Session of 1999
         
Executive Reorganization Order No. 29
         
Governor Bill Graves
          
2-9
          
  9              Section 1. (a) On the effective date of this order, there is hereby es-
10       tablished the commission on emergency planning and response.
11        (b) The membership of the commission on emergency planning and
12       response shall consist of the agency head or secretary or a designated
13       person of authority from the following agencies:
14        (1) the fire marshal;
15        (2) the department of health and environment;
16        (3) the department of transportation;
17        (4) the Kansas highway patrol;
18        (5) the adjutant general; and
19        (6) the department of commerce and housing.
20        (c) In addition, the membership of the commission on emergency plan-
21       ning and response shall also consist of seven members appointed by the
22       governor as follows:
23        (1) Two individuals shall be representative of counties;
24        (2) two individuals selected to represent cities; and
25        (3) three individuals selected to represent businesses and industries.
26        (d) A designee of the adjutant general shall serve as the secretary of
27       the commission on emergency planning and response. The adjutant gen-
28       eral shall provide staff support for the commission on emergency planning
29       and response.
30        (e) Of the members first appointed to the commission on emergency
31       planning and response by the governor, one representative of cities, one
32       representative of counties, and one representative of business and indus-
33       try shall serve a term of two years, and the remainder of the members
34       appointed by the governor shall serve terms of three years. Thereafter,
35       members who represent cities, counties, and business and industry shall
36       serve terms of four years and until the successor has been appointed. Any
37       vacancy in the office of an appointed member shall be filled for the unex-
38       pired term by appointment by the governor.
39        (f) A chairperson shall be elected annually by the members of the
40       commission. A vice-chairperson shall be designated by the chairperson to
41       serve in the absence of the chairperson.
42        (g) For attending meetings of such commission, or attending a subcom-
43       mittee meeting thereof authorized by such commission, those members

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  1       of the commission appointed by the governor shall be paid compensation,
  2       subsistence allowances, mileage and other expenses as provided in K.S.A.
  3       75-3223, and amendments thereto.
  4        Sec. 2. The commission on emergency planning and response shall have
  5       the following functions, powers and duties:
  6        (a) Carry out all requirements of the federal emergency planning and
  7       community right-to-know act of 1986, 42 U.S.C. 11001-11005, and
  8       amendments thereto, hereinafter called the "federal act";
  9        (b) provide assistance and advice in establishing policy for the coordi-
10       nation of state agency activities relating to emergency training, prepar-
11       edness, planning, and response;
12        (c) provide assistance and advice in establishing policy and procedures
13       for chemical release reporting and prevention, transportation, manufac-
14       ture, storage, handling, and use;
15        (d) facilitate and advise the division of emergency management, the
16       adjutant general, and others in the preparation and implementation of all
17       emergency plans prepared by state agencies;
18        (e) facilitate and advise the division of emergency management, the
19       adjutant general, and others in the preparation and implementation of
20       statewide, interjurisdictional, and local emergency plans prepared in ac-
21       cordance with state and federal law;
22        (f) designate, and revise as necessary, the boundaries of emergency
23       planning districts in accordance with the federal act;
24        (g) approve the local emergency planning committee for each emer-
25       gency planning district;
26        (h) review reports about responses to disaster emergencies and make
27       recommendations to the appropriate parties involved in the response con-
28       cerning improved prevention, mitigation, and preparedness;
29        (i) provide assistance and advice to the division of emergency manage-
30       ment and the adjutant general in coordinating, advising, or planning tasks
31       related to community right-to-know reporting, toxic chemical release re-
32       porting, management of hazardous substances, emergency planning and
33       preparedness for all types of hazards, and emergency planning and pre-
34       paredness for all types of disasters, as defined in K.S.A. 48-925;
35        (j) recommend procedures to integrate, as appropriate, hazardous sub-
36       stance response planning under 42 U.S.C. 11001-11005, federal contin-
37       gency planning under 33 U.S.C. 1321 and other federal laws as applicable
38       to hazardous substance discharges, and state, regional, and local planning;
39        (k) provide recommendations and advice to the adjutant general and
40       the secretary of health and environment regarding the adoption of reg-
41       ulations as authorized to carry out the purposes of all state hazard pre-
42       paredness and planning laws and the federal act, 42 U.S.C. 11001-11005;
43       and

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  1        (l) approve the fees established by rules and regulations of the adjutant
  2       general to cover all or part of the total operational costs of implementing
  3       the provisions of the federal act.
  4        Sec. 3. The state emergency response commission created by K.S.A.
  5       65-5703 is hereby abolished.
  6        (a) Except as otherwise provided by this order, all of the powers, duties,
  7       and functions of the existing state emergency response commission are
  8       hereby transferred to and conferred and imposed upon the commission
  9       on emergency planning and response.
10        (b) Whenever the phrase "state emergency response commission" or
11       words of like effect, are referred to or designated by a statute, rule and
12       regulation, contract or other documents, the reference or designation
13       shall be deemed to apply to the commission on emergency planning and
14       response.
15        (c) All orders and directives of the state emergency response commis-
16       sion shall continue to be effective and shall be deemed to be orders and
17       directives of the commission on emergency planning and response until
18       revised, amended or nullified pursuant to law.
19        Sec. 4. Except as otherwise provided by this order, the commission on
20       emergency planning and response established by this order shall be the
21       successor in every way to the powers, duties, and functions of the state
22       emergency response commission which were vested prior to the effective
23       date of this order and which are transferred pursuant to section 3. Every
24       act performed in the exercise of such powers, duties, and functions by or
25       under the authority of the commission on emergency planning and re-
26       sponse shall be deemed to have the same force and effect as if performed
27       by the state emergency response commission in which such powers, du-
28       ties, and functions were vested prior to the effective date of this order.
29        Sec. 5. (a) Except as otherwise provided by this order, all of the powers,
30       duties, and functions of the secretary of health and environment relating
31       to provision of support for the oversight and administrative activities of
32       the state emergency response commission as provided in K.S.A. 65-
33       5704(a), and amendments thereto, are hereby transferred to and con-
34       ferred and imposed upon the adjutant general.
35        (b) Except as otherwise provided by this order, whenever the words
36       "secretary of health and environment" or words of like effect are referred
37       to or designated by a statute, rule and regulation, contract or other doc-
38       ument in connection with the powers, duties, and functions transferred
39       from the secretary of health and environment to the adjutant general by
40       this order, the reference or designation shall be deemed to apply to the
41       adjutant general.
42        Sec. 6. All rules and regulations, orders, and directives of the secretary
43       of health and environment relating to those duties, functions, and powers

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  1       transferred to the adjutant general by section 5 shall continue to be ef-
  2       fective and shall be deemed to be rules and regulations, orders and di-
  3       rectives of the adjutant general until revised, amended or nullified pur-
  4       suant to law.
  5        Sec. 7. Except as otherwise provided by this order, the adjutant general
  6       shall be the successor in every way to the powers, duties, and functions
  7       of the secretary of health and environment which were vested prior to
  8       the effective date of this order and which are transferred pursuant to
  9       section 5. Every act performed in the exercise of such powers, duties,
10       and functions by or under the authority of the adjutant general shall be
11       deemed to have the same force and effect as if performed by the secretary
12       of health and environment in which such powers, duties, and functions
13       were vested prior to the effective date of this order.
14        Sec. 8. (a) Except as otherwise provided by this order, the powers,
15       duties, and functions of the adjutant general and secretary of health and
16       environment related to approval of local planning districts as provided by
17       K.S.A. 65-5703(f), and amendments thereto, are hereby transferred to
18       and conferred and imposed upon the commission on emergency planning
19       and response.
20        (b) Except as otherwise provided by this order, whenever the words
21       "adjutant general" or "secretary of health and environment" or words of
22       like effect are referred to or designated by a statute, rule and regulation,
23       contract or other document in connection with the powers, duties, and
24       functions transferred by this order from the adjutant general and the
25       secretary of health and environment to the commission on emergency
26       planning and response, the reference or designation shall be deemed to
27       apply to the commission on emergency planning and response.
28        (c) All rules and regulations, orders, and directives of the adjutant gen-
29       eral and of the secretary of health and environment relating to the powers,
30       duties, and functions transferred to the commission on emergency plan-
31       ning and response by this order shall continue to be effective and shall
32       be deemed to be rules and regulations, orders, and directives of the com-
33       mission on emergency planning and response until revised, amended or
34       nullified pursuant to law.
35        Sec. 9. Except as otherwise provided by this order, the commission on
36       emergency planning and response established by this order shall be the
37       successor in every way to the powers, duties, and functions of the adjutant
38       general and the secretary of health and environment in which the same
39       were vested prior to the effective date of this order and which are trans-
40       ferred pursuant to section 8. Every act performed in the exercise of such
41       powers, duties, and functions by or under the authority of the commission
42       on emergency planning and response shall be deemed to have the same
43       force and effect as if performed by the adjutant general or the secretary

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  1       of health and environment in which such powers, duties, and functions
  2       were vested prior to the effective date of this order.
  3        Sec. 10. (a) The adjutant general and the secretary of health and en-
  4       vironment shall engage in consultations with the purpose of reaching
  5       agreement regarding the disposition of all property, all property rights,
  6       and records which were used for or pertain to the performance of any of
  7       the powers and duties transferred to the adjutant general pursuant to this
  8       order.
  9        (b) Any conflict as to the proper disposition of property, records, or
10       the unexpended balance of any appropriation arising as a result of any
11       abolition, transfer, attachment or change made by this order shall be
12       determined by the governor, whose decision shall be final.
13        Sec. 11. No suit, action, or other proceeding, judicial or administrative,
14       lawfully commenced, or which could have been commenced, by or against
15       any state agency, or program mentioned in this order, or by or against
16       any officer of the state in such officer's official capacity or in relation to
17       the discharge of such officer's official duties, shall abate by reason of the
18       governmental reorganization effected under the provisions of this order.
19       The court may allow any such suit, action, or other proceeding to be
20       maintained by or against the successor of any such state agency or any
21       officer affected.
22        Sec. 12. All of the provisions of this order shall take effect and have
23       the force of general law on July 1, 1999, unless disapproved by either
24       house of the legislature as provided by subsection (c) of section 6 of article
25       1 of the Constitution of Kansas. This order, unless so disapproved, is to
26       be published as and with the acts of the legislature and the statutes of
27       this state.
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