2-205.   State fair fee fund; authorizeduses and procedures for fair and nonfair days events; employees for state fair,background check; reports of activity; fair board local bank accounts; changefunds.(a) (1) All moneys received by the state fairboard through the operation of the state fair and from any and allother sources directly related to the operation of the state fair shall beremitted to the state treasurer in accordance withthe provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt ofeach such remittance, the state treasurer shall deposit the entire amountin the state treasury to the credit of the state fair fee fund, which is herebycreated.

      (2)   During each fiscal year, moneys in the state fair fee fund, andappropriationsfor the operation of the state fair from the state general fund made forthe state fair, or the state fair board, maybe transferred from the state treasury to a bank in Reno county, Kansas, tothe account of the state fair board, uponvouchers of the state fair board,to establish the state fair board local bank account. The moneys in the statefair board local bank account may be used by the state fair board:

      (A)   In operating and conducting a state fair, including but not by way oflimitation, the payment of labor, salaries of part-time employees, prizesand awards and as provided by this section; and

      (B)   in operating andpromoting nonfair days events. The state treasurer and thedirector of accounts and reportsare authorized and directed to honor all such vouchers and orders of thestate fair board, and to make such transfersas directed.

      (3) (A)   During each fiscal year, the state fairboard may expend moneys on deposit to its credit inthe state fair board local bank account, for theoperation and promotion of the state fair and nonfair days events, byapproved vouchers directed to the treasurerof the state fair board and by the issuanceof checks by the treasurer of the board to the persons entitled thereto asshown upon such vouchers. All such expenditures may be madewithoutcompliance with any of the provisions of any act contained in article 37 ofchapter 75 of the Kansas Statutes Annotated, and amendments thereto.

      (B)   During the period beginning May 1 and extendingto October 31 of each year, the state fairboard may employ labor and personnel in conjunction with thecurrent operation of the state fair, without compliance with the provisionsof any act contained in article 29 of chapter 75 of the Kansas StatutesAnnotated,and amendmentsthereto.The state fair board may conducta check of the internet site maintained by the Kansas bureau of investigationconcerningregistered offenders prior to employing such persons. The board is authorizedto use suchinformation to determine such person's fitness for employment. The state fairboard or anyemployees thereof, shall not be liable for civil damages to any person refusedemployment ordischarged from employment by reason of the board complying with thisparagraph.This authority to employ shall not be construed as authorizing theboard to employ its normal classified service employees on a differentbasis for all or any part of that six-month period.

      (4)   On or before each June 30, all unencumbered moneys on deposit to thecredit of thestate fair board in the state fair board local bank account shallbe transferred back to the statetreasury to the credit of the state fair fee fund or appropriation from thestate general fund according as each may be entitled. All moneys in thestate fair fee fund may be used for the payment of checks drawn against thestate fair board local bank account upon vouchers drawn by thestate fairboard. Upon the close of accounts for each fiscalyear, the state fairboard shall submit a fullandcomplete object classification report for such fiscal year on all moneyscollected by andexpended by the state fair board to thedirector of accounts and reports.

      (b)   All moneys received by the state fairboard through the operation and promotion of nonfair days events shallbe depositedin thestate fair board local bank account for use fornonfair days events by the state fairboard and as provided by this section. All expenses incurred in theoperation and promotion ofnonfair days events shall be paid from the state fair boardlocal bank accountby issuance of checks by thetreasurer of the state fair board or a persondesignated by such treasurer.

      (c)   The state fair board local bank account required for use inoperating andpromoting the state fair or nonfair days eventsunder this section shall be awarded to a bank in Reno county, Kansas, bythepooled moneyinvestment board under a written agreement in accordance with proceduresfor state bank accounts under K.S.A. 75-4217, and amendmentsthereto, andshall be secured by pledge of securities in the manner prescribed for statebank accounts under K.S.A. 75-4218, and amendments thereto, andin theamount prescribed for fee agency accounts under that statute.

      (d) (1)   Upon request of the state fair board, the director ofaccounts and reports shall authorize the state fair board to establish achange fund for the purposes of the state fair for use on those days notdesignated as official state fair days in an amount of not to exceed$15,000 to be maintained in the form of cash. For the purposes ofestablishingsuch change fund, moneys may be withdrawnfrom moneys available therefor in the state fair board local bankaccount in accordance with the need therefor.

      (2)   The moneys in a change fundestablished under this subsection (d) shallbe used exclusively for the making of changein receiving amounts for the purposes of the state fair on those days notdesignated as official state fair days.No advance or expenditureshall be made from such change fund.

      (e) (1)   Upon request of the state fair board, the director ofaccounts and reports shall authorize the state fair board to establish achange fund for nonfair days events in an amount of not to exceed$15,000 to be maintained in the form of cash. For the purposes ofestablishing a nonfair days events change fund, moneys may be withdrawnfrom moneys available therefor in the state fair board local bankaccount in accordance with the need therefor.

      (2)   The moneys in the nonfair days events change fundshallbe used exclusively for the making of change in receiving amounts inoperating and conductingthe nonfair days events during the nonfair days period.No advance or expenditureshall be made from such change fund.

      (f) (1)   Except as otherwise provided in this section, eachchange fundestablished under subsection (d) or (e) shall be administered in the samemanner as change fundsauthorized in accordance with K.S.A. 75-3078, and amendmentsthereto, andshall be subject to the procedures and reimbursement and reportingprovisions of that statute or such procedures and reporting requirements as maybeprescribed by the director of accounts and reports under that statute. Thedirector of accounts and reports may authorize a reconciling entry in anyreconciliation statement for any such change fundinan amount of not to exceed the maximum authorized by K.S.A. 75-3078, andamendments thereto, for change funds authorized in accordance with thatstatute.

      (2)   All officers and employees of the state fair board having custodyof moneys of a change fundestablished under subsection (d) or (e) shall be covered by a blanket suretycontractpurchased by the committee on surety bonds and insurance in such amount oramounts and upon such terms and conditions as the committee on surety bondsand insurance deems necessary and proper in accordance with the provisionsof K.S.A. 75-4103, 75-4104 and 75-4105, and amendments thereto.

      (g)   As used in this section:

      (1)   "Nonfair days event" means an event held on the state fairgrounds onthose days which have not been designated as official state fair days; and

      (2)   "state fair board local bank account" means the account established andmaintained for the state fair board in a bank located in Reno county, Kansas,as authorized by this section.

      (h)   On the effective date of this act, the director of accounts andreports shall transfer all moneys in the nonfair days activities fee fund tothe state fair fee fund. On the effective date of this act, all obligations ofthe nonfair days activities fee fund are hereby transferred to and imposed onthe state fair fee fund. On the effective date of this act, the nonfair daysactivities fee fund is hereby abolished.

      History:   L. 1913, ch. 293, § 10;R.S. 1923, § 2-205;L. 1955, ch. 3, § 1;L. 1977, ch. 2, § 1;L. 1979, ch. 239, § 2;L. 1987, ch. 5, § 10;L. 1990, ch. 3, § 1;L. 1998, ch. 76, § 1;L. 2001, ch. 5, § 5;L. 2008, ch. 107, § 1; May 1.