Session of 1999
         
Substitute for HOUSE BILL No. 2077
         
By Committee on Governmental Organization and Elections
         
3-10
         

  9             AN  ACT abolishing the department of health and environment; abolish-
10             ing the division of health and the division of environment; creating the
11             department of health and the department of environment; providing
12             for the powers, duties and functions thereof; also repealing K.S.A. 75-
13             5601, 75-5602, 75-5603, 75-5604, 75-5605, 75-5606, 75-5607, 75-5608,
14             75-5609, 75-5610, 75-5610a, 75-5611, 75-5611a, 75-5612, 75-5613, 75-
15             5616, 75-5617, 75-5618, 75-5619, 75-5620, 75-5621, 75-5622, 75-5623,
16             75-5624, 75-5625, section 30 of this act and K.S.A. 1998 Supp. 74-
17             72,102.
18      
19       Be it enacted by the Legislature of the State of Kansas:
20             Section  1. (a) In order to reorganize the administration and regula-
21       tion of the state's policies related to public health, there is hereby estab-
22       lished within the executive branch of government, the Kansas department
23       of health.
24             (b) The provisions of the Kansas governmental operations accounta-
25       bility law shall apply to the Kansas department of health, and the de-
26       partment is subject to audit, review and evaluation under such law.
27             (c) The provisions of this section shall be effective on and after Oc-
28       tober 1, 1999.
29             Sec.  2. (a) The Kansas department of health shall be administered
30       under the direction and supervision of the secretary of health, who shall
31       be appointed by the governor subject to confirmation by the senate as
32       provided in K.S.A. 75-4315b, and amendments thereto. The secretary
33       shall serve at the pleasure of the governor. The secretary of health shall
34       be in the unclassified service under the Kansas civil service act and shall
35       receive an annual salary fixed by the governor.
36             (b) The provisions of the Kansas governmental operations accounta-
37       bility law shall apply to the office of secretary of health, and the office is
38       subject to audit, review and evaluation under such law.
39             (c) The provisions of this section shall be effective on and after Oc-
40       tober 1, 1999.
41             Sec.  3. (a) The secretary of health may appoint assistant secretaries,
42       a chief attorney and other staff attorneys who shall serve at the pleasure
43       of the secretary. The assistant secretaries, chief attorney and staff attor-
44       neys shall be in the unclassified service under the Kansas civil service act
45       and shall receive annual salaries fixed by the secretary and approved by
46       the governor. The secretary of health also may appoint such other staff
47       assistants and employees necessary to enable the secretary to carry out
48       the duties of the office. Such other staff assistants and employees shall
49       be in the classified service under the Kansas civil service act. Assistant
50       secretaries, other staff assistants and employees shall have powers, duties
51       and functions as are assigned to them by the secretary or as prescribed
52       by law. The assistant secretaries, staff assistants and employees shall act
53       for and exercise the powers of the secretary of health to the extent au-
54       thority to do so is delegated by the secretary of health as provided by law.
55       The secretary of health may appoint one public information officer, one
56       personal secretary and one special assistant who shall be in the unclassi-
57       fied service under the Kansas civil service act and shall receive compen-
58       sation fixed by the secretary of health and approved by the governor.
59             (b) The provisions of this section shall be effective on and after Oc-
60       tober 1, 1999.
61             Sec.  4. (a) All employees of the department of health and environ-
62       ment as it existed prior to October 1, 1999, in the health officer II job
63       class and all employees of the department of health created pursuant to
64       this act in the health officer II job class, or any successor job class that
65       may be approved under K.S.A. 75-2938, and amendments thereto, which
66       has substantially the same duties and responsibilities shall be in the un-
67       classified service under the Kansas civil service act.
68             (b) The provisions of this section shall be effective on and after Oc-
69       tober 1, 1999.
70             Sec.  5. (a) The secretary of health may create advisory committees.
71       Members of such advisory committees shall receive compensation in an
72       amount determined by the secretary and approved by the finance council.
73             (b) The provisions of this section shall be effective on and after Oc-
74       tober 1, 1999.
75             Sec.  6. (a) The secretary of health shall adopt all general policies and
76       rules and regulations relating to all forms of health which are adminis-
77       tered or supervised by or under the department of health.
78             (b) The provisions of this section shall be effective on and after Oc-
79       tober 1, 1999.
80             Sec.  7. (a) Except as otherwise provided by law, the secretary of
81       health shall have the legal custody of all records, memoranda, writings,
82       entries, prints, representations or combinations thereof, of any action,
83       transaction, occurrence or event of the department of health.
84             (b) The provisions of this section shall be effective on and after Oc-
85       tober 1, 1999.
86             Sec.  8. (a) The secretary of health may contract for the services of
87       persons who are not officers or employees of the department of health
88       to act as hearing officers on behalf of the secretary of health in conducting
89       hearings authorized by law to be conducted by a hearing officer desig-
90       nated by the secretary. Compensation for a person employed as a hearing
91       officer pursuant to a contract under this section shall be fixed by the
92       provisions of the contract.
93             (b) The provisions of this section shall be effective on and after Oc-
94       tober 1, 1999.
95             Sec.  9. (a) In order to reorganize the administration and regulation
96       of the state's policies related to the environment, there is hereby estab-
97       lished within the executive branch of government, the Kansas department
98       of environment.
99             (b) The provisions of the Kansas governmental operations accounta-
100       bility law shall apply to the department of environment, and the depart-
101       ment is subject to audit, review and evaluation under such law.
102             (c) The provisions of this section shall be effective on and after Oc-
103       tober 1, 1999.
104             Sec.  10. (a) The Kansas department of environment shall be admin-
105       istered under the direction and supervision of the secretary of environ-
106       ment, who shall be appointed by the governor subject to confirmation by
107       the senate as provided in K.S.A. 75-4315b, and amendments thereto. The
108       secretary shall serve at the pleasure of the governor. The secretary of
109       environment shall be in the unclassified service under the Kansas civil
110       service act and shall receive an annual salary fixed by the governor.
111             (b) The provisions of the Kansas governmental operations accounta-
112       bility law shall apply to the office of secretary of environment, and the
113       office is subject to audit, review and evaluation under such law.
114             (c) The provisions of this section shall be effective on and after Oc-
115       tober 1, 1999.
116             Sec.  11. (a) The secretary of environment may appoint assistant sec-
117       retaries, a chief attorney and other staff attorneys who shall serve at the
118       pleasure of the secretary. The assistant secretaries, chief attorney and staff
119       attorneys shall be in the unclassified service under the Kansas civil service
120       act and shall receive annual salaries fixed by the secretary and approved
121       by the governor. The secretary of environment also may appoint such
122       other staff assistants and employees necessary to enable the secretary to
123       carry out the duties of the office. Such other staff assistants and employees
124       shall be in the classified service under the Kansas civil service act. Assis-
125       tant secretaries, other staff assistants and employees shall have powers,
126       duties and functions as are assigned to them by the secretary or as pre-
127       scribed by law. The assistant secretaries, staff assistants and employees
128       shall act for and exercise the powers of the secretary of environment to
129       the extent authority to do so is delegated by the secretary of environment
130       as provided by law. The secretary of environment may appoint one public
131       information officer, one personal secretary and one special assistant who
132       shall be in the unclassified service under the Kansas civil service act and
133       shall receive compensation fixed by the secretary of environment and
134       approved by the governor.
135             (b) The provisions of this section shall be effective on and after Oc-
136       tober 1, 1999.
137             Sec.  12. (a) The secretary of environment may create advisory com-
138       mittees. Members of such advisory committees shall receive compensa-
139       tion in an amount determined by the secretary and approved by the fi-
140       nance council.
141             (b) The provisions of this section shall be effective on and after Oc-
142       tober 1, 1999.
143             Sec.  13. (a) The secretary of environment shall adopt all general pol-
144       icies and rules and regulations relating to all forms of environment which
145       are administered or supervised by or under the department of
146       environment.
147             (b) The provisions of this section shall be effective on and after Oc-
148       tober 1, 1999.
149             Sec.  14. (a) Except as otherwise provided by law, the secretary of
150       environment shall have the legal custody of all records, memoranda, writ-
151       ings, entries, prints, representations or combinations thereof, of any ac-
152       tion, transaction, occurrence or event of the department of environment.
153             (b) The provisions of this section shall be effective on and after Oc-
154       tober 1, 1999.
155             Sec.  15. (a) The secretary of environment may contract for the serv-
156       ices of persons who are not officers or employees of the department of
157       environment to act as hearing officers on behalf of the secretary of en-
158       vironment in conducting hearings authorized by law to be conducted by
159       a hearing officer designated by the secretary. Compensation for a person
160       employed as a hearing officer pursuant to a contract under this section
161       shall be fixed by the provisions of the contract.
162             (b) The provisions of this section shall be effective on and after Oc-
163       tober 1, 1999.
164             Sec.  16. (a) The Kansas department of health and environment and
165       the secretary of health and environment created by K.S.A. 75-5601, and
166       amendments thereto, are hereby abolished.
167             (b) The provisions of this section shall be effective on and after Oc-
168       tober 1, 1999.
169             Sec.  17. (a) The division of health established pursuant to K.S.A. 75-
170       5603, and amendments thereto, and the position of director of the division
171       of health are hereby abolished.
172             (b) Except as otherwise provided by this act, all powers, duties and
173       functions of the existing division of health and the existing director of the
174       division of health are hereby transferred to and conferred and imposed
175       upon the secretary of health established by this act.
176             (c) The provisions of this section shall be effective on and after Oc-
177       tober 1, 1999.
178             Sec.  18. (a) The division of environment established pursuant to
179       K.S.A. 75-5605, and amendments thereto, and the position of director of
180       the division of environment are hereby abolished.
181             (b) Except as otherwise provided by this act, all powers, duties and
182       functions of the existing division of environment and the existing director
183       of the division of environment are hereby transferred to and conferred
184       and imposed upon the secretary of environment established by this act.
185             (c) The provisions of this section shall be effective on and after Oc-
186       tober 1, 1999.
187             Sec.  19. (a) Except as otherwise provided by this act, whenever the
188       Kansas department of health and environment or words of like effect is
189       referred to or designated by a statute, contract or other document, such
190       reference or designation shall be deemed to apply to the Kansas depart-
191       ment of health or the Kansas department of environment as established
192       by this act. If any conflict arises as to whether the department of health
193       or department of environment is being designated or referenced, such
194       conflict shall be resolved by the governor whose decision shall be final.
195             (b) The provisions of this section shall be effective on and after Oc-
196       tober 1, 1999.
197             Sec.  20. (a) All rules and regulations of the secretary of health and
198       environment in existence on the effective date of this act shall continue
199       to be effective and shall be deemed to be duly adopted rules and regu-
200       lations of the secretary of health or the secretary of environment estab-
201       lished by this act until amended or revoked pursuant to law. The deter-
202       mination of which rules and regulations shall be administered by the
203       secretary of health or the secretary of environment shall be made based
204       upon the terms of this act. If any conflict arises as to the responsibility
205       for enforcement or administration of rules and regulations of the secretary
206       of health and environment, such conflict shall be resolved by the governor
207       whose decision shall be final.
208             (b) The provisions of this section shall be effective on and after Oc-
209       tober 1, 1999.
210             Sec.  21. (a) All certificates, permits, licenses, orders and directives
211       of the Kansas department of health and environment or the secretary of
212       health and environment in existence on the effective date of this act shall
213       continue to be effective and shall be deemed to be the certificates, per-
214       mits, licenses, orders and directives of either the secretary of health or
215       the secretary of environment until amended or revoked pursuant to law.
216       The determination as to whether the certificates, permits, licenses, orders
217       and directives of the Kansas department of health and environment or
218       the secretary of health and environment shall be the responsibility of the
219       secretary of health or the secretary of environment shall be determined
220       pursuant to the provisions of this act. If any conflict arises as to the re-
221       sponsibility for such certificates, permits, licenses, orders and directives,
222       the conflict shall be resolved by the governor whose decision shall be
223       final.
224             (b) The provisions of this section shall be effective on and after Oc-
225       tober 1, 1999.
226             Sec.  22. (a) The Kansas department of health and the Kansas de-
227       partment of environment and the secretary of health and the secretary of
228       environment established by this act respectively shall be continuations of
229       the Kansas department of health and environment, the secretary of health
230       and environment, the director of the division of health and the director
231       of the division of environment.
232             (b) The provisions of this section shall be effective on and after Oc-
233       tober 1, 1999.
234             Sec.  23. (a) Except as otherwise provided in this act, on the effective
235       date of this act officers and employees who, immediately prior to such
236       date, were engaged in the performance of powers, duties or functions of
237       any state agency or office which is abolished by this act or which becomes
238       a part of the department of health or the powers, duties and functions of
239       which are transferred to the secretary of health and who in the opinion
240       of the secretary of health are necessary to perform the powers, duties and
241       functions of the Kansas department of health shall be transferred to and
242       shall become officers and employees of the Kansas department of health.
243       Any such officer or employee shall retain all retirement benefits and all
244       rights of civil service which have accrued to or vested in such officer or
245       employee prior to the effective date of this act. The service of each such
246       officer and employee so transferred shall be deemed to have been con-
247       tinuous. If a conflict arises as to whether an officer or employee shall be
248       assigned to the Kansas department of health or the Kansas department
249       of environment, such conflict shall be resolved by the governor whose
250       decision shall be final.
251             (b) Nothing in this act shall affect the classified status of any person
252       employed as a classified employee of the department of health and en-
253       vironment on the day immediately preceding the effective date of this
254       section and the unclassified status shall apply only to persons appointed
255       to such positions on and after the effective date of this section.
256             (c) The provisions of this section shall be effective on and after Oc-
257       tober 1, 1999.
258             Sec.  24. (a) Except as otherwise provided in this act, on the effective
259       date of this act officers and employees who, immediately prior to such
260       date, were engaged in the performance of powers, duties or functions of
261       any state agency or office which is abolished by this act or which becomes
262       a part of the department of environment or the powers, duties and func-
263       tions of which are transferred to the secretary of environment and who
264       in the opinion of the secretary of environment are necessary to perform
265       the powers, duties and functions of the Kansas department of environ-
266       ment shall be transferred to and shall become officers and employees of
267       the Kansas department of environment. Any such officer or employee
268       shall retain all retirement benefits and all rights of civil service which have
269       accrued to or vested in such officer or employee prior to the effective
270       date of this act. The service of each such officer and employee so trans-
271       ferred shall be deemed to have been continuous. If a conflict arises as to
272       whether an officer or employee shall be assigned to the Kansas depart-
273       ment of health or the Kansas department of environment, such conflict
274       shall be resolved by the governor whose decision shall be final.
275             (b) Nothing in this act shall affect the classified status of any person
276       employed as a classified employee of the department of health and en-
277       vironment on the day immediately preceding the effective date of this
278       section and the unclassified status shall apply only to persons appointed
279       to such positions on and after the effective date of this section.
280             (c) The provisions of this section shall be effective on and after Oc-
281       tober 1, 1999.
282             Sec.  25. (a) Except as otherwise provided in this act, the Kansas de-
283       partment of health shall succeed to all contracts, property, property rights
284       and records which were used for or pertain to the performance of the
285       powers, duties and functions transferred to the secretary of health. Except
286       as provided in this act, the Kansas department of environment shall suc-
287       ceed to all contracts, property, property rights and records which were
288       used for or pertain to the performance of the powers, duties and functions
289       transferred to the secretary of environment. If any conflict as to the
290       proper disposition of contracts, property, property rights or records aris-
291       ing under this act and resulting from the transfer, attachment or abolition
292       of any state agency or office or all or part of the powers, duties and
293       functions, such conflict shall be resolved by the governor whose decision
294       shall be final.
295             (b) The provisions of this section shall be effective on and after Oc-
296       tober 1, 1999.
297             Sec.  26. (a) No suit, action or other proceeding, judicial or admin-
298       istrative, lawfully commenced or which could have been commenced by
299       or against any state agency abolished in this act or by or against any officer
300       of the state in such officer's official capacity or in relation to the discharge
301       of such officer's official duties shall abate by reason of the governmental
302       reorganization under the provisions of this act. The court may allow any
303       such suit, action or other proceeding to be maintained by or against the
304       successor of such state agency or any officer affected.
305             (b) No criminal action commenced or which could have been com-
306       menced by the state shall abate by reason of the governmental reorgan-
307       ization under the provisions of this act.
308             (c) The provisions of this section shall be effective on and after Oc-
309       tober 1, 1999.
310             Sec.  27. (a) The balance of all funds appropriated and reappropriated
311       to any state agency abolished by this act is hereby transferred to either
312       the Kansas department of health or the Kansas department of environ-
313       ment and shall be used only for the purpose for which the appropriation
314       was originally made. The determination of whether particular funds shall
315       be transferred to the department of health or to the department of en-
316       vironment shall be made pursuant to the terms of this act. If any conflict
317       arises as to the proper disposition of funds, such conflict shall be resolved
318       by the governor whose decision shall be final.
319             (b) On the effective date of this act, the liability for all accrued com-
320       pensation or salaries of officers and employees who, immediately prior to
321       such date, were engaged in the performance of powers, duties or func-
322       tions of any state agency or office abolished by this act or which becomes
323       a part of the Kansas department of health or the Kansas department of
324       environment established by this act or the powers, duties and functions
325       which are transferred to the secretary of health or the secretary of envi-
326       ronment provided for by this act shall be assumed and paid by the Kansas
327       department of health or the Kansas department of environment. The
328       determination as to which department shall be liable for particular ac-
329       crued compensation or salaries shall be made pursuant to the terms of
330       this act. If any conflict arises as to which agency shall be responsible for
331       particular accrued compensation or salaries, such conflict shall be re-
332       solved by the governor whose decision shall be final.
333             (c) The provisions of this section shall be effective on and after Oc-
334       tober 1, 1999.
335             Sec.  28. (a) The secretary of health may organize the department of
336       health in the manner deemed most efficient, so long as the same is not
337       in conflict with law. The assistant secretaries, staff assistants and employ-
338       ees shall perform such duties and exercise such powers as prescribed by
339       law and such other duties as the secretary of health prescribes. Such
340       assistant secretaries shall act for, and exercise the powers of the secretary
341       of health to the extent authority to do so is delegated by the secretary of
342       health. Personnel of the division shall perform such duties and exercise
343       such powers as the assistant secretary or the head of the division may
344       prescribe and such duties and powers as prescribed by law. Personnel of
345       the division shall act for, and exercise the powers of their assistant sec-
346       retary or division head to the extent authority to do so is delegated by the
347       assistant secretary or division head.
348             (b) The provisions of this section shall be effective on and after Oc-
349       tober 1, 1999.
350             Sec.  29. (a) The secretary of environment may organize the depart-
351       ment of environment in the manner deemed most efficient, so long as
352       the same is not in conflict with law. The assistant secretaries, staff assis-
353       tants and employees shall perform such duties and exercise such powers
354       as prescribed by law and such other duties as the secretary of environment
355       prescribes. Such assistant secretaries shall act for, and exercise the powers
356       of the secretary of environment to the extent authority to do so is dele-
357       gated by the secretary of environment. Personnel of the division shall
358       perform such duties and exercise such powers as the assistant secretary
359       or the head of the division may prescribe and such duties and powers as
360       prescribed by law. Personnel of the division shall act for, and exercise the
361       powers of their assistant secretary or division head to the extent authority
362       to do so is delegated by the assistant secretary or division head.
363             (b) The provisions of this section shall be effective on and after Oc-
364       tober 1, 1999.
365             Sec.  30. The governor and the secretary of health and environment
366       shall prepare a transition plan to provide for the separation of duties into
367       the department of health and the department of environment pursuant
368       to the provisions of this act.
369             Sec.  31. (a) The Kansas department of health created pursuant to
370       section 1, and amendments thereto, and the office of secretary of health,
371       created by section 2, and amendments thereto, hereby are subjected to
372       audit under the Kansas governmental operations accountability law, and
373       to review and evaluation during the 2004 regular session of the legislature,
374       or such other regular session of the legislature designated by the legis-
375       lative post audit committee in accordance with the provisions of subsec-
376       tion (c) of K.S.A. 74-7285, and amendments thereto.
377             (b) The provisions of this section shall be effective on and after Oc-
378       tober 1, 1999.
379             Sec.  32. (a) The Kansas department of environment created pursu-
380       ant to section 9, and amendments thereto, and the office of secretary of
381       environment, created by section 10, and amendments thereto, hereby are
382       subjected to audit under the Kansas governmental operations accounta-
383       bility law, and to review and evaluation during the 2004 regular session
384       of the legislature, or such other regular session of the legislature desig-
385       nated by the legislative post audit committee in accordance with the pro-
386       visions of subsection (c) of K.S.A. 74-7285, and amendments thereto.
387             (b) The provisions of this section shall be effective on and after Oc-
388       tober 1, 1999. 
389       Sec.  33. On and after October 1, 1999, K.S.A. 75-5601, 75-5602, 75-
390       5603, 75-5604, 75-5605, 75-5606, 75-5607, 75-5608, 75-5609, 75-5610,
391       75-5610a, 75-5611, 75-5611a, 75-5612, 75-5613, 75-5616, 75-5617, 75-
392       5618, 75-5619, 75-5620, 75-5621, 75-5622, 75-5623, 75-5624, 75-5625
393       and section 30 of this act and K.S.A. 1998 Supp. 74-72,102 are hereby
394       repealed.
395        Sec.  34. This act shall take effect and be in force from and after its
396       publication in the Kansas register.