Session of 1999
         
HOUSE BILL No. 2545
         
By Committee on Appropriations
         
3-4
         
  9             AN  ACT creating an office of advocates within the legislative branch of
10             state government; providing for the powers, duties and functions
11             thereof; creating a joint legislative committee for advocates and pro-
12             viding for the powers, duties and functions thereof; providing for the
13             appointment of a director of advocates and the powers, duties and
14             functions thereof; creating an advocate for health care and an advocate
15             for foster care--adoption; amending K.S.A. 39-1406, 74-7403, 74-7404,
16             74-7405a, 74-7406 and 74-7407 and K.S.A. 1998 Supp. 45-221, 65-
17             3027, 75-5908, 75-5914, 75-7302, 75-7303, 75-7304, 75-7305, 75-7306,
18             75-7307, 75-7308, 75-7309, 75-7310, 75-7311, 75-7312, 75-7313 and
19             75-7314 and repealing the existing sections; also repealing K.S.A. 74-
20             7402 and K.S.A. 1998 Supp. 75-7301.
21      
22       Be it enacted by the Legislature of the State of Kansas:
23             New Section  1. (a) There is hereby established the joint legislative
24       committee for advocates which shall consist of five members of the senate
25       and five members of the house of representatives. The five members of
26       the senate shall be appointed as follows: Three by the president and two
27       by the minority leader. The five members of the house of representatives
28       shall be appointed as follows: Three by the speaker and two by the mi-
29       nority leader. Each senate member appointed and each representative
30       member appointed shall serve on the joint legislative committee for ad-
31       vocates during such member's current term as a legislator. The officer so
32       appointing shall notify promptly the joint committee of the appointment.
33       A quorum of the committee shall be six. Except as otherwise specifically
34       provided by law, all actions of the committee may be taken by a majority
35       of those present when there is a quorum. At the commencement of each
36       regular session of the legislature, the joint legislative committee for ad-
37       vocates shall organize by electing a chairperson and a vice-chairperson
38       who are not members of the same house of the legislature. The vice-
39       chairperson shall exercise all of the powers of the chairperson in the
40       absence of the chairperson. The joint legislative committee for advocates
41       may meet at any time, at any place in the state on the call of the chair-
42       person. The committee may introduce such legislation as it deems nec-
43       essary in performing its duties under this act.

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  1             (b) There is hereby established the office of advocates. The director
  2       of advocates shall be appointed by the joint legislative committee for
  3       advocates and shall serve under its direction. The director of advocates
  4       may be removed from office by the affirmative vote of not less than seven
  5       members of the joint legislative committee for advocates taken at any
  6       regular meeting of such committee. The director of advocates shall be a
  7       person of extensive experience and recognized qualification in the field
  8       of ombudsman representation and government advocacy. The director of
  9       advocates shall be in the unclassified service and shall receive such com-
10       pensation as is determined by the legislative coordinating council, except
11       that such compensation may be increased but not diminished during such
12       service. The joint legislative committee for advocates may recommend to
13       the legislative coordinating council changes in the compensation of the
14       director of advocates. The director of advocates shall receive travel ex-
15       penses and subsistence expenses and allowances as provided for members
16       of the legislature in K.S.A. 75-3212 and amendments thereto when at-
17       tending any authorized meeting or business outside the city of Topeka.
18             (c) There is hereby established the office of advocates within the leg-
19       islative branch of the government. The office of advocates shall be under
20       the direct supervision of the director of advocates in accordance with
21       policies adopted by the joint legislative committee for advocates. Em-
22       ployees in the office of advocates shall be in the unclassified service, shall
23       receive such compensation as is provided under this act and shall be
24       covered by the state group health plan and Kansas public employees re-
25       tirement system to the same extent as other state employees. Employees
26       of the office of advocates shall receive travel expenses and subsistence
27       expenses and allowances as provided for other state employees. Employ-
28       ees in the office of advocates shall be employed by and be responsible to
29       the director of advocates who shall fix the compensation of each such
30       employee subject to approval of the joint legislative committee for ad-
31       vocates and within budget and appropriations therefor. The annual
32       budget request of the division shall be prepared by the director of ad-
33       vocates and the director of advocates shall present it to the joint legislative
34       committee for advocates. The committee shall make any changes it de-
35       sires in the budget request and then shall transmit it to the legislative
36       coordinating council. Such council shall make any changes it desires in
37       such budget request and upon approval of the budget request by the
38       council, the director of advocates shall submit it to the director of the
39       budget as other budget requests are submitted.
40             (d) Members of the joint legislative committee for advocates shall
41       receive compensation, travel expenses and subsistence expenses and al-
42       lowances as provided in K.S.A. 75-3212 and amendments thereto. All
43       compensation and expenses of members of the joint legislative committee

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  1       for advocates arising out of activities as members of such committee shall
  2       be paid from appropriations made for the office of advocates. All com-
  3       pensation and expenses of the director of advocates and employees of the
  4       office of advocates shall be paid from appropriations made for the office
  5       of advocates. All payrolls and vouchers for payment of amounts from
  6       appropriations made for the office of advocates shall be approved by the
  7       director of advocates.
  8             New Sec.  2. The director of advocates shall:
  9             (a) Employ such employees as may be necessary to carry out the
10       duties of the office of advocates;
11             (b) enter and inspect documents relating to complaints, investigations
12       and studies under the control of and performed by any advocates at any
13       reasonable time of day and may delegate that authority in writing to any
14       employee of the office of advocates;
15             (c) ensure that no individual involved in the authorization of any in-
16       dividual to represent the office of advocates is subject to a conflict of
17       interest;
18             (d) ensure that no officer, employee or other representative of the
19       office of advocates is subject to a conflict of interest; and
20             (e) ensure that policies and procedures are in place to identify and
21       remedy all conflicts of interest.
22             New Sec.  3. (a) Records of the office of advocates and records of the
23       director of advocates included under the provisions of this act shall not
24       be disclosed directly or indirectly to any person except as authorized by
25       the director of advocates.
26             (b) No documents relating to complaints, investigations or studies in
27       the possession of the director of advocates or any employee of the director
28       of advocates shall be read, copied or taken by any officer or employee of
29       the state of Kansas except as authorized by the director of advocates or
30       such person's designee.
31             New Sec.  4. The following state ombudsmen and such ombudsmen's
32       offices are hereby transferred to the office of advocates:
33             (a) The state long-term care ombudsman, K.S.A. 75-7301 et seq., and
34       amendments thereto;
35             (b) the ombudsman of corrections, K.S.A. 74-7402, and amendments
36       thereto;
37             (c) the small business stationary sources ombudsman in the depart-
38       ment of health and environment, K.S.A. 65-3027, and amendments
39       thereto;
40             (d) the persons carrying out an ombudsman's functions within the
41       department of social and rehabilitation services;
42             (e) the person carrying out an ombudsman's functions for the uni-
43       versity of Kansas; and

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  1             (f) the persons carrying out an ombudsman's functions for Kansas
  2       state university.
  3             New Sec.  5. (a) All of the powers, duties and functions of the existing
  4       ombudsmen specified under section 4 and amendments thereto, are
  5       hereby transferred to and conferred and imposed upon the director of
  6       advocates, except as is herein otherwise provided.
  7             (b) The director of advocates shall be the successor in every way to
  8       the powers, duties and functions of the ombudsmen specified under sec-
  9       tion 4 and amendments thereto, in which the same were vested prior to
10       the effective date of this act, except as is herein otherwise provided. Every
11       act performed under the authority of the director of advocates shall be
12       deemed to have the same force and effect as if performed by the om-
13       budsmen specified under section 4 and amendments thereto, in which
14       such functions were vested prior to the effective date of this act.
15             (c) Whenever an ombudsman specified under section 4 and amend-
16       ments thereto, or words of like effect, is referred to or designated by a
17       statute, contract or other document, such reference or designation shall
18       be deemed to apply to the director of advocates.
19             (d) All orders or directive of the ombudsmen specified under section
20       4 and amendments thereto, in existence on the effective date of this act
21       shall continue to be effective and shall be deemed to be the orders or
22       directives of the director of advocates until revised, amended, repealed
23       or nullified pursuant to law.
24             (e) The director of advocates created by this act shall be a continu-
25       ation of the ombudsmen specified under section 4 and amendments
26       thereto.
27             (f) When any conflict arises as to the disposition of any power, func-
28       tion or duty or the unexpended balance of any appropriation as a result
29       of any transfer made by this act, or under authority of this act, such
30       conflict shall be resolved by the legislative coordinating council, and such
31       decision shall be final.
32             (g) In all cases, where, under the provisions of this act, part or all of
33       the powers, duties and functions of any state agency are divided between
34       the director of advocates and the office of advocates and any other state
35       agency, the office of advocates shall succeed to all property and records
36       which were used for, or pertain to, the performance of the powers, duties
37       and functions transferred to the director of advocates and the office of
38       advocates. Any conflict as to the proper disposition of property or records
39       arising under this section, and resulting from the transfer or abolishment
40       of any state agency, or all or part of the powers, duties and functions
41       thereof, shall be determined by the legislative coordinating council, and
42       such decision shall be final.
43             (h) No suit, action or other proceeding, judicial or administrative,

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  1       lawfully commenced, or which could have been commenced, by or against
  2       any existing state agency, or by or against any officer of the state in such
  3       officer's official capacity or in relation to the discharge of official duties,
  4       shall abate by reason of the taking effect of this act. The court may allow
  5       any such suit, action or other proceeding to be maintained by or against
  6       the successor of any such existing state agency or any officer affected.
  7             (i) No criminal action commenced or which could have been com-
  8       menced by the state shall abate by the taking effect of this act.
  9             (j) On the effective date of this act, officers and employees who, im-
10       mediately prior to such date, were engaged in the performance of any
11       powers, duties and functions transferred under this act, and who, in the
12       opinion of the director of advocates are necessary to perform the powers
13       and duties of the office of advocates, shall be transferred to, and become
14       officers and employees of the office of advocates.
15             New Sec.  6. (a) On the effective date of this act, the balances of all
16       funds appropriated or reappropriated for the ombudsmen specified under
17       section 4 and amendments thereto, for any of the powers, duties and
18       functions transferred to the director of advocates or the office of advo-
19       cates under this act are hereby transferred to the office of advocates and
20       shall be used only for the purposes set out in this act and for which the
21       appropriation was originally made.
22             (b) On the effective date of this act, the liability for all accrued com-
23       pensation, wages or salaries of officers and employees who, immediately
24       prior to such date, were engaged in the performance of the powers, duties
25       or functions transferred under this act and who are transferred to the
26       office of advocates shall be assumed and paid by the office of advocates.
27             New Sec.  7. There is hereby established in the office of advocates
28       an advocate for health care. The advocate for health care shall be ap-
29       pointed by the director of advocates, shall be an employee of the office
30       of advocates and shall be in the unclassified service. The advocate for
31       health care shall provide advocacy for citizens on matters concerning
32       health care, including developing information about health care and in-
33       vestigating complaints concerning the health care system. The advocate
34       for health care shall perform such other duties as may be specified by the
35       director of advocates.
36             New Sec.  8. There is hereby established in the office of advocates
37       an advocate for foster care--adoption. The advocate for foster care--
38       adoption shall be appointed by the director of advocates, shall be an
39       employee of the office of advocates and shall be in the unclassified service.
40       The advocate for foster care--adoption shall provide advocacy for citizens
41       on matters relating to foster care or adoption, or both, shall investigate
42       complaints concerning the foster care and adoption systems in this state
43       and shall perform such other duties as may be specified by the director

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  1       of advocates.
  2             Sec.  9. K.S.A. 39-1406 is hereby amended to read as follows: 39-
  3       1406. Any person, department or agency authorized to carry out the du-
  4       ties enumerated in this act and the long-term care ombudsman director
  5       of advocates shall have access to all relevant records. The authority of the
  6       secretary of social and rehabilitation services and the secretary of health
  7       and environment under this act shall include, but not be limited to, the
  8       right to initiate or otherwise take those actions necessary to assure the
  9       health, safety and welfare of any resident, subject to any specific require-
10       ment for individual consent of the resident.
11             Sec.  10. K.S.A. 1998 Supp. 45-221 is hereby amended to read as
12       follows: 45-221. (a) Except to the extent disclosure is otherwise required
13       by law, a public agency shall not be required to disclose:
14             (1) Records the disclosure of which is specifically prohibited or re-
15       stricted by federal law, state statute or rule of the Kansas supreme court
16       or the disclosure of which is prohibited or restricted pursuant to specific
17       authorization of federal law, state statute or rule of the Kansas supreme
18       court to restrict or prohibit disclosure.
19             (2) Records which are privileged under the rules of evidence, unless
20       the holder of the privilege consents to the disclosure.
21             (3) Medical, psychiatric, psychological or alcoholism or drug depend-
22       ency treatment records which pertain to identifiable patients.
23             (4) Personnel records, performance ratings or individually identifia-
24       ble records pertaining to employees or applicants for employment, except
25       that this exemption shall not apply to the names, positions, salaries and
26       lengths of service of officers and employees of public agencies once they
27       are employed as such.
28             (5) Information which would reveal the identity of any undercover
29       agent or any informant reporting a specific violation of law.
30             (6) Letters of reference or recommendation pertaining to the char-
31       acter or qualifications of an identifiable individual.
32             (7) Library, archive and museum materials contributed by private
33       persons, to the extent of any limitations imposed as conditions of the
34       contribution.
35             (8) Information which would reveal the identity of an individual who
36       lawfully makes a donation to a public agency, if anonymity of the donor
37       is a condition of the donation.
38             (9) Testing and examination materials, before the test or examination
39       is given or if it is to be given again, or records of individual test or ex-
40       amination scores, other than records which show only passage or failure
41       and not specific scores.
42             (10) Criminal investigation records, except that the district court, in
43       an action brought pursuant to K.S.A. 45-222, and amendments thereto,

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  1       may order disclosure of such records, subject to such conditions as the
  2       court may impose, if the court finds that disclosure:
  3             (A) Is in the public interest;
  4             (B) would not interfere with any prospective law enforcement action;
  5             (C) would not reveal the identity of any confidential source or un-
  6       dercover agent;
  7             (D) would not reveal confidential investigative techniques or proce-
  8       dures not known to the general public;
  9             (E) would not endanger the life or physical safety of any person; and
10             (F) would not reveal the name, address, phone number or any other
11       information which specifically and individually identifies the victim of any
12       sexual offense in article 35 of chapter 21 of the Kansas Statutes Anno-
13       tated, and amendments thereto.
14             (11) Records of agencies involved in administrative adjudication or
15       civil litigation, compiled in the process of detecting or investigating vio-
16       lations of civil law or administrative rules and regulations, if disclosure
17       would interfere with a prospective administrative adjudication or civil
18       litigation or reveal the identity of a confidential source or undercover
19       agent.
20             (12) Records of emergency or security information or procedures of
21       a public agency, or plans, drawings, specifications or related information
22       for any building or facility which is used for purposes requiring security
23       measures in or around the building or facility or which is used for the
24       generation or transmission of power, water, fuels or communications, if
25       disclosure would jeopardize security of the public agency, building or
26       facility.
27             (13) The contents of appraisals or engineering or feasibility estimates
28       or evaluations made by or for a public agency relative to the acquisition
29       of property, prior to the award of formal contracts therefor.
30             (14) Correspondence between a public agency and a private individ-
31       ual, other than correspondence which is intended to give notice of an
32       action, policy or determination relating to any regulatory, supervisory or
33       enforcement responsibility of the public agency or which is widely dis-
34       tributed to the public by a public agency and is not specifically in response
35       to communications from such a private individual.
36             (15) Records pertaining to employer-employee negotiations, if dis-
37       closure would reveal information discussed in a lawful executive session
38       under K.S.A. 75-4319, and amendments thereto.
39             (16) Software programs for electronic data processing and documen-
40       tation thereof, but each public agency shall maintain a register, open to
41       the public, that describes:
42             (A) The information which the agency maintains on computer facil-
43       ities; and

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  1             (B) the form in which the information can be made available using
  2       existing computer programs.
  3             (17) Applications, financial statements and other information sub-
  4       mitted in connection with applications for student financial assistance
  5       where financial need is a consideration for the award.
  6             (18) Plans, designs, drawings or specifications which are prepared by
  7       a person other than an employee of a public agency or records which are
  8       the property of a private person.
  9             (19) Well samples, logs or surveys which the state corporation com-
10       mission requires to be filed by persons who have drilled or caused to be
11       drilled, or are drilling or causing to be drilled, holes for the purpose of
12       discovery or production of oil or gas, to the extent that disclosure is limited
13       by rules and regulations of the state corporation commission.
14             (20) Notes, preliminary drafts, research data in the process of anal-
15       ysis, unfunded grant proposals, memoranda, recommendations or other
16       records in which opinions are expressed or policies or actions are pro-
17       posed, except that this exemption shall not apply when such records are
18       publicly cited or identified in an open meeting or in an agenda of an open
19       meeting.
20             (21) Records of a public agency having legislative powers, which re-
21       cords pertain to proposed legislation or amendments to proposed legis-
22       lation, except that this exemption shall not apply when such records are:
23             (A) Publicly cited or identified in an open meeting or in an agenda
24       of an open meeting; or
25             (B) distributed to a majority of a quorum of any body which has au-
26       thority to take action or make recommendations to the public agency with
27       regard to the matters to which such records pertain.
28             (22) Records of a public agency having legislative powers, which re-
29       cords pertain to research prepared for one or more members of such
30       agency, except that this exemption shall not apply when such records are:
31             (A) Publicly cited or identified in an open meeting or in an agenda
32       of an open meeting; or
33             (B) distributed to a majority of a quorum of any body which has au-
34       thority to take action or make recommendations to the public agency with
35       regard to the matters to which such records pertain.
36             (23) Library patron and circulation records which pertain to identi-
37       fiable individuals.
38             (24) Records which are compiled for census or research purposes and
39       which pertain to identifiable individuals.
40             (25) Records which represent and constitute the work product of an
41       attorney.
42             (26) Records of a utility or other public service pertaining to individ-
43       ually identifiable residential customers of the utility or service, except that

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  1       information concerning billings for specific individual customers named
  2       by the requester shall be subject to disclosure as provided by this act.
  3             (27) Specifications for competitive bidding, until the specifications
  4       are officially approved by the public agency.
  5             (28) Sealed bids and related documents, until a bid is accepted or all
  6       bids rejected.
  7             (29) Correctional records pertaining to an identifiable inmate or re-
  8       lease, except that:
  9             (A) The name; photograph and other identifying information; sen-
10       tence data; parole eligibility date; custody or supervision level; disciplinary
11       record; supervision violations; conditions of supervision, excluding
12       requirements pertaining to mental health or substance abuse counseling;
13       location of facility where incarcerated or location of parole office main-
14       taining supervision and address of a releasee whose crime was committed
15       after the effective date of this act shall be subject to disclosure to any
16       person other than another inmate or releasee, except that the disclosure
17       of the location of an inmate transferred to another state pursuant to the
18       interstate corrections compact shall be at the discretion of the secretary
19       of corrections;
20             (B) the ombudsman of corrections director of advocates, the attorney
21       general, law enforcement agencies, counsel for the inmate to whom the
22       record pertains and any county or district attorney shall have access to
23       correctional records to the extent otherwise permitted by law;
24             (C) the information provided to the law enforcement agency pursu-
25       ant to the sex offender registration act, K.S.A. 22-4901, et seq., and
26       amendments thereto, shall be subject to disclosure to any person, except
27       that the name, address, telephone number or any other information which
28       specifically and individually identifies the victim of any offender required
29       to register as provided by the Kansas offender registration act, K.S.A. 22-
30       4901 et seq. and amendments thereto, shall not be disclosed; and
31             (D) records of the department of corrections regarding the financial
32       assets of an offender in the custody of the secretary of corrections shall
33       be subject to disclosure to the victim, or such victim's family, of the crime
34       for which the inmate is in custody as set forth in an order of restitution
35       by the sentencing court.
36             (30) Public records containing information of a personal nature
37       where the public disclosure thereof would constitute a clearly unwar-
38       ranted invasion of personal privacy.
39             (31) Public records pertaining to prospective location of a business
40       or industry where no previous public disclosure has been made of the
41       business' or industry's interest in locating in, relocating within or expand-
42       ing within the state. This exception shall not include those records per-
43       taining to application of agencies for permits or licenses necessary to do

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  1       business or to expand business operations within this state, except as
  2       otherwise provided by law.
  3             (32) The bidder's list of contractors who have requested bid proposals
  4       for construction projects from any public agency, until a bid is accepted
  5       or all bids rejected.
  6             (33) Engineering and architectural estimates made by or for any pub-
  7       lic agency relative to public improvements.
  8             (34) Financial information submitted by contractors in qualification
  9       statements to any public agency.
10             (35) Records involved in the obtaining and processing of intellectual
11       property rights that are expected to be, wholly or partially vested in or
12       owned by a state educational institution, as defined in K.S.A. 76-711, and
13       amendments thereto, or an assignee of the institution organized and ex-
14       isting for the benefit of the institution.
15             (36) Any report or record which is made pursuant to K.S.A. 65-4922,
16       65-4923 or 65-4924, and amendments thereto, and which is privileged
17       pursuant to K.S.A. 65-4915 or 65-4925, and amendments thereto.
18             (37) Information which would reveal the precise location of an ar-
19       cheological site.
20             (38) Any financial data or traffic information from a railroad company,
21       to a public agency, concerning the sale, lease or rehabilitation of the
22       railroad's property in Kansas.
23             (39) Risk-based capital reports, risk-based capital plans and corrective
24       orders including the working papers and the results of any analysis filed
25       with the commissioner of insurance in accordance with K.S.A. 1998 Supp.
26       40-2c20, and amendments thereto.
27             (40) Memoranda and related materials required to be used to support
28       the annual actuarial opinions submitted pursuant to subsection (b) of
29       K.S.A. 40-409, and amendments thereto.
30             (41) Disclosure reports filed with the commissioner of insurance un-
31       der subsection (a) of K.S.A. 1998 Supp. 40-2,156, and amendments
32       thereto.
33             (42) All financial analysis ratios and examination synopses concerning
34       insurance companies that are submitted to the commissioner by the na-
35       tional association of insurance commissioners' insurance regulatory infor-
36       mation system.
37             (43) Any records the disclosure of which is restricted or prohibited
38       by a tribal-state gaming compact.
39             (44) Market research, market plans, business plans and the terms and
40       conditions of managed care or other third party contracts, developed or
41       entered into by the university of Kansas medical center in the operation
42       and management of the university hospital which the chancellor of the
43       university of Kansas or the chancellor's designee determines would give

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  1       an unfair advantage to competitors of the university of Kansas medical
  2       center.
  3             (b) Except to the extent disclosure is otherwise required by law or as
  4       appropriate during the course of an administrative proceeding or on ap-
  5       peal from agency action, a public agency or officer shall not disclose fi-
  6       nancial information of a taxpayer which may be required or requested by
  7       a county appraiser or the director of property valuation to assist in the
  8       determination of the value of the taxpayer's property for ad valorem tax-
  9       ation purposes; or any financial information of a personal nature required
10       or requested by a public agency or officer, including a name, job descrip-
11       tion or title revealing the salary or other compensation of officers, em-
12       ployees or applicants for employment with a firm, corporation or agency,
13       except a public agency. Nothing contained herein shall be construed to
14       prohibit the publication of statistics, so classified as to prevent identifi-
15       cation of particular reports or returns and the items thereof.
16             (c) As used in this section, the term "cited or identified" shall not
17       include a request to an employee of a public agency that a document be
18       prepared.
19             (d) If a public record contains material which is not subject to dis-
20       closure pursuant to this act, the public agency shall separate or delete
21       such material and make available to the requester that material in the
22       public record which is subject to disclosure pursuant to this act. If a public
23       record is not subject to disclosure because it pertains to an identifiable
24       individual, the public agency shall delete the identifying portions of the
25       record and make available to the requester any remaining portions which
26       are subject to disclosure pursuant to this act, unless the request is for a
27       record pertaining to a specific individual or to such a limited group of
28       individuals that the individuals' identities are reasonably ascertainable, the
29       public agency shall not be required to disclose those portions of the record
30       which pertain to such individual or individuals.
31             (e) The provisions of this section shall not be construed to exempt
32       from public disclosure statistical information not descriptive of any iden-
33       tifiable person.
34             (f) Notwithstanding the provisions of subsection (a), any public rec-
35       ord which has been in existence more than 70 years shall be open for
36       inspection by any person unless disclosure of the record is specifically
37       prohibited or restricted by federal law, state statute or rule of the Kansas
38       supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and
39       amendments thereto.
40             Sec.  11. K.S.A. 1998 Supp. 65-3027 is hereby amended to read as
41       follows: 65-3027. (a) There is hereby created the small business stationary
42       source technical and environmental compliance assistance program, to be
43       administered by the secretary. The program shall include each of the

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  1       following:
  2             (1) Adequate mechanisms for developing, collecting and coordinating
  3       information concerning compliance methods and technologies for small
  4       business stationary sources and programs to encourage lawful cooperation
  5       among such sources and other persons to further compliance with this
  6       act.
  7             (2) Adequate mechanisms for assisting small business stationary
  8       sources with pollution prevention and accidental release detection and
  9       prevention, including providing information concerning alternative tech-
10       nologies, process changes, products and methods of operation that help
11       reduce air pollution.
12             (3) A designated office within the Kansas department of health and
13       environment, reporting directly to the secretary, to The office of advocates
14       and the director of advocates shall serve as ombudsman advocates for
15       small business stationary sources in connection with implementation of
16       this act.
17             (4) A compliance assistance program for small business stationary
18       sources which assists small business stationary sources in determining
19       applicable requirements and in receiving permits under this act in a timely
20       and efficient manner.
21             (5) Adequate mechanisms to assure that small business stationary
22       sources receive notice of their rights under this act in such manner and
23       form as to assure reasonably adequate time for such sources to evaluate
24       compliance methods and any relevant or applicable proposed or final rule
25       and regulation or standard adopted under this act.
26             (6) Adequate mechanisms for informing small business stationary
27       sources of their obligations under this act, including mechanisms for re-
28       ferring such sources to qualified auditors or for providing audits of the
29       operations of such sources to determine compliance with this act.
30             (7) Procedures for consideration of requests from a small business
31       stationary source for modification of: (A) Any work practice or techno-
32       logical method of compliance; or (B) the schedule of milestones for im-
33       plementing such work practice or method of compliance preceding any
34       applicable compliance date, based on the technological and financial ca-
35       pability of any such small business stationary source. No such modification
36       may be granted unless it is in compliance with the applicable requirement
37       of this act and rules and regulations promulgated hereunder.
38             (b) "Small business stationary source" means a stationary air contam-
39       inant emission source that:
40             (1) Is owned or operated by a person that employs 100 or fewer
41       individuals;
42             (2) is a small business concern as defined in the federal small business
43       act;

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  1             (3) is not a major stationary source;
  2             (4) does not emit 50 tons or more per year of any regulated air con-
  3       taminant; and
  4             (5) emits less than 75 tons per year of all regulated air contaminants.
  5             (c) Upon petition by a source, the secretary, after notice and oppor-
  6       tunity for public comment, may include as a small business stationary
  7       source for purposes of this section any stationary source which does not
  8       meet the criteria of subsection (b)(3), (4) or (5) but which does not emit
  9       more than 100 tons per year of all regulated air contaminants.
10             (d) The secretary may exclude from the small business stationary
11       source definition any category or subcategory of sources that the admin-
12       istrator of the United States environmental protection agency determines
13       to have sufficient technical and financial capabilities to meet the require-
14       ments of the federal clean air act without the application of this program,
15       as provided by section 507(c)(3)(A) of the 1990 amendments to the fed-
16       eral clean air act.
17             (e) The secretary, in consultation with the administrator of the United
18       States environmental protection agency and the administrator of the
19       United States small business administration and after providing notice
20       and the opportunity for public hearing, may exclude from the small busi-
21       ness stationary source definition any category or subcategory of sources
22       that the secretary determines to have sufficient technical and financial
23       capabilities to meet the requirements of the act without the application
24       of this section.
25             (f) There is hereby created a compliance advisory panel composed of
26       seven individuals. The compliance advisory panel shall:
27             (1) Render advisory opinions concerning the effectiveness of the
28       small business stationary source technical and environmental compliance
29       assistance program, difficulties encountered and degree and severity of
30       enforcement;
31             (2) make periodic reports to the administrator of the United States
32       environmental protection agency concerning compliance of the small
33       business stationary source technical and environmental compliance assis-
34       tance program with the requirements of the federal paperwork reduction
35       act, the regulatory flexibility act and the equal access to justice act;
36             (3) review information for small business stationary sources to assure
37       such information is understandable by the layperson; and
38             (4) have the small business stationary source technical and environ-
39       mental compliance assistance program serve as the secretariat for the
40       development and dissemination of such reports and advisory opinions.
41             (g) The compliance advisory panel shall consist of:
42             (1) Two members who are not owners, or representatives of owners,
43       of small business stationary sources, appointed by the governor to rep-

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  1       resent the general public;
  2             (2) two members who are owners, or who represent owners, of small
  3       business stationary sources, one appointed by the speaker and one ap-
  4       pointed by the minority leader of the Kansas house of representatives;
  5             (3) two members who are owners, or who represent owners, of small
  6       business stationary sources, one appointed by the president and one ap-
  7       pointed by the minority leader of the Kansas senate; and
  8             (4) one member appointed by the secretary to represent the depart-
  9       ment of health and environment.
10             (h) Members of the compliance advisory panel serving on the effec-
11       tive date of this act by appointment by the governor, the speaker of the
12       house of representatives or the president of the senate shall serve for
13       terms ending June 30, 1998; members serving on the effective date of
14       this act by appointment by the minority leader of the house of represen-
15       tatives, the minority leader of the senate or the secretary of health and
16       environment shall serve for terms ending June 30, 1997. Upon expiration
17       of such terms, the term of each member appointed to a vacancy created
18       by expiration of a term shall be two years commencing on July 1 imme-
19       diately following expiration of the term of the member's predecessor. Any
20       vacancy occurring on the panel shall be filled for the unexpired term by
21       appointment by the original appointing authority.
22             (i) A chairperson shall be elected annually by the members of the
23       compliance advisory panel. A vice-chairperson shall be designated by the
24       chairperson to serve in the absence of the chairperson.
25             (j) The secretary may reduce any fee required by this act for any
26       classification of small business sources to take into account the financial
27       resources of such classification.
28             Sec.  12. K.S.A. 74-7403 is hereby amended to read as follows: 74-
29       7403. The governor shall appoint an ombudsman of corrections who shall
30       serve at the pleasure of the governor. The compensation paid to the om-
31       budsman shall be fixed by the governor. The secretary of administration
32       shall provide the ombudsman with office space at Topeka. The ombuds-
33       man may appoint such employees as may be necessary to carry out the
34       duties of the office of ombudsman of corrections and as are within avail-
35       able appropriations. Clerical positions shall be in the classified service
36       under the Kansas civil service act and all other employees shall be in the
37       unclassified service under the Kansas civil service act. Any misfeasance
38       or discrepancy in administration or any unreasonable treatment of in-
39       mates in the custody of the secretary of corrections or inmates housed by
40       any entity under contract with the secretary of corrections which the
41       ombudsman director of advocates discovers or the inmates bring to the
42       attention of the ombudsman director of advocates shall be brought to the
43       attention of the secretary of corrections and shall be made known in

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  1       periodic reports and in an annual report issued by the ombudsman di-
  2       rector of advocates. The ombudsman director of advocates shall forward
  3       complaints and grievances directly to the secretary of corrections for con-
  4       sideration by the secretary.
  5             Sec.  13. K.S.A. 74-7404 is hereby amended to read as follows: 74-
  6       7404. (a) The ombudsman of corrections director of advocates may enter
  7       and inspect at any reasonable time any premises under the control of the
  8       secretary of corrections or under the control of any entity housing inmates
  9       under contract with the secretary of corrections and may delegate that
10       authority in writing to any employee of the office of advocates acting as
11       an ombudsman advocate.
12             (b) If the ombudsman of corrections director of advocates or any
13       employee of the office of advocates acting as an ombudsman advocate
14       who has been delegated in writing the authority granted under subsection
15       (a) is denied access to any premises under the control of the secretary of
16       corrections, the secretary or the secretary's designee, within 24 hours
17       after the denial, shall give the ombudsman director of advocates a written
18       statement of the reason for the denial of access.
19             Sec.  14. K.S.A. 74-7405a is hereby amended to read as follows: 74-
20       7405a. Records of the office of the ombudsman of corrections or of the
21       corrections ombudsman board advocates which relate to complaints by
22       correctional inmates or employees shall not be disclosed directly or in-
23       directly to any person except as authorized by the ombudsman of correc-
24       tions or by a majority vote of the corrections ombudsman board director
25       of advocates.
26             Sec.  15. K.S.A. 74-7406 is hereby amended to read as follows: 74-
27       7406. No documents relating to complaints, investigations or studies in
28       the possession of the ombudsman of corrections director of advocates or
29       any employee of the ombudsman office of advocates shall be read, copied
30       or taken by any officer or employee of the department of corrections
31       except as authorized by the ombudsman director of advocates or the em-
32       ployee of the ombudsman office of advocates.
33             Sec.  16. K.S.A. 74-7407 is hereby amended to read as follows: 74-
34       7407. In administering the provisions of this act, the ombudsman of cor-
35       rections director of advocates is hereby authorized to administer oaths as
36       specified by rules and regulations of the corrections ombudsman board
37       and may delegate such authority in writing to any ombudsman associate
38       employee of the office of advocates.
39             Sec.  17. K.S.A. 1998 Supp. 75-5908 is hereby amended to read as
40       follows: 75-5908. In addition to powers and duties otherwise provided by
41       law, the secretary shall have the following powers and duties:
42             (a) To evaluate all programs, services and facilities for the aged within
43       the state and determine the extent to which present public or private

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  1       programs, services and facilities meet the needs of the aged.
  2             (b) To evaluate and coordinate all programs, services and facilities for
  3       the aging presently furnished by state and federal agencies, and make
  4       appropriate recommendations regarding such services, programs and fa-
  5       cilities to the governor and the legislature.
  6             (c) To function as the sole state agency to develop a comprehensive
  7       plan to meet the needs of the state's senior citizens.
  8             (d) To receive and disburse federal funds made available directly to
  9       the department, including those funds made available under the federal
10       older Americans act of 1965, 42 U.S.C. 3001 et seq., and any amendments
11       thereto, for providing services for senior citizens or for purposes related
12       thereto and to develop and administer any state plan for the aging re-
13       quired by federal law.
14             (e) To solicit, accept, hold and administer in behalf of the state any
15       grants, devises or bequests of money, securities or property to the state
16       of Kansas for services to senior citizens or purposes related thereto.
17             (f) To provide consultation and assistance to communities and groups
18       developing local and area services for senior citizens.
19             (g) To promote community education regarding the problems of sen-
20       ior citizens through institutes, publications, radio, television and the press.
21             (h) To cooperate with agencies of the federal government in studies
22       and conferences designed to examine the needs of senior citizens and to
23       prepare programs and facilities to meet those needs.
24             (i) To establish and maintain information and referral sources
25       throughout the state in conjunction with other agencies.
26             (j) To provide such staff support as may reasonably be required by
27       the council.
28             (k) To establish state policies for the administration of the depart-
29       ment; for the disbursement of federal older Americans act funds within
30       the state; and for state administration of federal older Americans act pro-
31       grams consistent with relevant federal law, rules and regulations, policies
32       and procedures.
33             (l) To keep informed of the latest developments of research, studies
34       and programs being conducted nationally and internationally on problems
35       and needs of aging.
36             (m) To adopt such rules and regulations as may be necessary to ad-
37       minister the provisions of article 59 of chapter 75 of the Kansas Statutes
38       Annotated and acts amendatory thereof and supplemental thereto.
39             (n) To lend surplus state property under the authority of the depart-
40       ment on aging to area agencies on aging or to the state long-term care
41       ombudsman director of advocates to help them the director of advocates
42       perform duties required under state and federal programs administered
43       by the department on aging.

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  1             (o) To enter into any contract or agreement which the secretary finds
  2       necessary to perform the powers, duties and functions of the secretary or
  3       the department.
  4             Sec.  18. K.S.A. 1998 Supp. 75-5914 is hereby amended to read as
  5       follows: 75-5914. The advisory council on aging shall have the following
  6       powers and duties:
  7             (a) Provide advocacy for the aging in the affairs of the department,
  8       the governor's office and other public and private, state and local agencies
  9       affecting the aging;
10             (b) review and comment upon reports of the department to the gov-
11       ernor and the legislature;
12             (c) prepare and submit to the governor, the legislature and the sec-
13       retary an annual report evaluating the level and quality of all programs,
14       services and facilities provided to the aging by state agencies;
15             (d) review and comment upon the comprehensive state plan pre-
16       pared by the department;
17             (e) review and comment upon disbursements by the department of
18       public funds to public and private agencies;
19             (f) recommend candidates to the governor for appointment as sec-
20       retary of aging for the department on aging;
21             (g) consult with the secretary regarding the operations of the
22       department;
23             (h) serve as the advisory committee to the governor and the depart-
24       ment on aging as required and defined in the rules and regulations, part
25       903.50(c), issued under the federal older Americans act of 1965 (public
26       law 89-73) and amendments thereto;
27             (i) review and comment to the state long-term care ombudsman di-
28       rector of advocates upon the policies and procedures of the office of long-
29       term care ombudsman advocates relating to the performance of duties
30       required under state and federal programs administered by the depart-
31       ment on aging; and
32             (j) consult with the state long-term care ombudsman director of ad-
33       vocates regarding needs for ombudsman advocate services for aged Kan-
34       sas residents.
35             Sec.  19. K.S.A. 1998 Supp. 75-7302 is hereby amended to read as
36       follows: 75-7302. (a) The secretary of aging and the state long-term care
37       ombudsman director of advocates shall enter into agreements for the
38       provision of financial assistance to the office by the department on aging
39       from available state and federal funds of the department on aging. This
40       financial assistance shall be to assist the office of the state long-term care
41       ombudsman advocates to provide ombudsman advocate services in ac-
42       cordance with the long-term care ombudsman advocates act, applicable
43       federal programs and the provisions of this section.

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  1             (b) Subject to the provisions of appropriation acts, the secretary of
  2       aging and the department on aging shall continue to provide financial
  3       assistance for the office of the state long-term care ombudsman advocates
  4       in an aggregate amount of not less than the aggregate of the amounts
  5       provided during the fiscal year ending June 30, 1998, to the office of the
  6       state long-term care ombudsman, appropriately adjusted for increases at-
  7       tributable to inflation and other applicable factors.
  8             (c) For the fiscal year ending June 30, 2000, and for each fiscal year
  9       thereafter, the secretary of aging shall include in the budget estimate
10       prepared and submitted to the division of the budget for the department
11       on aging under K.S.A. 75-3717 and amendments thereto, in addition to
12       other amounts included in such budget estimate for the department on
13       aging, amounts to be provided to the office of the state long-term care
14       ombudsman advocates during such fiscal year pursuant to this section.
15       The amounts included in each such budget estimate to be provided to
16       the office of the state long-term care ombudsman advocates shall include
17       amounts to be appropriated from moneys provided to the department on
18       aging under the federal older Americans act, 42 U.S.C. 3001 et seq., and
19       amendments thereto, or other federal programs for the aging or from
20       other moneys of the department on aging. In no case shall the aggregate
21       of the amounts included in any such budget estimate of the department
22       on aging, that are to be provided to the office of the state long-term care
23       ombudsman advocates, be less than the aggregate of all moneys provided
24       during the fiscal year ending June 30, 1998, by the department on aging
25       for the office of the state long-term care ombudsman from appropriations
26       to the department on aging, including moneys received under the federal
27       older Americans act, 42 U.S.C. 3001 et seq., and amendments thereto, or
28       under any other federal programs for the aging. The aggregate amounts
29       included in each such budget estimate of the department on aging, that
30       are to be provided to the office of the state long-term care ombudsman
31       advocates, shall be adjusted appropriately for increases attributable to
32       inflation and other applicable factors.
33             Sec.  20. K.S.A. 1998 Supp. 75-7303 is hereby amended to read as
34       follows: 75-7303. As used in the long-term care ombudsman advocates
35       act:
36             (a) "Ombudsman Advocate" means the state long-term care om-
37       budsman director of advocates, any regional long-term care ombudsman
38       advocate or any individual designated as an ombudsman advocate under
39       subsection (h) of K.S.A. 1998 Supp. 75-7306 and amendments thereto
40       who has received the training required under subsection (f) of K.S.A.
41       1998 Supp. 75-7306 and amendments thereto and who has been desig-
42       nated by the state long-term care ombudsman director of advocates to
43       carry out the powers, duties and functions of the office of the state ad-

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  1       vocates which relate to long-term care ombudsman.
  2             (b) "Volunteer ombudsman advocate" means an individual who has
  3       satisfactorily completed the training prescribed by the state long-term
  4       care ombudsman director of advocates under subsection (f) of K.S.A.
  5       1998 Supp. 75-7306 and amendments thereto, who is a volunteer assisting
  6       in providing ombudsman advocate services and who receives no payment
  7       for such service other than reimbursement for expenses incurred in ac-
  8       cordance with guidelines adopted therefor by the state long-term care
  9       ombudsman director of advocates.
10             (c) "Facility" means an adult care home as such term is defined in
11       K.S.A. 39-923 and amendments thereto, except that facility does not in-
12       clude any nursing facility for mental health or any intermediate care fa-
13       cility for the mentally retarded, as such terms are defined in K.S.A. 39-
14       923 and amendments thereto.
15             (d) "Resident" means a resident as such term is defined in K.S.A. 39-
16       923 and amendments thereto.
17             (e) "State long-term care ombudsman Director of advocates" means
18       the individual appointed by the governor to administer the office of the
19       state long-term care ombudsman under section 1 and amendments
20       thereto.
21             (f) "Regional long-term care ombudsman advocate" means an indi-
22       vidual appointed by the state long-term care ombudsman director of ad-
23       vocates under K.S.A. 1998 Supp. 75-7304 and amendments thereto.
24             (g) "Office" means the office of the state long-term care ombudsman
25       advocates.
26             (h) "Conflict of interest" means (1) having a pecuniary or other in-
27       terest in a facility, but not including interests that result only from having
28       a relative who is a resident or from being the guardian of a resident, (2)
29       being actively employed or otherwise having active involvement in rep-
30       resentation of or advocacy for any facility or group of facilities, whether
31       or not such representation or advocacy is individual or through an asso-
32       ciation or other entity, but not including any such active involvement that
33       results only from having a relative who is a resident or from being the
34       guardian of a resident, or (3) being employed by or having an active
35       association with any entity that represents any resident or group of resi-
36       dents, including any area agency on aging, but not including any such
37       active association that results only from having a relative who is a resident
38       or from being the guardian of a resident.
39             Sec.  21. K.S.A. 1998 Supp. 75-7304 is hereby amended to read as
40       follows: 75-7304. (a) On the effective date of this act, the office of the
41       state long-term care ombudsman in existence on the day preceding such
42       effective date is hereby abolished and there is hereby established the
43       office of the state long-term care ombudsman, the head of which shall be

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  1       the state long-term care ombudsman. In performance of the powers, du-
  2       ties and functions prescribed by law, the office shall be an independent
  3       state agency. The state long-term care ombudsman shall be appointed by
  4       the governor, subject to confirmation by the senate as provided in K.S.A.
  5       75-4315b and amendments thereto. The term of office of the first person
  6       appointed as the state long-term care ombudsman on or after the effective
  7       date of this act shall expire on January 15, 2000, and such state long-term
  8       care ombudsman shall serve until a successor is appointed and confirmed.
  9       Thereafter, each person appointed as the state long-term care ombuds-
10       man shall have a term of office of four years and shall serve until a suc-
11       cessor is appointed and confirmed. (b) The long-term care ombudsman
12       director of advocates shall appoint each regional long-term care ombuds-
13       man and all officers and employees of the office of state long-term care
14       ombudsman advocate. Each regional long-term care ombudsman and all
15       such officers and employees shall be within the classified service under
16       the Kansas civil service act.
17             (c) (b) In accordance with the provisions of this act, the state long-
18       term care ombudsman director of advocates shall administer the office of
19       the state long-term care ombudsman this act.
20             (d) (c) In addition to any other qualifications provided by law, no
21       person shall be eligible to be appointed to, or to hold, the office of state
22       long-term care ombudsman director of advocates if such person is subject
23       to a conflict of interest. No person shall be eligible for appointment as
24       the state long-term care ombudsman director of advocates unless such
25       person has:
26             (1) A baccalaureate or higher degree from an accredited college or
27       university;
28             (2) demonstrated abilities to analyze problems of law, administration
29       and public policy; and
30             (3) experience in investigation and conflict resolution procedures.
31             (e)  (1) On the effective date of this act, all of the powers, duties,
32       functions, records and property of the office of the state long-term care
33       ombudsman abolished by this section, which are prescribed for the office
34       of the state long-term care ombudsman by this act, are hereby transferred
35       to and conferred and imposed upon the office of the state long-term care
36       ombudsman that is established by this section, except as is otherwise
37       specifically provided by this act. On the effective date of this act, all of
38       the powers, duties, functions, records and property of the secretary of
39       aging or the department on aging, which relate to or are required for the
40       performance of powers, duties or functions which are prescribed for the
41       office of the state long-term care ombudsman or the state long-term care
42       ombudsman by this act, including the power to expend funds now or
43       hereafter made available in accordance with appropriation acts, are

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  1       hereby transferred to and conferred and imposed upon the office of the
  2       state long-term care ombudsman and the state long-term care ombuds-
  3       man that are established by this section, except as is otherwise specifically
  4       provided by this act.
  5             (2) The office of the state long-term care ombudsman established by
  6       this section shall be the successor in every way to the powers, duties and
  7       functions of the office of the state long-term care ombudsman, the sec-
  8       retary of aging, or the department on aging in which such powers, duties
  9       and functions were vested prior to the effective date of this act, except
10       as otherwise specifically provided by this act. Every act performed under
11       the authority of the office of the state long-term care ombudsman estab-
12       lished by this act shall be deemed to have the same force and effect as if
13       performed by the office of the state long-term care ombudsman, the
14       secretary of aging or the department on aging in which such powers,
15       duties and functions were vested prior to the effective date of this act.
16             (3) Subject to the provisions of this act, whenever the office of the
17       state long-term care ombudsman that is abolished by this act or the sec-
18       retary on aging or the department on aging, or words of like effect, is
19       referred to or designated by a statute, contract, or other document, and
20       such reference or designation relates to a power, duty or function which
21       is transferred to and conferred and imposed upon the office of the state
22       long-term care ombudsman that is established by this act, such reference
23       or designation shall be deemed to apply to the office of the state long-
24       term care ombudsman established by this act.
25             (4) All policies, orders or directives of the office of the state long-
26       term care ombudsman that is abolished by this act and all policies, orders
27       or directives of the secretary of aging, which are in existence on the ef-
28       fective date of this act and which relate to powers, duties and functions
29       that were vested in such office of the state long-term care ombudsman
30       or the secretary of aging prior to such date, shall continue to be effective
31       and shall be deemed to be the policies, orders or directives of the state
32       long-term care ombudsman established by this act, until revised,
33       amended or revoked or nullified pursuant to law. The office of the state
34       long-term care ombudsman established by this act shall be deemed to be
35       a continuation of the office of the state long-term care ombudsman abol-
36       ished by this act.
37             (5)  (A) The state long-term care ombudsman and the secretary of
38       administration shall provide that all officers and employees of the de-
39       partment on aging, who are engaged in the exercise and performance of
40       the powers, duties and functions of the programs of the office of the state
41       long-term care ombudsman that are transferred by this act, are trans-
42       ferred to the office of the state long-term care ombudsman established
43       by this section.

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  1             (B) Officers and employees of the department on aging transferred
  2       under this act shall retain all retirement benefits and leave rights which
  3       had accrued or vested prior to each date of transfer. The service of each
  4       officer or employee so transferred shall be deemed to be continuous. All
  5       transfers, layoffs and abolition of classified service positions under the
  6       Kansas civil service act which may result from program transfers under
  7       this act shall be made in accordance with the civil service laws and any
  8       rules and regulations adopted thereunder. Nothing in this act shall affect
  9       the classified status of any transferred person employed by the depart-
10       ment on aging prior to the date of transfer.
11             (C) If the state long-term care ombudsman and the secretary of aging
12       cannot agree as to how any transfer of an officer or employee is to take
13       place under this section, the state long-term care ombudsman and the
14       secretary of administration shall be responsible for administering any lay-
15       off that is part of the transfer in accordance with this act.
16             (D) Notwithstanding the effective date of this act, the provisions of
17       this act prescribing the transfer of officers and employees between the
18       office of the state long-term care ombudsman established by this section
19       and the department on aging, the date of transfer of each such officer or
20       employee shall commence at the start of a payroll period.
21             Sec.  22. K.S.A. 1998 Supp. 75-7305 is hereby amended to read as
22       follows: 75-7305. (a) The state long-term care ombudsman director of
23       advocates shall ensure that:
24             (1) No individual involved in the authorization of any individual to
25       represent the office as an ombudsman advocate or a volunteer ombuds-
26       man advocate is subject to a conflict of interest;
27             (2) no officer, employee or other representative of the office is sub-
28       ject to a conflict of interest;
29             (3) policies and procedures are in place to identify and remedy all
30       conflicts of interest specified under paragraphs (1) and (2);
31             (4) legal counsel is available to the office for advice and consultation
32       and that legal representation is provided to any ombudsman advocate
33       against whom suit or other legal action is brought in connection with the
34       performance of the ombudsman's advocate's official duties; and
35             (5) the office has the ability to pursue administrative, legal and other
36       appropriate remedies on behalf of residents of facilities.
37             (b) The state long-term care ombudsman director of advocates may
38       enter into contracts with service providers to provide investigative, legal,
39       public education, training or other services as may be required to assist
40       the state long-term care ombudsman director of advocates in providing
41       ombudsman advocate services to residents of facilities or as otherwise
42       required to carry out the powers, duties and functions of the office in
43       providing long-term care advocacy. Contracts entered into under this

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  1       subsection shall not be subject to the competitive bidding requirements
  2       of K.S.A. 75-3739 and amendments thereto. No contract may be entered
  3       into by the state long-term care ombudsman director of advocates to
  4       privatize the office or to otherwise provide that all or substantially all of
  5       the ombudsman services or functions of the office are to be performed
  6       by one or more service providers.
  7             (c) For the purposes of carrying out the powers and duties of the
  8       office of the state long-term care ombudsman advocates, the state long-
  9       term care ombudsman director of advocates may request and accept a
10       grant or donation from any person, firm, association or corporation or
11       from any federal, state or local governmental agency and may enter into
12       contracts or other transactions with any such person or entity in connec-
13       tion with the grant or donation.
14             Sec.  23. K.S.A. 1998 Supp. 75-7306 is hereby amended to read as
15       follows: 75-7306. The state long-term care ombudsman director of ad-
16       vocates shall be an advocate of residents in facilities throughout the state.
17       The state long-term care ombudsman director of advocates shall:
18             (a) Investigate and resolve complaints made by or on behalf of the
19       residents relating to action, inaction or decisions of facilities or the rep-
20       resentatives of facilities, or both, except that all complaints of abuse, ne-
21       glect or exploitation of a resident shall be referred to the secretary of
22       health and environment in accordance with provisions of K.S.A. 39-1401
23       et seq. and amendments thereto;
24             (b) develop continuing programs to inform residents, their family
25       members or other persons responsible for residents regarding the rights
26       and responsibilities of residents and such other persons;
27             (c) provide the legislature and the governor with an annual report
28       containing data, findings and outcomes regarding the types of problems
29       experienced and complaints received by or on behalf of residents and
30       containing policy, regulatory and legislative recommendations to solve
31       such problems, resolve such complaints and improve the quality of care
32       and life in facilities and shall present such report and other appropriate
33       information and recommendations to the senate committee on public
34       health and welfare, the senate committee on ways and means, the house
35       of representatives committee on health and human services and the house
36       of representatives committee on appropriations during each regular ses-
37       sion of the legislature;
38             (d) analyze and monitor the development and implementation of fed-
39       eral, state and local government laws, rules and regulations, resolutions,
40       ordinances and policies with respect to long-term care facilities and serv-
41       ices provided in this state, and recommend any changes in such laws,
42       regulations, resolutions, ordinances and policies deemed by the office to
43       be appropriate;

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  1             (e) provide information and recommendations directly to news media
  2       representatives, public agencies, legislators and others, as deemed nec-
  3       essary by the office, regarding the problems and concerns of residents in
  4       facilities, including recommendations related thereto, except that the
  5       state long-term care ombudsman director of advocates shall give the in-
  6       formation or recommendations to any directly affected parties or their
  7       representatives before providing such information or recommendations
  8       to news media representatives;
  9             (f) prescribe and provide for the training of each regional long-term
10       care ombudsman advocate and any individual designated as an ombuds-
11       man advocate under subsection (h) of this section, and any individual who
12       is an ombudsman advocate volunteer in (1) federal, state and local laws,
13       rules and regulations, resolutions, ordinances and policies with respect to
14       facilities located in Kansas, (2) investigative techniques, and (3) such other
15       matters as the state long-term care ombudsman director of advocates
16       deems appropriate;
17             (g) coordinate ombudsman advocate services provided by the office
18       with the protection and advocacy systems for individuals with develop-
19       mental disabilities and mental illness established under part A of the
20       federal developmental disabilities assistance and bill of rights act, 42
21       U.S.C.A. 6001 et seq., and under the federal protection and advocacy for
22       mentally ill individuals act of 1986, public law 99-316;
23             (h) authorize an individual, who is an employee of the office and who
24       has satisfactorily completed the training prescribed by the state long-term
25       care ombudsman director of advocates under subsection (f), to be an
26       ombudsman advocate or a volunteer ombudsman advocate and to be a
27       representative of the office and such an authorized individual shall be
28       deemed to be a representative of the office for the purposes of and subject
29       to the provisions of the long-term care ombudsman advocates act;
30             (i) establish and maintain a system to recruit and train individuals to
31       become volunteer ombudsmen advocates;
32             (j) develop and implement procedures for authorizing and for with-
33       drawing the authorization of individuals to be ombudsmen advocates or
34       volunteer ombudsmen advocates to represent the office in providing om-
35       budsmen advocate services;
36             (k) provide services to residents of facilities throughout the state di-
37       rectly or through service providers to meet needs for ombudsmen ad-
38       vocate services;
39             (l) collaborate with the department of health and environment and
40       the department of social and rehabilitation services to establish a state-
41       wide system to collect and analyze information on complaints and con-
42       ditions in facilities; and
43             (m) perform such other duties and functions as may be provided by

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  1       law.
  2             Sec.  24. K.S.A. 1998 Supp. 75-7307 is hereby amended to read as
  3       follows: 75-7307. No individual shall investigate any complaint filed with
  4       the office of the state long-term care ombudsman director of advocates
  5       unless the individual has received the training required under subsection
  6       (f) of K.S.A. 1998 Supp. 75-7306 and amendments thereto and has been
  7       designated by the state long-term care ombudsman director of advocates
  8       as an ombudsman advocate or a voluntary ombudsman advocate qualified
  9       to investigate such complaints.
10             Sec.  25. K.S.A. 1998 Supp. 75-7308 is hereby amended to read as
11       follows: 75-7308. (a) An ombudsman advocate or a volunteer ombudsman
12       advocate is hereby authorized to enter any facility and any area within
13       such facility at any time with or without prior notice and shall have access
14       to the residents of a facility at all times.
15             (b) An ombudsman advocate or a volunteer ombudsman advocate
16       shall notify immediately the person in charge of a facility upon arrival and
17       shall present appropriate identification.
18             (c) Residents shall have the right to request, deny or terminate visits
19       with an ombudsman advocate or a volunteer ombudsman advocate.
20             Sec.  26. K.S.A. 1998 Supp. 75-7309 is hereby amended to read as
21       follows: 75-7309. (a) With the consent of the resident of the facility,
22       guardian of the resident or next of kin of a deceased resident, an om-
23       budsman advocate shall have access to all records and documents kept
24       for or concerning the resident.
25             (b) An ombudsman advocate shall have access to all records and doc-
26       uments kept for or concerning a resident (1) in any case in which the
27       resident is unable to consent and has no guardian, and (2) in a case in
28       which (A) access to the records and documents is necessary to investigate
29       a complaint, (B) the resident is unable to consent and the guardian of the
30       resident refuses to give permission for such access, (C) the investigating
31       ombudsman advocate has reasonable cause to believe that the guardian
32       is not acting in the best interests of the resident, and (D) the state long-
33       term care ombudsman director of advocates has approved such access by
34       the investigating ombudsman advocate.
35             (c) In addition, in assisting a resident of a facility, an ombudsman
36       advocate shall have access to all records and documents of the facility
37       which are relevant to such assistance to the extent necessary to carry out
38       the provisions of the long-term care ombudsman advocates act.
39             (d) A volunteer ombudsman advocate shall have access to the plan of
40       care and other records or documents kept for or concerning the resident
41       to the same extent and under the same circumstances as an ombudsman
42       advocate under this section, except that a volunteer ombudsman advocate
43       shall not have access to any such other records and documents that are

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  1       privileged medical records.
  2             Sec.  27. K.S.A. 1998 Supp. 75-7310 is hereby amended to read as
  3       follows: 75-7310. All information, records and reports received by or de-
  4       veloped by an ombudsman advocate or a volunteer ombudsman advocate
  5       which relate to a resident of a facility, including written material identi-
  6       fying a resident or other complainant, are confidential and not subject to
  7       the provisions of K.S.A. 45-201 to 45-203, inclusive, and amendments
  8       thereto, and shall not be disclosed or released by an ombudsman advocate
  9       or a volunteer ombudsman advocate, either by name of the resident or
10       other complainant or of facts which allow the identity of the resident or
11       other complainant to be inferred, except upon the order of a court or
12       unless the resident or the resident's legal representative or other com-
13       plainant consents in writing to such disclosure or release by an ombuds-
14       man advocate or a volunteer ombudsman advocate, except the state long-
15       term care ombudsman director of advocates shall forward to the secretary
16       of health and environment and the secretary of social and rehabilitation
17       services copies of reports received by the state long-term care ombuds-
18       man director of advocates relating to the health and safety of residents
19       and except as provided in subsection (a) of K.S.A. 1998 Supp. 75-7306
20       and amendments thereto. A summary report and findings shall be for-
21       warded to the facility, exclusive of information or material that identifies
22       residents or any other individuals.
23             Sec.  28. K.S.A. 1998 Supp. 75-7311 is hereby amended to read as
24       follows: 75-7311. An ombudsman advocate shall have access to all records
25       and documents kept by the department of health and environment, the
26       department of social and rehabilitation services and the department on
27       aging which relate to facilities and concern the following matters: (a)
28       Licensure of facilities; (b) certification of facilities; (c) public funding
29       reimbursement for care of residents of facilities; (d) utilization and med-
30       ical review records; and (e) complaints regarding care of residents of
31       facilities. The provisions of this sections shall not apply to a volunteer
32       ombudsman advocate.
33             Sec.  29. K.S.A. 1998 Supp. 75-7312 is hereby amended to read as
34       follows: 75-7312. No ombudsman advocate or volunteer ombudsman ad-
35       vocate shall be liable for the good faith performance of official duties.
36             Sec.  30. K.S.A. 1998 Supp. 75-7313 is hereby amended to read as
37       follows: 75-7313. (a) No person shall willfully interfere with any lawful
38       action or activity of an ombudsman advocate or a volunteer ombudsman
39       advocate, including the request for immediate entry into a facility.
40             (b) No person shall take any discriminatory, disciplinary or retaliatory
41       action against any officer or employee of a facility or against any resident
42       or any guardian or family member thereof for any communication by any
43       such individual with an ombudsman advocate or a volunteer ombudsman

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  1       advocate or for any information given or disclosed by such individual in
  2       good faith to aid the office in carrying out its duties and responsibilities.
  3             (c) Any person that violates the provisions of subsection (a) or the
  4       provisions of subsection (b) shall be guilty of a class C misdemeanor.
  5             Sec.  31. K.S.A. 1998 Supp. 75-7314 is hereby amended to read as
  6       follows: 75-7314. The provisions of K.S.A. 1998 Supp. 75-7301 through
  7       75-7314 and amendments thereto shall be known and may be cited as
  8       the long-term care ombudsman advocates act. 
  9       Sec.  32. K.S.A. 39-1406, 74-7402, 74-7403, 74-7404, 74-7405a, 74-
10       7406 and 74-7407 and K.S.A. 1998 Supp. 45-221, 65-3027, 75-5908, 75-
11       5914, 75-7301, 75-7302, 75-7303, 75-7304, 75-7305, 75-7306, 75-7307,
12       75-7308, 75-7309, 75-7310, 75-7311, 75-7312, 75-7313 and 75-7314 are
13       hereby repealed.
14         Sec.  33. This act shall take effect and be in force from and after its
15       publication in the statute book.