HB 2268--
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Session of 1997
HOUSE BILL No. 2268
By Representative Mayans
2-7
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9 AN ACT concerning the department of health and environment; creating
10 the department of health and the department of environment; provid-
11 ing for the powers, duties and functions thereof.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. In order to reorganize the administration and regulation
15 of the state's policies related to public health, there is hereby established
16 on July 1, 1999, within the executive branch of government, the Kansas
17 department of health.
18 Sec. 2. Effective July 1, 1999, the Kansas department of health shall
19 be administered under the direction and supervision of a secretary of
20 health, who shall be appointed by the governor subject to confirmation
21 by the senate as provided in K.S.A. 75-4315b and amendments thereto
22 who shall first take office on July 1, 1999, and serve at the pleasure of
23 the governor. The secretary of health shall be in the unclassified service
24 under the Kansas civil service act and shall receive an annual salary fixed
25 by the governor.
26 Sec. 3. Effective July 1, 1999, the secretary of health may appoint
27 assistant secretaries and a chief attorney who shall serve at the pleasure
28 of the secretary. The assistant secretaries and chief attorney shall be in
29 the unclassified service under the Kansas civil service act and shall receive
30 annual salaries fixed by the secretary. The secretary of health may also
31 appoint such other staff assistants, attorneys and employees necessary to
32 enable the secretary to carry out the duties of the office. Such other staff
33 assistants, attorneys and employees shall be in the classified service under
34 the Kansas civil service act. Assistant secretaries, other staff assistants and
35 employees shall have powers, duties and functions as are assigned to them
36 by the secretary or are prescribed by law. The assistant secretaries, staff
37 assistants and employees shall act for and exercise the powers of the
38 secretary of health to the extent authority to do so is delegated by the
39 secretary of health as provided by law. The secretary of health may ap-
40 point one public information officer, one personal secretary and one spe-
41 cial assistant who shall be in the unclassified service under the Kansas
42 civil service act and shall receive compensation fixed by the secretary of
43 health and approved by the governor.
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1 Sec. 4. In order to reorganize the administration and regulation of
2 the state's policies related to the environment, there is hereby established
3 on July 1, 1999, within the executive branch of government, the Kansas
4 department of environment.
5 Sec. 5. Effective July 1, 1999, the Kansas department of environment
6 shall be administered under the direction and supervision of a secretary
7 of environment, who shall be appointed by the governor subject to con-
8 firmation by the senate as provided in K.S.A. 75-4315b and amendments
9 thereto who shall first take office on July 1, 1999 and serve at the pleasure
10 of the governor. The secretary of environment shall be in the unclassified
11 service under the Kansas civil service act and shall receive an annual salary
12 fixed by the governor.
13 Sec. 6. Effective July 1, 1999, the secretary of environment may ap-
14 point assistant secretaries and a chief attorney who shall serve at the
15 pleasure of the secretary. The assistant secretaries and chief attorney shall
16 be in the unclassified service under the Kansas civil service act and shall
17 receive annual salaries fixed by the secretary. The secretary of environ-
18 ment may also appoint such other staff assistants, attorneys and employ-
19 ees necessary to enable the secretary to carry out the duties of the office.
20 Such other staff assistants, attorneys and employees shall be in the clas-
21 sified service under the Kansas civil service act. Assistant secretaries,
22 other staff assistants and employees shall have powers, duties and func-
23 tions as are assigned to them by the secretary or are prescribed by law.
24 The assistant secretaries, staff assistants and employees shall act for and
25 exercise the powers of the secretary of environment to the extent au-
26 thority to do so is delegated by the secretary of environment as provided
27 by law. The secretary of environment may appoint one public information
28 officer, one personal secretary and one special assistant who shall be in
29 the unclassified service under the Kansas civil service act and shall receive
30 compensation fixed by the secretary of environment and approved by the
31 governor.
32 Sec. 7. The Kansas department of health and environment and the
33 secretary of health and environment created by K.S.A. 75-5601 and
34 amendments thereto are hereby abolished on July 1, 1999.
35 Sec. 8. (a) The division of health established pursuant to K.S.A. 75-
36 5603 and amendments thereto, and the position of director of the division
37 of health are hereby abolished on July 1, 1999.
38 (b) Except as otherwise provided by this act, all of the powers, duties
39 and functions of the existing division of health and the existing director
40 of the division of health are hereby transferred to and conferred and
41 imposed upon the secretary of health established by this act on July 1,
42 1999.
43 Sec. 9. (a) The division of environment established pursuant to
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1 K.S.A. 75-5605 and amendments thereto, and the position of director of
2 the division of environment are hereby abolished on July 1, 1999.
3 (b) Except as otherwise provided by this act, all of the powers, duties
4 and functions of the existing division of environment and the existing
5 director of the division of environment are hereby transferred to and
6 conferred and imposed upon the secretary of environment established by
7 this act on July 1, 1999.
8 Sec. 10. Except as otherwise provided by this act, whenever the Kan-
9 sas department of health and environment or words of like effect is re-
10 ferred to or designated by a statute, contract or other document, such
11 reference or designation shall be deemed to apply to the Kansas depart-
12 ment of health or the Kansas department of environment as established
13 by this act. When any conflict arises as to whether the department of
14 health or department of environment is being designated or referenced,
15 such conflict shall be resolved by the governor whose decision shall be
16 final.
17 Sec. 11. All rules and regulations of the secretary of health and en-
18 vironment in existence on the effective date of this act shall continue to
19 be effective and shall be deemed to be duly adopted rules and regulations
20 of the secretary of health or the secretary of environment established by
21 this act until revised, amended, revoked or nullified pursuant to law. The
22 determination of which rules and regulations shall be administered by the
23 secretary of health or the secretary of environment shall be made based
24 upon the terms of this act. When any conflict arises as to the responsibility
25 for enforcement or administration of rules and regulations of the secretary
26 of health and environment, such conflict shall be resolved by the governor
27 whose decision shall be final.
28 Sec. 12. All certificates, permits, licenses, orders and directives of the
29 Kansas department of health and environment or the secretary of health
30 and environment in existence on the effective date of this act shall con-
31 tinue to be effective and shall be deemed to be the certificates, permits,
32 licenses, orders and directives of either the secretary of health or the
33 secretary of environment until revised, amended or nullified pursuant to
34 law. The determination as to whether the certificates, permits, licenses,
35 orders and directives of the Kansas department of health and environ-
36 ment or the secretary of health and environment shall be the responsi-
37 bility of the secretary of health or the secretary of environment shall be
38 determined pursuant to the terms of this act. If any conflict arises as to
39 the responsibility for such certificates, permits, licenses, orders and di-
40 rectives, the conflict shall be resolved by the governor whose decision
41 shall be final.
42 Sec. 13. The Kansas department of health and the Kansas depart-
43 ment of environment and the secretary of health and the secretary of
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1 environment established by this act respectively shall be continuations of
2 the Kansas department of health and environment, the secretary of health
3 and environment, the director of the division of health and the director
4 of the division of environment.
5 Sec. 14. Except as otherwise provided in this act, on the effective
6 date of this act officers and employees who, immediately prior to such
7 date, were engaged in the performance of powers, duties or functions of
8 any state agency or office which is abolished by this act or which becomes
9 a part of the department of health or the powers, duties and functions of
10 which are transferred to the secretary of health and who in the opinion
11 of the secretary of health are necessary to perform the powers, duties and
12 functions of the Kansas department of health shall be transferred to and
13 shall become officers and employees of the Kansas department of health.
14 Any such officer or employee shall retain all retirement benefits and all
15 rights of civil service which have accrued to or vested in such officer or
16 employee prior to the effective date of this act. The service of each such
17 officer and employee so transferred shall be deemed to have been con-
18 tinuous. In the event a conflict arises as to whether an officer or employee
19 shall be assigned to the Kansas department of health or the Kansas de-
20 partment of environment, such conflict shall be resolved by the governor
21 whose decision shall be final.
22 Sec. 15. Except as otherwise provided in this act, on the effective
23 date of this act officers and employees who, immediately prior to such
24 date, were engaged in the performance of powers, duties or functions of
25 any state agency or office which is abolished by this act or which becomes
26 a part of the department of environment or the powers, duties and func-
27 tions of which are transferred to the secretary of environment and who
28 in the opinion of the secretary of environment are necessary to perform
29 the powers, duties and functions of the Kansas department of environ-
30 ment shall be transferred to and shall become officers and employees of
31 the Kansas department of environment. Any such officer or employee
32 shall retain all retirement benefits and all rights of civil service which have
33 accrued to or vested in such officer or employee prior to the effective
34 date of this act. The service of each such officer and employee so trans-
35 ferred shall be deemed to have been continuous. In the event a conflict
36 arises as to whether an officer or employee shall be assigned to the Kansas
37 department of health or the Kansas department of environment, such
38 conflict shall be resolved by the governor whose decision shall be final.
39 Sec. 16. Except as provided in this act, the Kansas department of
40 health shall succeed to all contracts, property, property rights and records
41 which were used for or pertain to the performance of the powers, duties
42 and functions transferred to the secretary of health. Except as provided
43 in this act, the Kansas department of environment shall succeed to all
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1 contracts, property, property rights and records which were used for or
2 pertain to the performance of the powers, duties and functions trans-
3 ferred to the secretary of environment. Any conflict as to the proper
4 disposition of contracts, property, property rights or records arising under
5 this act and resulting from the transfer, attachment or abolition of any
6 state agency or office or all or part of the powers, duties and functions
7 thereof shall be determined by the governor whose decision shall be final.
8 Sec. 17. (a) No suit, action or other proceeding, judicial or admin-
9 istrative, lawfully commenced or which could have been commenced by
10 or against any state agency mentioned in this act or by or against any
11 officer of the state in such officer's official capacity or in relation to the
12 discharge of such officer's official duties shall abate by reason of the gov-
13 ernmental reorganization effective under the provisions of this act. The
14 court may allow any such suit, action or other proceeding to be main-
15 tained by or against the successor of such state agency or any officer
16 affected.
17 (b) No criminal action commenced or which could have been com-
18 menced by the state shall abate by the taking effect of this act.
19 Sec. 18. (a) On the effective date of this act, the balance of all funds
20 appropriated and reappropriated to any of the state agencies abolished
21 by this act is hereby transferred to either the Kansas department of health
22 or the Kansas department of environment and shall be used only for the
23 purpose for which the appropriation was originally made. The determi-
24 nation of whether particular funds shall be transferred to the department
25 of health or to the department of environment shall be made pursuant to
26 the terms of this act. When any conflict arises as to the proper disposition
27 of funds, such conflict shall be resolved by the governor whose decision
28 shall be final.
29 (b) On the effective date of this act, the liability for all accrued com-
30 pensation or salaries of officers and employees who, immediately prior to
31 such date, were engaged in the performance of powers, duties or func-
32 tions of any state agency or office abolished by this act or which becomes
33 a part of the Kansas department of health or the Kansas department of
34 environment established by this act or the powers, duties and functions
35 which are transferred to the secretary of health or the secretary of envi-
36 ronment provided for by this act shall be assumed and paid by the Kansas
37 department of health or the Kansas department of environment. The
38 determination as to which department shall be liable for particular ac-
39 crued compensation or salaries shall be made pursuant to the terms of
40 this act. Any conflict which arises as to the proper agency to be respon-
41 sible for the liability for particular accrued compensation or salaries shall
42 be resolved pursuant to the term of this act. When any conflict arises as
43 to which agency shall be responsible for particular accrued compensation
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1 or salaries, such conflict shall be resolved by the governor whose decision
2 shall be final.
3 Sec. 19. The secretary of health may organize the department of
4 health in the manner deemed most efficient, so long as the same is not
5 in conflict with law. The assistant secretaries, division heads and staff
6 assistants shall perform such duties and exercise such powers as are pre-
7 scribed by law and such other duties as the secretary of health prescribes.
8 Such assistant secretaries and division heads shall act for, and exercise
9 the powers of the secretary of health to the extent authority to do so is
10 delegated by the secretary of health. Personnel of each division shall per-
11 form such duties and exercise such powers as the assistant secretary or
12 the head of the division may prescribe and such duties and powers as are
13 prescribed by law. Personnel of each division shall act for, and exercise
14 the powers of their assistant secretary or division head to the extent au-
15 thority to do so is delegated by the assistant secretary or division head.
16 Sec. 20. The secretary of environment may organize the department
17 of environment in the manner deemed most efficient, so long as the same
18 is not in conflict with law. The assistant secretaries, division heads and
19 staff assistants shall perform such duties and exercise such powers as are
20 prescribed by law and such other duties as the secretary of environment
21 prescribes. Such assistant secretaries and division heads shall act for, and
22 exercise the powers of the secretary of environment to the extent au-
23 thority to do so is delegated by the secretary of environment. Personnel
24 of each division shall perform such duties and exercise such powers as
25 the assistant secretary or the head of the division may prescribe and such
26 duties and powers as are prescribed by law. Personnel of each division
27 shall act for, and exercise the powers of their assistant secretary or division
28 head to the extent authority to do so is delegated by the assistant secretary
29 or division head.
30 Sec. 21. This act shall take effect and be in force from and after July
31 1, 1999, and its publication in the statute book.