more or less, to the West line of Goodnow Avenue, thence South along the West line of said Goodnow Avenue 80 feet, thence West 157.82 feet, more or less, to the East line of said Lot 4 in Julia A. Bailey Addition to a point 80 feet South of the point of beginning, thence North along the East line of said Lot 4 in Julia A. Bailey Addition to the point of beginning.
The conveyance of the tract of land shall provide for the reversion of title to the state of Kansas in the event such tract ceases to be used, operated and maintained by Riley county for museum purposes. No conveyance of such tract shall be made until the deed has been approved by the attorney general.
History: L. 1982, ch. 331, § 1; July 1.
(b) The society shall remit all moneys received by the society under the provisions of subsection (a) to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the insurance collection replacement/reimbursement fund which is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the state historical society or a person designated by the secretary.
History: L. 1983, ch. 293, § 2; L. 1984, ch. 314, § 2; L. 2001, ch. 5, § 379; July 1.
(2) In evaluating grant applications involving historic preservation projects under subsection (a)(1), the state historical society shall consider the following factors: The level of historical significance of the property; the condition of the property; the urgency of the preservation work proposed; whether or not the property is endangered; the type of work proposed; a geographical distribution of assisted properties; the administrative ability of the applicant; the potential benefit to the community and the state; community support for the project; ineligibility of the project for other funds; and an assessment of the need of the owner for the grant assistance to do the project.
(3) (A) The state historical society shall establish provisions to recapture grant moneys in accordance with the following factors: If an approved rehabilitated building is held by the grantee for longer than five years after the completion of the grant project, there is no recapture of the grant funds; if the owner, or designated heir, in the case of the owner's death, disposes of the property after a holding period of less than one year after the completion of the grant project, 100% of the grant is recaptured; and for properties held between one and five years, the grant recapture amount is reduced by 20% per year.
(B) The state historical society may inspect a rehabilitated property at any time during the five-year period and may revoke or invalidate the approval if work was not undertaken as presented in the grant application or if further unapproved alterations have been made. Modifications made during the five-year period following the completion of the grant shall be made in accordance with standards established by the state historical society.
(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the heritage trust fund interest earnings based on:
(1) The average daily balance of moneys in the heritage trust fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(c) Except as otherwise provided in this section, all expenditures from the heritage trust fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the state historical society or a person designated by the secretary.
History: L. 1990, ch. 351, § 2; L. 1992, ch. 272, § 14; L. 1996, ch. 253, § 30; May 23.
(b) Such grants shall be awarded for the fiscal years ending June 30, 2006, and June 30, 2007, on a competitive basis in accordance with guidelines and criteria prescribed by rules and regulations adopted by the executive director of the Kansas state historical society based on the following criteria:
(1) Methods employed to reach out to veterans of World War II and convince such veterans to record their experiences; and
(2) methods employed to copy and archive photographs, maps and other media possessed by such veterans which is of historical value; and
(3) the availability of matching funds from other sources which the organization can make available to leverage state funds; and
(4) methods proposed to network and gain the help of community organizations to contact Kansas veterans of World War II and gain such veterans' participation.
(c) More than one applicant may be awarded a grant to perform different tasks to achieve the purposes prescribed in this section if deemed appropriate by the executive director of the state historical society.
History: L. 2005, ch. 184, § 1; July 1.
(b) Conveyance of such rights, title and interest in such real estate, and any improvements thereon, shall be executed in the name of the historical society by the executive director of the historical society. The deed for such conveyance shall be by quitclaim deed.
(c) No exchange and conveyance of real estate and improvements thereon as authorized by this section shall be made by the executive director of the historical society until the deeds and conveyances have been reviewed and approved by the attorney general. The deed for the conveyance shall provide that on July 1, 2026, in the event that any portion of the above-described real estate is not being used for public recreation purposes, by Audubon of Kansas or if Audubon of Kansas ceases to exist, then all rights, title and interest in such portion of such real estate shall revert to the state historical society. The transfer of all rights, title and interest in the real estate conveyed by this section to Audubon of Kansas shall not include any right for Audubon of Kansas to convey any portion of the above described real estate.
(d) All costs related to the conveyance shall be paid by the Audubon of Kansas. The conveyance shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
History: L. 2006, ch. 150, § 1; April 27.
(b) Partnership historic sites to be awarded grants pursuant to this section shall be selected by the state historical society upon recommendation of the partnership historic site committee, which is hereby created. Such committee shall be composed of seven members as follows: One member to be appointed by the president of the senate, one member to be appointed by the minority leader of the senate, one member to be appointed by the speaker of the house of representatives, one member to be appointed by the minority leader of the house of representatives, two members to be appointed by the governor and one member to be appointed by the chairperson of the historic sites board of review. The member appointed by the chairperson of the historic sites board of review shall serve as chairperson of such committee. Each member of the committee shall be appointed for a term of two years. Each member shall continue in such appointment until a successor is appointed. Members shall be eligible for reappointment, and appointment may be made to fill an unexpired term in the same manner as the original appointment. The executive director of the Kansas state historical society shall develop the application procedure and grant periods in cooperation with such committee.
(c) Each partnership historic site which is awarded a grant pursuant to this section shall be required to submit a report of its operations and use of any grant moneys awarded and any other information required related to the grant to the Kansas state historical society at the end of the grant period in a form and manner prescribed by the Kansas state historical society.
(d) The executive director shall adopt rules and regulations regarding the application procedure, grant periods, grant evaluation criteria, the filing of forms that support the application for grant awards pursuant to this section, and any other matter necessary to carry out the provisions of this section.
(e) (1) There is hereby established in the state treasury the partnership historic sites grant fund. All moneys deposited in the partnership historic sites grant fund shall be used for the purpose of awarding grants pursuant to this section. No more than 12% of the moneys deposited in the fund shall be used for administration of the fund.
(2) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the partnership historic sites grant fund interest earnings based on:
(A) The average daily balance of moneys in the partnership historic sites grant fund for the preceding month; and
(B) the net earnings rate for the pooled money investment portfolio for the preceding month.
(3) All expenditures from the partnership historic sites grant fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director of the state historical society or the executive director's designee.
History: L. 2007, ch. 156, § 2; July 1.
History: L. 1989, ch. 234, § 1; July 1.
(1) Existing state laws do not provide adequate protection for unmarked burial sites and human skeletal remains; and
(2) there is no procedure regarding the treatment and disposition of human skeletal remains from unmarked burial sites necessary to protect the interests of descendants or other interested persons.
(b) The purposes of this act are to:
(1) Provide adequate protection for unmarked burial sites and human skeletal remains located on all lands within the state of Kansas;
(2) prohibit unauthorized disturbance of any unmarked burial sites; and
(3) provide procedures for the proper care and protection of unmarked burial sites and human skeletal remains found in the state of Kansas.
History: L. 1989, ch. 234, § 2; July 1.
(a) "Board" means the unmarked burial sites preservation board.
(b) "Evaluation" means assessment by the state historical society of the nature of human skeletal remains and goods interred with such remains and the situation in which they are located to make recommendations for action and disposition of the remains or goods under this act.
(c) "Human skeletal remains" means any part of the body of a deceased human being, in any stage of decomposition.
(d) "Person" means an individual, unincorporated association, partnership, limited partnership, corporation or governmental entity.
(e) "Society action" means any evaluation, investigation, disinterment, study, reinterment or other disposition carried out by the state historical society, with board approval, using moneys appropriated to the state historical society.
(f) "Unmarked burial site" means any interment by whatever means of human skeletal remains, other than a burial site in a cemetery otherwise protected by Kansas statute.
History: L. 1989, ch. 234, § 3; July 1.
(b) The board shall consist of:
(1) The state archeologist;
(2) a physical anthropologist, appointed by the governor, who is employed by an institution of higher education located in this state, holds a doctorate degree representing specialized training in skeletal biology or forensic osteology and has demonstrated ability to design and execute a human skeletal analysis and to present the written results and interpretations of the analysis in a thorough, scientific and timely manner;
(3) a historian, appointed by the governor, who is employed by the state historical society or an institution of higher education located in this state, holds an advanced degree in American history and has specialized in Kansas history;
(4) four tribal representatives, one from each of the four resident Kansas Indian tribes (Pottawatomie, Kickapoo, Iowa and Sac and Fox), to be selected by the governing body of the respective tribe; and
(5) two members, appointed by the governor, who represent the general public but are not members of the interest groups represented by the members enumerated in subsections (a)(2) through (4).
(c) Of the appointive members first appointed to the board: The member who is a physical anthropologist and the member who represents the Pottawatomie tribe shall serve for terms of one year; the member who is a historian, the member representing the Kickapoo tribe and one member of the general public, as designated by the governor, shall serve for terms of two years; and the member who represents the Iowa tribe, the member who represents the Sac and Fox tribe and one member of the general public, as designated by the governor, shall serve for terms of three years. Upon expiration of such terms, all members shall serve for terms of three years.
(d) Appointive members of the board attending meetings of the board or a subcommittee meeting authorized by the board shall be paid compensation and subsistence allowances, mileage and other expenses as provided by K.S.A. 75-3223 and amendments thereto.
(e) The state archeologist shall serve as chairperson of the board.
(f) The secretary of the state historical society shall serve as secretary of the board and shall provide such office space and such staff as necessary for the performance of the duties prescribed by this act.
History: L. 1989, ch. 234, § 4; July 1.
(a) Provide for the establishment and maintenance of a registry of unmarked burial sites located in this state;
(b) consult with all interested parties on occasions of disturbance, or threatened or potential disturbance, of unmarked burial sites to determine a proper course of action;
(c) initiate necessary action by the attorney general for the enforcement of this act;
(d) issue permits for the excavation, study, display and reinterment or disposition of human skeletal remains from unmarked burial sites and goods interred with such remains, as provided in this act; and
(e) adopt such rules and regulations as necessary to administer and enforce the provisions of this act.
History: L. 1989, ch. 234, § 5; July 1.
(b) The registry of unmarked burial sites shall be confidential and shall not be open to inspection except as provided by rules and regulations of the board consistent with the purposes of this act.
History: L. 1989, ch. 234, § 6; July 1.
(b) A permit to excavate human remains from an unmarked burial site and goods interred with such remains shall be issued only for scientific or educational purposes or for such other purposes, authorized by rules and regulations of the board, which the board determines are consistent with the purposes of this act. The permit shall provide for reinterment or disposition of the disinterred remains or goods by a specific date.
(c) A permit to study human skeletal remains from an unmarked burial site and goods interred with such remains shall be issued only for study by a bona fide research, medical or educational institution for research, medical or educational purposes, as determined in accordance with rules and regulations of the board. The permit shall be valid for a period of one year. On a showing of need, the board may extend such period for additional periods of six months. The permit shall provide for reinterment or disposition of the disinterred remains or goods by a specific date.
(d) A permit to display human skeletal remains from an unmarked burial site and goods interred with such remains shall be issued only for display by a bona fide research, medical or educational institution for research, medical or educational purposes, as determined in accordance with rules and regulations of the board.
(e) Permits issued by the board shall be subject to such terms, conditions and procedures as prescribed by the board. Such conditions shall include a condition that permittees pay all costs incurred, including costs of excavation, study and disposition. If human skeletal remains are reasonably identified with direct kin or descent groups such as native American Indian tribes, the board shall consult with such groups prior to issuing a permit for the excavation, study, display or reinterment or disposition of such remains or goods interred with such remains.
(f) The board may deny, suspend or revoke any permit, in accordance with the Kansas administrative procedure act, upon a finding that the applicant or permittee has violated any provision of this act or any term, condition or procedure of a permit issued by the board.
(g) The board shall fix by rules and regulations an application fee which shall accompany each application for a permit provided for by this section. For that purpose, the board may establish classes of permits and fix a different application fee for each class. No such application fee shall exceed $50.
History: L. 1989, ch. 234, § 7; July 1.
(1) Willfully disturb an unmarked burial site;
(2) knowingly possess human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains;
(3) display human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains;
(4) sell, trade or give away human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains; or
(5) throw away or discard human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains.
(b) Subsection (a)(2) shall not apply to possession of human skeletal remains or burial goods by the state historical society or institutions of higher education represented on the Kansas antiquities commission pursuant to K.S.A. 74-5402 and amendments thereto, but the board, in consultation with interested parties, shall review the collections of such society and institutions and report to the legislature on or before January 13, 1992, any recommendations it has concerning human skeletal remains and burial goods which are part of such collections and are from unmarked burial sites. Subsections (a)(1) through (5) shall not apply to:
(1) Disinterment, possession, display, transfer, reinterment or disposition of human skeletal remains, or goods interred with such remains, which are determined by a coroner to be remains described by K.S.A. 22a-231 and amendments thereto; and
(2) private collections of burial goods acquired prior to January 1, 1990.
(c) Violation of this section is a crime punishable:
(1) Upon conviction of a first offense, by a fine of not more than $10,000, if the commercial and archeological value of the remains and goods involved and all costs related to their restoration and repair is $5,000 or less;
(2) upon conviction of a first offense, by a fine of not more than $20,000, if the commercial and archeological value of the remains and goods involved and all costs related to their restoration and repair is more than $5,000; and
(3) upon conviction of the second or a subsequent offense, by a fine of not more than $100,000.
(d) In addition to or in lieu of any penalty imposed pursuant to subsection (c), the board, upon a finding that a person has violated any provision of this section or any term of a permit issued under this act, may impose on such person a civil fine of not more than $2,000 for each violation. Imposition of any such fine shall be only upon notice and a hearing conducted in accordance with the Kansas administrative procedure act and shall be subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
History: L. 1989, ch. 234, § 8; July 1.
(b) Any person who discovers human skeletal remains immediately shall notify the law enforcement agency of the jurisdiction where the remains were found. Upon receipt of such notice, the law enforcement agency immediately shall notify the district coroner or deputy district coroner. If the coroner determines that the human skeletal remains are not of evidentiary or forensic interest then the coroner shall notify the state historical society.
(c) Failure to give notice as required by subsection (a) or (b) is a misdemeanor punishable by a fine of not less than $100 nor more than $500.
(d) Upon notification pursuant to this section or K.S.A. 22a-232, and amendments thereto, the state historical society shall assume jurisdiction over the human skeletal remains, and any goods interred with such remains. The state historical society shall carry out society actions in as expeditious a manner as possible, with particular consideration given to circumstances such as construction sites, agricultural interests and kin or descent groups. After disinterment, the remains and goods may be under the control of the state historical society for purposes of study for a period of one year. On a showing of need, the board may extend such period for additional periods of six months. After any period of study authorized by this subsection, disposition or reinterment of the remains and goods shall be under the direction of the board.
History: L. 1989, ch. 234, § 9; L. 1993, ch. 214, § 14; July 1.
History: L. 1989, ch. 234, § 10; July 1.
History: L. 1989, ch. 234, § 11; July 1.
History: L. 1989, ch. 234, § 12; July 1.
History: L. 1989, ch. 234, § 13; July 1.
History: L. 1989, ch. 234, § 14; July 1.