49-512.Same; creation of state public trust;trustees; bylaws; audit; reporting; conveyance, assignment andtransfer of property; liability.(a) A state public trust shall be created to administerrelocation assistance pursuantto this act and to acquire, hold and dispose of property as specified in thisact.
(b) The trust shall have five trustees appointed by the governor, subject toconfirmationby the senate as provided by K.S.A. 75-4315b and amendments thereto. Except asprovided byK.S.A. 46-2601, and amendments thereto, no person appointed as trustee shallexercise anypower, duty or function as a trustee until confirmed by the senate. The termsof trustees firstappointed shall be as follows: One trustee shall serve for a term expiring thefirst March 15following appointment, one for a term expiring the second March 15 followingappointment, onefor a term expiring the third March 15 following appointment and two for termsexpiring thefourth March 15 following appointment. Thereafter, trustees shall be appointedfor terms of fouryears and until their successors are appointed and confirmed. Whenever avacancy on the trustoccurs, the governor shall fill the vacancy by appointment and the appointeeshall hold office forthe unexpired term. Each trustee shall hold office until a successor has beenappointed andconfirmed. A trustee may be removed only for cause.
(c) The trustees, who shall be deemed public officers, shall be paid amountsprovided bysubsection (e) of K.S.A. 75-3223, and amendments thereto, from funds of thetrust.
(d) Every person becoming a trustee first shall take the oath of officerequired of a stateelected official. The oath of office shall be administered by a personauthorized to administeroaths in the state of Kansas and shall be filed with the secretary of state.
(e) Every officer and employee who handles funds of the trust shall furnishbond or othergood and sufficient security in an amount and upon such terms as established bythe statecommittee on surety bonds and insurance pursuant to K.S.A. 75-4101 et seq., andamendmentsthereto, but in no event shall any bond or other security be required of atrustee. The cost of thebond shall be paid from funds of the trust.
(f) The trustees shall adopt bylaws for the administration and regulation ofthe affairs ofthe trust. All such bylaws shall be submitted in writing to the governor andmust be approved bythe governor before taking effect.
(g) The trustees shall cause an audit to be made of the financial statementsof the trustwithin 30 days after the close of each fiscal year of the trust. The expenseof the audit shall bepaid from funds of the trust. The trust annually shall file with the governorand the legislaturecopies of financial documents and reports sufficient to demonstrate the fiscalactivity of the trust,including, but not limited to, budgets, financial reports and audits.Amendments to the adoptedbudget shall be approved by the trustees of the trust and recorded as such inthe official minutesof the trust.
(h) Meetings of the trustees shall be subject to the open meetings law.Records of the trustand minutes of meetings of the trust shall be written and kept in a place, thelocation of whichshall be recorded in the office of the secretary of state, and shall be subjectto the Kansas openrecords act. The trust shall file a monthly report of all expenditures with thegovernor, thespeaker of the house of representatives and the president of the senate.
(i) Any real or personal property may be acquired and held in the name of thetrust.When acquired, any conveyance, assignment or other transfer shall be made inthe name of thetrust by the chairperson of the trust, attested by the secretary of the trust,with the seal of the trustaffixed thereto.
(j) Any conveyance, assignment or other transfer of any estate in realproperty, executed by a trust, must be acknowledged by the president orchairperson of the trust subscribing the name ofthe trust thereto, which acknowledgment shall be in substantially the formprovided in theuniform law on notarial acts. Any instrument of conveyance, assignment or othertransferexecuted in the name of the trust pursuant to this act and bearing a signaturewhich purports to bethe signature of the chairperson of the trust, shall be deemed prima facieevidence that theconveyance, assignment or other transfer is the act of the trust and thetrustees thereof, that it wasduly executed and signed by the chairperson of the trust who was a trustee ofthe trust and thatthe instrument conforms in all respects to the requirements of law, and suchconveyance,assignment or other transfer shall be admissible in evidence without furtherproof of execution.
(k) The trust shall not engage in any activity or transaction that is notexpressly authorizedby this act.
(l) No trustee shall be charged personally with any liability whatsoever byreason of anyact or omission in the performance of the trust or in the operation of thetrust property but anyact, liability for any omission or obligation of a trustee or trustees, in theexecution of the trust, orin the operation of the trust property, shall extend to the whole of the trust,or so much thereof asmay be necessary to discharge such liability or obligation, and not otherwise.
(m) Moneys from grants made to the trust pursuant to this act shall be usedonly for the purposes provided by this act, including payment of the costs ofthe department of health and environment in implementing and administering thisact.
49-512.Same; creation of state public trust;trustees; bylaws; audit; reporting; conveyance, assignment andtransfer of property; liability.(a) A state public trust shall be created to administerrelocation assistance pursuantto this act and to acquire, hold and dispose of property as specified in thisact.
(b) The trust shall have five trustees appointed by the governor, subject toconfirmationby the senate as provided by K.S.A. 75-4315b and amendments thereto. Except asprovided byK.S.A. 46-2601, and amendments thereto, no person appointed as trustee shallexercise anypower, duty or function as a trustee until confirmed by the senate. The termsof trustees firstappointed shall be as follows: One trustee shall serve for a term expiring thefirst March 15following appointment, one for a term expiring the second March 15 followingappointment, onefor a term expiring the third March 15 following appointment and two for termsexpiring thefourth March 15 following appointment. Thereafter, trustees shall be appointedfor terms of fouryears and until their successors are appointed and confirmed. Whenever avacancy on the trustoccurs, the governor shall fill the vacancy by appointment and the appointeeshall hold office forthe unexpired term. Each trustee shall hold office until a successor has beenappointed andconfirmed. A trustee may be removed only for cause.
(c) The trustees, who shall be deemed public officers, shall be paid amountsprovided bysubsection (e) of K.S.A. 75-3223, and amendments thereto, from funds of thetrust.
(d) Every person becoming a trustee first shall take the oath of officerequired of a stateelected official. The oath of office shall be administered by a personauthorized to administeroaths in the state of Kansas and shall be filed with the secretary of state.
(e) Every officer and employee who handles funds of the trust shall furnishbond or othergood and sufficient security in an amount and upon such terms as established bythe statecommittee on surety bonds and insurance pursuant to K.S.A. 75-4101 et seq., andamendmentsthereto, but in no event shall any bond or other security be required of atrustee. The cost of thebond shall be paid from funds of the trust.
(f) The trustees shall adopt bylaws for the administration and regulation ofthe affairs ofthe trust. All such bylaws shall be submitted in writing to the governor andmust be approved bythe governor before taking effect.
(g) The trustees shall cause an audit to be made of the financial statementsof the trustwithin 30 days after the close of each fiscal year of the trust. The expenseof the audit shall bepaid from funds of the trust. The trust annually shall file with the governorand the legislaturecopies of financial documents and reports sufficient to demonstrate the fiscalactivity of the trust,including, but not limited to, budgets, financial reports and audits.Amendments to the adoptedbudget shall be approved by the trustees of the trust and recorded as such inthe official minutesof the trust.
(h) Meetings of the trustees shall be subject to the open meetings law.Records of the trustand minutes of meetings of the trust shall be written and kept in a place, thelocation of whichshall be recorded in the office of the secretary of state, and shall be subjectto the Kansas openrecords act. The trust shall file a monthly report of all expenditures with thegovernor, thespeaker of the house of representatives and the president of the senate.
(i) Any real or personal property may be acquired and held in the name of thetrust.When acquired, any conveyance, assignment or other transfer shall be made inthe name of thetrust by the chairperson of the trust, attested by the secretary of the trust,with the seal of the trustaffixed thereto.
(j) Any conveyance, assignment or other transfer of any estate in realproperty, executed by a trust, must be acknowledged by the president orchairperson of the trust subscribing the name ofthe trust thereto, which acknowledgment shall be in substantially the formprovided in theuniform law on notarial acts. Any instrument of conveyance, assignment or othertransferexecuted in the name of the trust pursuant to this act and bearing a signaturewhich purports to bethe signature of the chairperson of the trust, shall be deemed prima facieevidence that theconveyance, assignment or other transfer is the act of the trust and thetrustees thereof, that it wasduly executed and signed by the chairperson of the trust who was a trustee ofthe trust and thatthe instrument conforms in all respects to the requirements of law, and suchconveyance,assignment or other transfer shall be admissible in evidence without furtherproof of execution.
(k) The trust shall not engage in any activity or transaction that is notexpressly authorizedby this act.
(l) No trustee shall be charged personally with any liability whatsoever byreason of anyact or omission in the performance of the trust or in the operation of thetrust property but anyact, liability for any omission or obligation of a trustee or trustees, in theexecution of the trust, orin the operation of the trust property, shall extend to the whole of the trust,or so much thereof asmay be necessary to discharge such liability or obligation, and not otherwise.
(m) Moneys from grants made to the trust pursuant to this act shall be usedonly for the purposes provided by this act, including payment of the costs ofthe department of health and environment in implementing and administering thisact.
49-512.Same; creation of state public trust;trustees; bylaws; audit; reporting; conveyance, assignment andtransfer of property; liability.(a) A state public trust shall be created to administerrelocation assistance pursuantto this act and to acquire, hold and dispose of property as specified in thisact.
(b) The trust shall have five trustees appointed by the governor, subject toconfirmationby the senate as provided by K.S.A. 75-4315b and amendments thereto. Except asprovided byK.S.A. 46-2601, and amendments thereto, no person appointed as trustee shallexercise anypower, duty or function as a trustee until confirmed by the senate. The termsof trustees firstappointed shall be as follows: One trustee shall serve for a term expiring thefirst March 15following appointment, one for a term expiring the second March 15 followingappointment, onefor a term expiring the third March 15 following appointment and two for termsexpiring thefourth March 15 following appointment. Thereafter, trustees shall be appointedfor terms of fouryears and until their successors are appointed and confirmed. Whenever avacancy on the trustoccurs, the governor shall fill the vacancy by appointment and the appointeeshall hold office forthe unexpired term. Each trustee shall hold office until a successor has beenappointed andconfirmed. A trustee may be removed only for cause.
(c) The trustees, who shall be deemed public officers, shall be paid amountsprovided bysubsection (e) of K.S.A. 75-3223, and amendments thereto, from funds of thetrust.
(d) Every person becoming a trustee first shall take the oath of officerequired of a stateelected official. The oath of office shall be administered by a personauthorized to administeroaths in the state of Kansas and shall be filed with the secretary of state.
(e) Every officer and employee who handles funds of the trust shall furnishbond or othergood and sufficient security in an amount and upon such terms as established bythe statecommittee on surety bonds and insurance pursuant to K.S.A. 75-4101 et seq., andamendmentsthereto, but in no event shall any bond or other security be required of atrustee. The cost of thebond shall be paid from funds of the trust.
(f) The trustees shall adopt bylaws for the administration and regulation ofthe affairs ofthe trust. All such bylaws shall be submitted in writing to the governor andmust be approved bythe governor before taking effect.
(g) The trustees shall cause an audit to be made of the financial statementsof the trustwithin 30 days after the close of each fiscal year of the trust. The expenseof the audit shall bepaid from funds of the trust. The trust annually shall file with the governorand the legislaturecopies of financial documents and reports sufficient to demonstrate the fiscalactivity of the trust,including, but not limited to, budgets, financial reports and audits.Amendments to the adoptedbudget shall be approved by the trustees of the trust and recorded as such inthe official minutesof the trust.
(h) Meetings of the trustees shall be subject to the open meetings law.Records of the trustand minutes of meetings of the trust shall be written and kept in a place, thelocation of whichshall be recorded in the office of the secretary of state, and shall be subjectto the Kansas openrecords act. The trust shall file a monthly report of all expenditures with thegovernor, thespeaker of the house of representatives and the president of the senate.
(i) Any real or personal property may be acquired and held in the name of thetrust.When acquired, any conveyance, assignment or other transfer shall be made inthe name of thetrust by the chairperson of the trust, attested by the secretary of the trust,with the seal of the trustaffixed thereto.
(j) Any conveyance, assignment or other transfer of any estate in realproperty, executed by a trust, must be acknowledged by the president orchairperson of the trust subscribing the name ofthe trust thereto, which acknowledgment shall be in substantially the formprovided in theuniform law on notarial acts. Any instrument of conveyance, assignment or othertransferexecuted in the name of the trust pursuant to this act and bearing a signaturewhich purports to bethe signature of the chairperson of the trust, shall be deemed prima facieevidence that theconveyance, assignment or other transfer is the act of the trust and thetrustees thereof, that it wasduly executed and signed by the chairperson of the trust who was a trustee ofthe trust and thatthe instrument conforms in all respects to the requirements of law, and suchconveyance,assignment or other transfer shall be admissible in evidence without furtherproof of execution.
(k) The trust shall not engage in any activity or transaction that is notexpressly authorizedby this act.
(l) No trustee shall be charged personally with any liability whatsoever byreason of anyact or omission in the performance of the trust or in the operation of thetrust property but anyact, liability for any omission or obligation of a trustee or trustees, in theexecution of the trust, orin the operation of the trust property, shall extend to the whole of the trust,or so much thereof asmay be necessary to discharge such liability or obligation, and not otherwise.
(m) Moneys from grants made to the trust pursuant to this act shall be usedonly for the purposes provided by this act, including payment of the costs ofthe department of health and environment in implementing and administering thisact.
