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 9  AN ACT concerning the administrative procedure act; creating an office
10    of administrative hearings within the department of administration;
11    amending K.S.A. 65-163a, 65-164, 65-165, 65-3483, 65-3488, 65-3490,
12    75-3306, 77-518 and 79-3313 and K.S.A. 1996 Supp. 44-1005, 65-163,
13    65-526, 77-514 and 77-527 and repealing the existing sections.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    New Section 1.  (a) There is created the office of administrative hear-
17  ings within the department of administration, to be headed by a director
18  appointed by the secretary of administration.
19    (b)  The office shall employ administrative law judges, court reporters
20  and other support personnel as necessary to conduct proceedings re-
21  quired by the Kansas administrative procedure act. The office shall con-
22  duct adjudicative proceedings of the department of social and rehabili-
23  tation services and the department of health and environment which are
24  not under the Kansas administrative procedure act when requested by
25  such agencies. Only a person admitted to practice law in this state may
26  be employed as an administrative law judge. The office may employ reg-
27  ular part-time personnel. Persons employed by the office shall be under
28  the classified civil service.
29    (c)  If the office cannot furnish one of its administrative law judges in
30  response to an agency request in a proceeding listed in section 3, and
31  amendments thereto, the director shall designate in writing a full-time
32  employee of an agency other than the requesting agency to serve as ad-
33  ministrative law judge for the proceeding, but only with the consent of
34  the employing agency. The designee must possess the same qualifications
35  required of administrative law judges employed by the office.
36    (d)  The director may furnish administrative law judges on a contract
37  basis to any governmental entity to conduct any proceeding not subject
38  to the Kansas administrative procedure act or not listed in section 3 and
39  amendments thereto.
40    (e)  On or before July 1, 1998, the department of administration shall
41  adopt rules and regulations:
42    (1)  To establish further qualifications for administrative law judges,
43  procedures by which candidates will be considered for employment, and
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 1  the manner in which public notice of vacancies in the staff of the office
 2  will be given;
 3    (2)  to establish procedures for agencies to request and for the director
 4  to assign administrative law judges. An agency may neither select nor
 5  reject any individual administrative law judge for any proceeding except
 6  in accordance with the Kansas administrative procedure act;
 7    (3)  to establish procedures and adopt forms, consistent with the Kan-
 8  sas administrative procedure act, the model rules of procedure, and other
 9  provisions of law, to govern administrative law judges;
10    (4)  to establish standards and procedures for the evaluation, training,
11  promotion and discipline of administrative law judges; and
12    (5)  to facilitate the performance of the responsibilities conferred
13  upon the office by the Kansas administrative procedure act.
14    (f)  The director may:
15    (1)  Maintain a staff of reporters and other personnel; and
16    (2)  implement the provisions of this section and rules and regulations
17  adopted under its authority.
18    (g)  The department of administration may adopt rules and regula-
19  tions to establish fees to charge a state agency for the cost of using an
20  administrative law judge.
21    (h)  Effective January 1, 1998, personnel in the administrative hear-
22  ings section of the department of social and rehabilitation services, per-
23  sonnel in the administrative appeals section of the department of health
24  and environment and the administrative law judges for the human rights
25  commission and the division of taxation, and support personnel for such
26  administrative law judges, shall be transferred to the office of adminis-
27  trative hearings. Such personnel shall retain all rights under the state
28  personnel system and retirement benefits under the laws of this state,
29  and such person's services shall be deemed to have been continuous. This
30  act shall not affect any matter pending before an administrative hearing
31  officer at the time of the effective date of the transfer, and such matter
32  shall proceed as though no transfer of employment had occurred.
33    New Sec. 2.  (a) There is hereby created a state advisory council for
34  administrative hearings. The advisory council shall consist of seven mem-
35  bers appointed by the governor. All members of the council shall serve
36  at the pleasure of the governor. Members of the council shall not receive
37  compensation or expense allowances for serving on the council.
38    (b)  The council shall meet on call of the secretary of administration.
39    (c)  The advisory council shall advise the secretary of administration
40  and the director of the office of administrative hearings on policy matters
41  affecting the office of administrative hearings and on rules and regulations
42  adopted by the director.
43    New Sec. 3.  (a) In the following proceedings, the presiding officer
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 1  shall be the agency head, one or more members of the agency head or
 2  an administrative law judge assigned by the office of administrative hear-
 3  ings:
 4    (1)  Hearings of the department of social and rehabilitation services
 5  under K.S.A. 39-1807, 65-4015, 65-4606, 65-4927, 75-3306 and 75-3340,
 6  and amendments thereto;
 7    (2)  hearings of the human rights commission under K.S.A. 44-1005,
 8  and amendments thereto;
 9    (3)  hearings of the department of health and environment under
10  K.S.A. 36-502, 36-503, 36-504, 36-505, 36-508, 36-510, 36-513, 36-515b,
11  39-931, 39-947, 39-964, 39-965, 39-1807, 48-1608, 65-163, 65-163a, 65-
12  164, 65-165, 65-170d, 65-171d, 65-171p, 65-171s, 65-187, 65-1,109a, 65-
13  421, 65-430, 65-464, 65-504, 65-514, 65-521, 65-526, 65-5a09, 65-666,
14  65-669a, 65-673, 65-3008b, 65-3011, 65-3012, 65-3013, 65-3018, 65-
15  3412, 65-3419, 65-3424l, 65-3440, 65-3446, 65-3456a, 65-3458, 65-3483,
16  65-3488, 65-3490, 65-34,106, 65-34,111, 65-34,113, 65-34,122, 65-
17  34,148, 65-4507, 65-4508, 65-4927, 65-4958, 65-5107, 65-5108, 65-5310,
18  65-5314, 65-5911, 65-6509, 80-2027, 82a-1209, 82a-1210, and 82a-1216,
19  and amendments thereto; and
20    (4)  hearings of the division of taxation of the department of revenue
21  under K.S.A. 55-508, 79-911, 79-911a, 79-1575, 79-3226, 79-3229, 79-
22  3309, 79-3313, 79-3383, 79-3407, 79-3420, 79-3495, 79-3496, 79-34,113,
23  79-34,121, 79-3610, and 79-5205, and amendments thereto.
24    (b)  This section shall be part of and supplemental to the Kansas ad-
25  ministrative procedure act.
26    Sec. 4.  K.S.A. 1996 Supp. 44-1005 is hereby amended to read as
27  follows: 44-1005. (a) Any person claiming to be aggrieved by an alleged
28  unlawful employment practice or by an alleged unlawful discriminatory
29  practice, and who can articulate a prima facie case pursuant to a recog-
30  nized legal theory of discrimination, may, personally or by an attorney-
31  at-law, make, sign and file with the commission a verified complaint in
32  writing, articulating the prima facie case, which shall also state the name
33  and address of the person, employer, labor organization or employment
34  agency alleged to have committed the unlawful employment practice
35  complained of or the name and address of the person alleged to have
36  committed the unlawful discriminatory practice complained of, and which
37  shall set forth the particulars thereof and contain such other information
38  as may be required by the commission.
39    (b)  The commission upon its own initiative or the attorney general
40  may, in like manner, make, sign and file such complaint. Whenever the
41  attorney general has sufficient reason to believe that any person as herein
42  defined is engaged in a practice of discrimination, segregation or sepa-
43  ration in violation of this act, the attorney general may make, sign and
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 1  file a complaint. Any employer whose employees or some of whom, refuse
 2  or threaten to refuse to cooperate with the provisions of this act, may file
 3  with the commission a verified complaint asking for assistance by concil-
 4  iation or other remedial action.
 5    (c)  Whenever any problem of discrimination because of race, relig-
 6  ion, color, sex, disability, national origin or ancestry arises, or whenever
 7  the commission has, in its own judgment, reason to believe that any per-
 8  son has engaged in an unlawful employment practice or an unlawful dis-
 9  criminatory practice in violation of this act, or has engaged in a pattern
10  or practice of discrimination, the commission may conduct an investiga-
11  tion without filing a complaint and shall have the same powers during
12  such investigation as provided for the investigation of complaints. The
13  person to be investigated shall be advised of the nature and scope of such
14  investigation prior to its commencement. The purpose of the investigation
15  shall be to resolve any such problems promptly. In the event such prob-
16  lems cannot be resolved within a reasonable time, the commission may
17  issue a complaint whenever the investigation has revealed a violation of
18  the Kansas act against discrimination has occurred. The information gath-
19  ered in the course of the first investigation may be used in processing the
20  complaint.
21    (d)  After the filing of any complaint by an aggrieved individual, by
22  the commission, or by the attorney general, the commission shall, within
23  seven days after the filing of the complaint, serve a copy on each of the
24  parties alleged to have violated this act, and shall designate one of the
25  commissioners to make, with the assistance of the commission's staff,
26  prompt investigation of the alleged act of discrimination. If the commis-
27  sioner shall determine after such investigation that no probable cause
28  exists for crediting the allegations of the complaint, such commissioner,
29  within 10 business days from such determination, shall cause to be issued
30  and served upon the complainant and respondent written notice of such
31  determination.
32    (e)  If such commissioner after such investigation, shall determine that
33  probable cause exists for crediting the allegations for the complaint, the
34  commissioner or such other commissioner as the commission may des-
35  ignate, shall immediately endeavor to eliminate the unlawful employment
36  practice or the unlawful discriminatory practice complained of by con-
37  ference and conciliation. The complainant, respondent and commission
38  shall have 45 days from the date respondent is notified in writing of a
39  finding of probable cause to enter into a conciliation agreement signed
40  by all parties in interest. The parties may amend a conciliation agreement
41  at any time prior to the date of entering into such agreement. Upon
42  agreement by the parties the time for entering into such agreement may
43  be extended. The members of the commission and its staff shall not dis-
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 1  close what has transpired in the course of such endeavors.
 2    (f)  In case of failure to eliminate such practices by conference and
 3  conciliation, or in advance thereof, if in the judgment of the commissioner
 4  or the commission circumstances so warrant, the commissioner or the
 5  commission shall commence a hearing in accordance with the provisions
 6  of the Kansas administrative procedure act naming as parties the com-
 7  plainant and the person, employer, labor organization, employment
 8  agency, realtor or financial institution named in such complaint, herein-
 9  after referred to as respondent. A copy of the complaint shall be served
10  on the respondent. At least four commissioners, a staff hearing examiner
11  or a contract hearing examiner or an administrative law judge from the
12  office of administrative hearings shall be designated as the presiding of-
13  ficer. The place of such hearing shall be in the county where respondent
14  is doing business and the acts complained of occurred.
15    (g)  The complainant or respondent may apply to the presiding officer
16  for the issuance of a subpoena for the attendance of any person or the
17  production or examination of any books, records or documents pertinent
18  to the proceeding at the hearing. Upon such application the presiding
19  officer shall issue such subpoena.
20    (h)  The case in support of the complaint shall be presented before
21  the presiding officer by one of the commission's attorneys or agents, or
22  by private counsel, if any, of the complainant, and the commissioner who
23  shall have previously made the investigation shall not participate in the
24  hearing except as a witness. Any endeavors at conciliation shall not be
25  received in evidence.
26    (i)  Any complaint filed pursuant to this act must be so filed within six
27  months after the alleged act of discrimination, unless the act complained
28  of constitutes a continuing pattern or practice of discrimination in which
29  event it will be from the last act of discrimination. Complaints filed with
30  the commission on or after July 1, 1996, may be dismissed by the com-
31  mission on its own initiative, and shall be dismissed by the commission
32  upon the written request of the complainant, if the commission has not
33  issued a finding of probable cause or no probable cause or taken other
34  administrative action dismissing the complaint within 300 days of the
35  filing of the complaint. The commission shall mail written notice to all
36  parties of dismissal of a complaint within five days of dismissal. Com-
37  plaints filed with the commission before July 1, 1996, shall be dismissed
38  by the commission upon the written request of the complainant, if the
39  commission has not issued a finding of probable cause or no probable
40  cause or taken other administrative action dismissing the complaint within
41  300 days of the filing of the complaint. Any such dismissal of a complaint
42  in accordance with this section shall constitute final action by the com-
43  mission which shall be deemed to exhaust all administrative remedies
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 1  under the Kansas act against discrimination for the purpose of allowing
 2  subsequent filing of the matter in court by the complainant, without the
 3  requirement of filing a petition for reconsideration pursuant to K.S.A. 44-
 4  1010 and amendments thereto.  Dismissal of a complaint in accordance
 5  with this section shall not be subject to appeal or judicial review by any
 6  court under the provisions of K.S.A. 44-1011 and amendments thereto.
 7  The provisions of this section shall not apply to complaints alleging dis-
 8  criminatory housing practices filed with the commission pursuant to
 9  K.S.A. 44-1015 et seq. and amendments thereto.
10    (j)  The respondent may file a written verified answer to the complaint
11  and appear at such hearing in person or otherwise, with or without coun-
12  sel, and submit testimony. The complainant shall appear at such hearing
13  in person, with or without counsel, and submit testimony. The presiding
14  officer or the complainant shall have the power reasonably and fairly to
15  amend any complaint, and the respondent shall have like power to amend
16  such respondent's answer. The presiding officer shall be bound by the
17  rules of evidence prevailing in courts of law or equity, and only relevant
18  evidence of reasonable probative value shall be received.
19    (k)  If the presiding officer finds a respondent has engaged in or is
20  engaging in any unlawful employment practice or unlawful discriminatory
21  practice as defined in this act, the presiding officer shall render an order
22  requiring such respondent to cease and desist from such unlawful em-
23  ployment practice or such unlawful discriminatory practice and to take
24  such affirmative action, including but not limited to the hiring, reinstate-
25  ment, or upgrading of employees, with or without back pay, and the ad-
26  mission or restoration to membership in any respondent labor organiza-
27  tions; the admission to and full and equal enjoyment of the goods,
28  services, facilities, and accommodations offered by any respondent place
29  of public accommodation denied in violation of this act, as, in the judg-
30  ment of the presiding officer, will effectuate the purposes of this act, and
31  including a requirement for report of the manner of compliance. Such
32  order may also include an award of damages for pain, suffering and hu-
33  miliation which are incidental to the act of discrimination, except that an
34  award for such pain, suffering and humiliation shall in no event exceed
35  the sum of $2,000.
36    (l)  Any state, county or municipal agency may pay a complainant back
37  pay if it has entered into a conciliation agreement for such purposes with
38  the commission, and may pay such back pay if it is ordered to do so by
39  the commission.
40    (m)  If the presiding officer finds that a respondent has not engaged
41  in any such unlawful employment practice, or any such unlawful discrim-
42  inatory practice, the presiding officer shall render an order dismissing the
43  complaint as to such respondent.
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 1    (n)  The commission shall review an initial order rendered under sub-
 2  section (k) or (m). In addition to the parties, a copy of any final order
 3  shall be served on the attorney general and such other public officers as
 4  the commission may deem proper.
 5    (o)  The commission shall, except as otherwise provided, establish
 6  rules of practice to govern, expedite and effectuate the foregoing proce-
 7  dure and its own actions thereunder. The rules of practice shall be avail-
 8  able, upon written request, within 30 days after the date of adoption.
 9    Sec. 5.  K.S.A. 1996 Supp. 65-163 is hereby amended to read as fol-
10  lows: 65-163. (a) (1) No person shall operate a public water supply system
11  within the state without a public water supply system permit from the
12  secretary. An application for a public water supply system permit shall be
13  submitted for review and approval prior to construction and shall include:
14  (A) A copy of the plans and specifications for the construction of the
15  public water supply system or the extension thereof; (B) a description of
16  the source from which the water supply is to be derived; (C) the proposed
17  manner of storage, purification or treatment for the supply; and (D) such
18  other data and information as required by the secretary of health and
19  environment. No source of water supply in substitution for or in addition
20  to the source described in the application or in any subsequent application
21  for which a public water supply system permit is issued shall be used by
22  a public water supply system, nor shall any change be made in the manner
23  of storage, purification or treatment of the water supply without an ad-
24  ditional public water supply system permit obtained in a manner similar
25  to that prescribed by this section from the secretary.
26    (2)  Whenever application is made to the secretary for a public water
27  supply system permit under the provisions of this section, it shall be the
28  duty of the secretary to examine the application without delay and, as
29  soon as possible thereafter, to grant or deny the public water supply sys-
30  tem permit subject to any conditions which may be imposed by the sec-
31  retary to protect the public health and welfare.
32    (3)  The secretary may adopt rules and regulations establishing a pro-
33  gram of annual certification by public water supply systems that have staff
34  qualified to approve the extension of distribution systems without the
35  necessity of securing an additional permit for the extension provided the
36  plans for the extension are prepared by a professional engineer as defined
37  by K.S.A. 74-7003, and amendments thereto.
38    (b) (1)  Whenever a complaint is made to the secretary by any city of
39  the state, by a local health officer, or by a county or joint board of health
40  concerning the sanitary quality of any water supplied to the public within
41  the county in which the city, local health officer or county or joint board
42  of health is located, the secretary shall investigate the public water supply
43  system about which the complaint is made. Whenever the secretary has
HB 2254
                                     

 1  reason to believe that a public water supply system within the state is
 2  being operated in violation of an applicable state law or an applicable rule
 3  and regulation of the secretary, the secretary may investigate the public
 4  water supply system.
 5    (2)  Whenever an investigation of any public water supply system is
 6  undertaken by the secretary, it shall be the duty of the supplier of water
 7  under investigation to furnish to the secretary information to determine
 8  the sanitary quality of the water supplied to the public and to determine
 9  compliance with applicable state laws and rules and regulations. The sec-
10  retary may issue an order requiring changes in the source or sources of
11  the public water supply system or in the manner of storage, purification
12  or treatment utilized by the public water supply system before delivery
13  to consumers, or distribution facilities, collectively or individually, as may
14  in the secretary's judgment be necessary to safeguard the sanitary quality
15  of the water and bring about compliance with applicable state law and
16  rules and regulations. The supplier of water shall comply with the order
17  of the secretary.
18    (c) (1)  As used in this subsection (c), ``municipal water treatment
19  residues'' means any solid, semisolid or liquid residue generated during
20  the treatment of water in a public water supply system treatment works.
21    (2)  A public water supply system may place or store municipal water
22  treatment residues resulting from sedimentation, coagulation or softening
23  treatment processes in basins on land under the ownership and control
24  of the public water supply system operator provided that such storage or
25  placement is approved and permitted by the secretary under this section
26  as part of the public water supply system.
27    (3)  The secretary shall adopt uniform and comprehensive rules and
28  regulations for the location, design and operation of such basins. Such
29  rules and regulations shall require permit applications by the public water
30  suppliers for such basins to include a copy of the plans and specifications
31  for the location and construction of each basin, the means of conveyance
32  of the treatment residues to such basins, the content of treatment resi-
33  dues, the proposed method of basin operation and closure, the method
34  of any anticipated expansion and any other data and information required
35  by the secretary.
36    (4)  Whenever complaint is made to the secretary by the mayor of any
37  city of the state, by a local health officer or by a county or joint board of
38  health, or whenever an investigation is undertaken at the initiative of the
39  secretary, relating to any alleged violation of the provisions of the permit
40  for placement or storage of municipal water treatment residues in such
41  basins, the public water supply system operator shall furnish all infor-
42  mation the secretary requires. If the secretary finds that there is any
43  violation of the terms of the permit, that the means of placement and
HB 2254
                                     

 1  storage exceed the terms of the permit or that any other condition exists
 2  by reason of the means of placement and storage that may be detrimental
 3  to the health of any inhabitants of the state or to the environment, the
 4  secretary shall have the authority to issue an order amending the permit
 5  or otherwise requiring the operator to perform remedial measures to
 6  curtail or prevent such detrimental conditions.
 7    (d)  Orders of the secretary under this section, and hearings thereon,
 8  shall be subject to the provisions of the Kansas administrative procedure
 9  act. Any action of the secretary pursuant to this section is subject to review
10  in accordance with the act for judicial review and civil enforcement of
11  agency actions. The court on review shall hear the case without delay.
12    (e)  The secretary shall establish by rule and regulation a system of
13  fees for the inspection and regulation of public water supplies. No such
14  fee shall exceed $.002 per 1,000 gallons of water sold at retail by a public
15  water supply system. All such fees shall be paid quarterly in the manner
16  provided for fees imposed on retail sales by public water supply systems
17  pursuant to K.S.A. 82a-954 and amendments thereto. The secretary shall
18  remit to the state treasurer all moneys collected for such fees. Upon
19  receipt thereof, the state treasurer shall deposit the entire amount in the
20  state treasury and credit it to the public water supply fee fund created by
21  K.S.A. 65-163c and amendments thereto.
22    (f)  There is hereby created an advisory committee to make recom-
23  mendations regarding: (1) Fees to be adopted by the secretary under
24  subsection (e); (2) means of strengthening on-site technical assistance to
25  public water supply systems; (3) standards for on-site and classroom water
26  treatment operator certification programs; (4) other matters concerning
27  public water supplies; and (5) to advise the secretary regarding expendi-
28  ture of moneys in the public water supply fee fund created by K.S.A. 65-
29  163c and amendments thereto. Such advisory committee shall consist of
30  one member appointed by the secretary to represent the department of
31  health and environment, one member appointed by the director of the
32  Kansas water office to represent such office and two members appointed
33  by the secretary as follows:  One from three nominations submitted by the
34  Kansas section of the American waterworks association, and one from
35  three nominations submitted by the Kansas rural water association. Mem-
36  bers of the advisory committee shall serve without compensation or re-
37  imbursement of expenses. The advisory committee shall meet at least four
38  times each year on call of the secretary or a majority of the members of
39  the committee.
40    Sec. 6.  K.S.A. 65-163a is hereby amended to read as follows: 65-
41  163a. (a) Any supplier of water may refuse to deliver water through pipes
42  and mains to any premises where a condition exists which might lead to
43  the contamination of the public water supply system and may continue
HB 2254
                                     

 1  to refuse the delivery of water to the premises until the condition is rem-
 2  edied.
 3    (b)  The secretary may order a supplier of water: (1) To cease the
 4  delivery of water through pipes and mains to a premise or premises where
 5  a condition exists which might lead to the contamination of the public
 6  water supply system; or (2) to cease an activity which would result in a
 7  violation of the state primary drinking water standards; or (3) to cease an
 8  activity which results in a continuing violation of the state primary drink-
 9  ing water standards; or (4) to comply with any combination of these or-
10  ders. The supplier of water shall immediately comply with an order issued
11  by the secretary under this section.
12    (c)  Orders of the secretary under this section, and hearings thereon,
13  shall be subject to the provisions of the Kansas administrative procedure
14  act. Any action of the secretary pursuant to this section is subject to review
15  in accordance with the act for judicial review and civil enforcement of
16  agency actions. The court on review shall hear the appeal without delay.
17    Sec. 7.  K.S.A. 65-164 is hereby amended to read as follows: 65-164.
18    (a) No person, company, corporation, institution or municipality shall
19  place or permit to be placed or discharge or permit to flow into any of
20  the waters of the state any sewage, except as hereinafter provided. This
21  act shall not prevent the discharge of sewage from any public sewer sys-
22  tem owned and maintained by a municipality or sewerage company, if
23  such sewer system was in operation and was discharging sewage into the
24  waters of the state on March 20, 1907, but this exception shall not permit
25  the discharge of sewage from any sewer system that has been extended
26  subsequent to such date, nor shall it permit the discharge of any sewage
27  which, upon investigation by the secretary of health and environment as
28  hereinafter provided, is found to be polluting the waters of the state in a
29  manner prejudicial to the health of the inhabitants thereof.
30    (b)  For the purposes of this act, ``sewage'' means any substance that
31  contains any of the waste products or excrementitious or other discharges
32  from the bodies of human beings or animals, or chemical or other wastes
33  from domestic, manufacturing or other forms of industry.
34    (c)  Whenever a complaint is made to the secretary of health and
35  environment by the mayor of any city of the state, by a local health officer
36  or by a county or joint board of health, complaining of the pollution or
37  of the polluted condition of any of the waters of the state situated within
38  the county within which the city, local health officer or county or joint
39  board of health is located, it shall be the duty of the secretary of health
40  and environment to cause an investigation of the pollution or the polluted
41  condition complained of. Also, whenever the secretary of health and en-
42  vironment otherwise has reason to believe that any of the waters of the
43  state are being polluted in a manner prejudicial to the health of any of
HB 2254
                                     

 1  the inhabitants of the state, the secretary may initiate an investigation of
 2  such pollution.
 3    (d)  Whenever an investigation is undertaken by the secretary of
 4  health and environment, under subsection (c), it shall be the duty of any
 5  person, company, corporation, institution or municipality concerned in
 6  such pollution to furnish, on demand, to the secretary of health and en-
 7  vironment such information as required relative to the amount and char-
 8  acter of the polluting material discharged into the waters by such person,
 9  company, corporation, institution or municipality. If the secretary of
10  health and environment finds that any of the waters of the state have
11  been or are being polluted in a manner prejudicial to the health of any
12  of the inhabitants of the state, the secretary of health and environment
13  shall have the authority to make an order requiring: (1) Such pollution to
14  cease within a reasonable time; (2) requiring such manner of treatment
15  or of disposition of the sewage or other polluting material as, in the se-
16  cretary's judgment, is necessary to prevent the future pollution of such
17  waters; or (3) both. It shall be the duty of the person, company, corpo-
18  ration, institution or municipality to whom such order is directed to fully
19  comply with the order of the secretary of health and environment.
20    (e)  Orders of the secretary under subsection (d), and hearings
21  thereon, are subject to the provisions of the Kansas administrative pro-
22  cedure act. Any action of the secretary pursuant to subsection (d) is sub-
23  ject to review in accordance with the act for judicial review and civil
24  enforcement of agency actions. The court on review shall hear the case
25  without delay.
26    Sec. 8.  K.S.A. 65-165 is hereby amended to read as follows: 65-165.
27    (a) Upon application made to the secretary of health and environment by
28  the public authorities having by law the charge of the sewer system of
29  any municipality, township, county or legally constituted sewer district,
30  or any person, company, corporation, institution, municipality or federal
31  agency, the secretary of health and environment shall consider the case
32  of such a sewage discharge or sewer system, otherwise prohibited by this
33  act from discharging sewage into any of the waters of the state, or the
34  extension of a sewer system and whenever it is the secretary's opinion
35  that the general interests of the public health would be served thereby,
36  or that the discharge of such sewage would not detract from the quality
37  of the waters of the state for their beneficial uses for domestic or public
38  water supply, agricultural needs, industrial needs, recreational needs or
39  other beneficial use and that such discharge meets or will meet all appli-
40  cable state water quality standards and applicable federal water quality
41  and effluent standards under the provisions of the federal water pollution
42  control act and amendments thereto as in effect on January 1, 1989, the
43  secretary of health and environment shall issue a permit for the extension
HB 2254
                                     

 1  of a sewer system or for the discharge of sewage, or both, and shall stip-
 2  ulate in the permit the conditions on which such discharge will be per-
 3  mitted and shall require such treatment of the sewage as determined
 4  necessary to protect beneficial uses of the waters of the state in accor-
 5  dance with the statutes and rules and regulations defining the quality of
 6  the water affected by such discharge and may require treatment of the
 7  sewage in accordance with rules and regulations predicated upon tech-
 8  nologically based effluent limitations. Indirect dischargers shall comply
 9  with all applicable pretreatment regulations and water quality standards.
10    (b)  If, in the opinion of the secretary of health and environment,
11  issuance of general permits is more appropriate than issuance of individ-
12  ual permits, the secretary may establish, by rule and regulation, proce-
13  dures for issuance of general permits to the following sources and facilities
14  if such sources and facilities involve similar types of operations, discharge
15  the same types of wastes or engage in the same types of sludge use or
16  disposal practices, require similar monitoring requirements or require the
17  same effluent limitations, operating conditions, or standards for sewage
18  sludge use or disposal: (1) A category of point and nonpoint sources of
19  sewage such as storm water; (2) other categories of point and nonpoint
20  sources of sewage; or (3) categories of facilities treating domestic sewage.
21  Availability of general permits shall be limited to areas defined by geo-
22  graphical or political boundaries such as, but not limited to, city, county
23  or state boundaries, state or county roads and highways or natural bound-
24  aries such as drainage basins. The secretary may establish, by rule and
25  regulation, procedures for the issuance, revocation, modification and
26  change, reissuance or termination of general permits in the manner pro-
27  vided by law.
28    (c)  Every permit for the discharge of sewage shall be revocable, or
29  subject to modification and change, by the secretary of health and envi-
30  ronment, upon notice having been served on the public authorities hav-
31  ing, by law, the charge of the sewer system any municipality, township,
32  county or legally constituted sewer district or on the person, company,
33  corporation, institution, municipality or federal agency owning, maintain-
34  ing or using the sewage system. The length of time after receipt of the
35  notice within which the discharge of sewage shall be discontinued may
36  be stated in the permit, but in no case shall it be less than 30 days or
37  exceed two years; if the length of time is not specified in the permit, it
38  shall be 30 days. On the expiration of the period of time prescribed, after
39  the service of notice of revocation, modification or change from the sec-
40  retary of health and environment, the right to discharge sewage into any
41  of the waters of the state shall cease and terminate, and the prohibition
42  of this act against such discharge shall be in full force, as though no permit
43  had been granted, but a new permit may thereafter again be granted, as
HB 2254
                                     

 1  hereinbefore provided.
 2    (d)  Orders of the secretary under this section, and hearings thereon,
 3  shall be subject to the provisions of the Kansas administrative procedure
 4  act. Any action of the secretary under this section is subject to review in
 5  accordance with the act for judicial review and civil enforcement of
 6  agency actions. The court on review shall hear the case without delay.
 7    Sec. 9.  K.S.A. 1996 Supp. 65-526 is hereby amended to read as fol-
 8  lows: 65-526. The secretary of health and environment, in addition to any
 9  other penalty prescribed under article 5 of chapter 65 of the Kansas Stat-
10  utes Annotated, or acts amendatory of the provisions thereof or supple-
11  mental thereto, may assess a civil fine, after proper notice and an oppor-
12  tunity to be heard in accordance with the Kansas administrative
13  procedure act, against a licensee or registrant for a violation of such pro-
14  visions or rules and regulations adopted pursuant thereto which affect
15  significantly and adversely the health, safety or sanitation of children in a
16  child care facility or family day care home. A civil fine assessed under this
17  section shall not exceed $500. All fines assessed and collected under this
18  section shall be remitted promptly to the state treasurer. Upon receipt
19  thereof, the state treasurer shall deposit the entire amount in the state
20  treasury and credit it to the state general fund.
21    Sec. 10.  K.S.A. 65-3483 is hereby amended to read as follows: 65-
22  3483. (a) If, within 150 days after receipt of an application, the secretary
23  has not denied the application, the secretary shall notify the board of
24  county commissioners and the governing bodies of all cities located within
25  a ten-mile radius of the proposed facility. The secretary also shall notify
26  the state corporation commission and the secretary of wildlife and parks
27  of the proposed facility.
28    (b)  If the secretary determines that such application should be ap-
29  proved, the secretary shall immediately notify the county commissioners
30  and the governing bodies of all cities located within a ten-mile radius of
31  the proposed facility.
32    (c)  Within 10 days after the secretary has determined that such ap-
33  plication should be approved, the secretary shall:
34    (1)  Set a date and arrange for publication of notice of a public hearing
35  in a newspaper having major circulation in the vicinity of the proposed
36  facility. Such hearing shall be in the county in which the proposed facility
37  will be located. Additional hearings may be held at such other places as
38  the secretary deems suitable. At such hearing or hearings, the applicant
39  may present testimony in favor of the application. Any person may appear
40  or be represented by counsel to present testimony in support of or op-
41  position to the application. The public notice shall:
42    (A)  Contain a map indicating the location of the proposed facility, a
43  description of the proposed action and the location where the application
HB 2254
                                     

 1  may be reviewed and where copies may be obtained.
 2    (B)  Identify the time, place and location for the public hearing held
 3  to receive public comment and input on the application.
 4    (2)  Publish the notice not less than 30 days before the date of the
 5  public hearing.
 6    (d)  Comment and input on the proposed facility may be presented
 7  orally or in writing at the public hearing, and shall continue to be accepted
 8  in writing by the secretary for 15 days after the public hearing date.
 9    (e)  The secretary shall consider the impact of the proposed facility
10  on the surrounding area in which it is to be located and make a final
11  determination on the application.
12    (f)  The secretary shall consider, at a minimum:
13    (1)  The risk and impact of accident during the transportation of PCB;
14    (2)  the risk and impact of contamination of ground and surface water
15  by leaching and runoff from the proposed facility;
16    (3)  the risk of fires or explosions from improper storage and disposal
17  methods;
18    (4)  the impact on the surrounding area where the proposed facility
19  is to be located in terms of the health, safety, cost and consistency with
20  local planning and existing development. The secretary also shall consider
21  local ordinances, permits or other requirements and their potential re-
22  lationship to the proposed facility;
23    (5)  an evaluation of measures to mitigate adverse effects;
24    (6)  the nature of the probable environmental impact including the
25  specification of the predictable adverse effects on the following:
26    (A)  The natural environment and ecology;
27    (B)  public health and safety;
28    (C)  scenic, historic, cultural and recreational value; and
29    (D)  water and air quality and wildlife.
30    (g)  The secretary also shall consider the concerns and objections sub-
31  mitted by the public. The secretary shall facilitate efforts to provide that
32  the concerns and objections are mitigated by establishing additional stip-
33  ulations specifically applicable to the proposed site and operation at that
34  site. The secretary, to the fullest extent practicable, shall integrate by
35  stipulation the provisions of the local ordinances, permits or require-
36  ments.
37    (h)  The secretary may seek the advice, which shall be given in writing
38  and entered into the public record of the public hearing, of any person
39  in order to render a decision to approve or deny the application.
40    (i)  The public hearing required under subsection (c) shall be con-
41  ducted in accordance with the provisions of the Kansas administrative
42  procedure act.
43    Sec. 11.  K.S.A. 65-3488 is hereby amended to read as follows: 65-
HB 2254
                                     

 1  3488. (a) Permits for PCB disposal facilities shall be issued for fixed terms
 2  not to exceed 10 years.
 3    (b)  Plans, designs and relevant data for the construction of PCB dis-
 4  posal facilities shall be prepared by a professional engineer licensed to
 5  practice in Kansas and shall be submitted to the department for approval
 6  prior to the construction, modification or operation of such a facility.
 7    (c)  Permits granted by the secretary, as provided in this act, shall be
 8  revocable or subject to suspension whenever the secretary determines
 9  that the PCB disposal facility is, or has been constructed in violation of
10  this act or the rules and regulations or standards adopted pursuant to the
11  act, or is creating a hazard to the public health or safety or to the envi-
12  ronment, or for failure to make payment of any fee to any funds created
13  under this act.
14    (d)  In case any permit is denied, suspended or revoked any person
15  aggrieved by such decision may request a hearing before the secretary in
16  the same manner provided by K.S.A. 65-3440, and amendments thereto.
17  Such hearings shall be conducted in accordance with the Kansas admin-
18  istrative procedure act.
19    Sec. 12.  K.S.A. 65-3490 is hereby amended to read as follows: 65-
20  3490. (a) The secretary or the director of the division of environment, if
21  designated by the secretary, upon a finding that a person has violated any
22  provision of this act or any rule and regulation adopted by the secretary
23  pursuant to this act may impose a penalty not to exceed $10,000 which
24  shall constitute an actual and substantial economic deterrent to the vio-
25  lation for which it is assessed and, in the case of a continuing violation,
26  every day such violation continues shall be deemed a separate violation.
27    (b)  No penalty shall be imposed pursuant to this section except after
28  notice of violation and opportunity for hearing upon the written order of
29  the secretary or the director of the division of environment, if designated
30  by the secretary, to the person who committed the violation. The order
31  shall state the violation, the penalty to be imposed and, in the case of an
32  order of the director of the division of environment, the right to appeal
33  to the secretary for a hearing thereon. Any person may appeal an order
34  of the director of the division of environment by making a written request
35  to the secretary for a hearing within 15 days of receipt service of such
36  order. The secretary shall hear the person within 30 days after receipt of
37  such request, unless such time period is waived or extended by written
38  consent of all parties or by a showing of good cause, and shall give not
39  less than 10 days' written notice of the time and place of the hearing.
40  Within 30 days after such hearing and receipt of briefs or oral arguments,
41  unless such time period is waived or extended by written consent of all
42  parties or by a showing of good cause, the secretary shall affirm, reverse
43  or modify the order of the director and shall specify the reasons therefor.
HB 2254
                                     

 1  Nothing in this act shall require the observance of formal rules of evi-
 2  dence or pleading at any hearing before the secretary or director. Hear-
 3  ings under this subsection shall be conducted in accordance with the Kan-
 4  sas administrative procedure act.
 5    (c)  Any party aggrieved by an order under this section shall have the
 6  right of appeal in the same manner provided by K.S.A. 65-3440, and
 7  amendments thereto may obtain review of such order in accordance with
 8  the act for judicial review and civil enforcement of agency actions.
 9    Sec. 13.  K.S.A. 75-3306 is hereby amended to read as follows: 75-
10  3306. (a) The secretary of social and rehabilitation services, except as set
11  forth in the Kansas administrative procedure act and subsections (f), (g),
12    (h) and (i), shall provide a fair hearing for any person who is an applicant,
13  client, inmate, other interested person or taxpayer who appeals from the
14  decision or final action of any agent or employee of the secretary. The
15  hearing shall be conducted in accordance with the provisions of the Kan-
16  sas administrative procedure act.
17    It shall be the duty of the secretary of social and rehabilitation services
18  to have available in all intake offices, during all office hours, forms for
19  filing complaints for hearings, and appeal forms with which to appeal from
20  the decision of the agent or employee of the secretary. The forms shall
21  be prescribed by the secretary of social and rehabilitation services and
22  shall have printed on or as a part of them the basic procedure for hearings
23  and appeals prescribed by state law and the secretary of social and re-
24  habilitation services.
25    (b)  The secretary of social and rehabilitation services shall have au-
26  thority to investigate (1) any claims and vouchers and persons or busi-
27  nesses who provide services to the secretary of social and rehabilitation
28  services or to welfare recipients, (2) the eligibility of persons to receive
29  assistance and (3) the eligibility of providers of services.
30    (c)  The secretary of social and rehabilitation services shall have au-
31  thority, when conducting investigations as provided for in this section, to
32  issue subpoenas; compel the attendance of witnesses at the place desig-
33  nated in this state; compel the production of any records, books, papers
34  or other documents considered necessary; administer oaths; take testi-
35  mony; and render decisions. If a person refuses to comply with any sub-
36  poena issued under this section or to testify to any matter regarding which
37  the person may lawfully be questioned, the district court of any county,
38  on application of the secretary, may issue an order requiring the person
39  to comply with the subpoena and to testify, and any failure to obey the
40  order of the court may be punished by the court as a contempt of court.
41  Unless incapacitated, the person placing a claim or defending a privilege
42  before the secretary shall appear in person or by authorized representa-
43  tive and may not be excused from answering questions and supplying
HB 2254
                                     

 1  information, except in accordance with the person's constitutional rights
 2  and lawful privileges.
 3    (d)  The presiding officer may close any portion of a hearing con-
 4  ducted under the Kansas administrative procedure act when matters
 5  made confidential, pursuant to federal or state law or regulation are under
 6  consideration.
 7    (e)  Except as provided in subsection (d) of K.S.A. 77-511 and amend-
 8  ments thereto and notwithstanding the other provisions of the Kansas
 9  administrative procedure act, the secretary may enforce any order prior
10  to the disposition of a person's application for an adjudicative proceeding
11  unless prohibited from such action by federal or state statute, regulation
12  or court order.
13    (f)  Decisions relating to the administration of the support enforce-
14  ment program set forth in K.S.A. 39-753 et seq. and amendments thereto
15  except for federal debt set-off activities shall be exempt from the provi-
16  sions of the Kansas administrative procedure act and subsection (a).
17    (g)  Decisions relating to administrative disqualification hearings shall
18  be exempt from the provisions of the Kansas administrative procedure
19  act and subsection (a).
20    (h)  The department of social and rehabilitation services shall not have
21  jurisdiction to determine the facial validity of a state or federal statute.
22  The administrative hearings section of the department of social and re-
23  habilitation services An administrative law judge from the office of ad-
24  ministrative hearings shall not have jurisdiction to determine the facial
25  validity of an agency rule and regulation.
26    (i)  The department of social and rehabilitation services shall not be
27  required to provide a hearing if: (1) The department of social and reha-
28  bilitation services lacks jurisdiction of the subject matter; (2) resolution
29  of the matter does not require the department of social and rehabilitation
30  services to issue an order that determines the applicant's legal rights,
31  duties, privileges, immunities or other legal interests; (3) the matter was
32  not timely submitted to the department of social and rehabilitation serv-
33  ices pursuant to regulation or other provision of law; or (4) the matter
34  was not submitted in a form substantially complying with any applicable
35  provision of law.
36    Sec. 14.  K.S.A. 1996 Supp. 77-514 is hereby amended to read as
37  follows: 77-514. (a) The agency head or, one or more members of the
38  agency head, an administrative law judge assigned by the office of ad-
39  ministrative hearings, or, unless prohibited by section 3 and amendments
40  thereto, one or more other persons designated by the agency head may
41  be the presiding officer.
42    (b)  Any person serving or designated to serve alone or with others as
43  presiding officer is subject to disqualification for administrative bias, prej-
HB 2254
                                     

 1  udice or interest.
 2    (c)  Any party may petition for the disqualification of a person
 3  promptly after receipt of notice indicating that the person will preside or
 4  promptly upon discovering facts establishing grounds for disqualification,
 5  whichever is later.
 6    (d)  A person whose disqualification is requested shall determine
 7  whether to grant the petition, stating facts and reasons for the determi-
 8  nation.
 9    (e)  If a substitute is required for a person who is disqualified or be-
10  comes unavailable for any other reason, any action taken by a duly ap-
11  pointed substitute for a disqualified or unavailable person is as effective
12  as if taken by the latter.
13    (f)  A If the office of administrative hearings cannot provide a presid-
14  ing officer, a state agency may enter into agreements with another state
15  agency to provide hearing presiding officers to conduct proceedings un-
16  der this act or for other agency proceedings.
17    (g)  Notwithstanding any quorum requirements, if the agency head of
18  a professional or occupational licensing agency is a body of individuals,
19  the agency head, unless prohibited by law, may designate one or more
20  members of the agency head to serve as presiding officer and to render
21  a final order in the proceeding.
22    Sec. 15.  K.S.A. 77-518 is hereby amended to read as follows: 77-518.
23    (a) The state agency presiding officer for the hearing shall set the time
24  and place of the hearing and give reasonable written notice at least 10
25  days prior to the hearing to all parties and to all persons who have filed
26  written petitions to intervene in the matter. Service of notices shall be
27  made in accordance with K.S.A. 77-531 and amendments thereto.
28    (b)  The notice shall include a copy of any prehearing order rendered
29  in the matter.
30    (c)  To the extent not included in a prehearing order accompanying
31  it, the notice shall include:
32    (1)  The names and mailing addresses of all parties and other persons
33  to whom notice is being given by the presiding officer;
34    (2)  the name, official title, mailing address and telephone number of
35  any counsel or employee who has been designated to appear for the state
36  agency;
37    (3)  the official file or other reference number, the name of the pro-
38  ceeding and a general description of the subject matter;
39    (4)  a statement of the time, place and nature of the hearing;
40    (5)  a statement of the legal authority and jurisdiction under which
41  the hearing is to be held;
42    (6)  the name, official title, mailing address and telephone number of
43  the presiding officer;
HB 2254
                                     

 1    (7)  a statement of the issues involved and, to the extent known to the
 2  presiding officer, of the matters asserted by the parties; and
 3    (8)  a statement that a party who fails to attend or participate in a
 4  prehearing conference, hearing or other stage of an adjudicative pro-
 5  ceeding may be held in default under this act.
 6    (d)  The notice may include any other matters the presiding officer
 7  considers desirable to expedite the proceedings.
 8    (e)  The state agency shall cause notice to be given to persons entitled
 9  to notice under any provision of law who have not been given notice under
10  subsection (a) by the presiding officer. Notice under this subsection shall
11  be given in the manner specified by such provision of law or, if no such
12  manner is specified, in a manner to be determined by the agency. If a
13  person other than the agency is directed to give notice under this sub-
14  section, the agency shall require that the person furnish proof that the
15  notice has been given. Notice under this subsection may include all types
16  of information provided in subsections (a) through (d) or may consist of
17  a brief statement indicating the subject matter, parties, time, place and
18  nature of the hearing, manner in which copies of the notice to the parties
19  may be inspected and copied and name and telephone number of the
20  presiding officer.
21    Sec. 16.  K.S.A. 1996 Supp. 77-527 is hereby amended to read as
22  follows: 77-527. (a) The agency head, upon its own motion may, and upon
23  petition by any party or when required by law shall, review an initial order,
24  except to the extent that:
25    (1)  A provision of law precludes or limits state agency review of the
26  initial order; or
27    (2)  the agency head (A) determines to review some but not all issues,
28  or not to exercise any review, (B) delegates its authority to review the
29  initial order to one or more persons, unless such delegation is expressly
30  prohibited by law, or (C) authorizes one or more persons to review the
31  initial order, subject to further review by the agency head.
32    (b)  A petition for review of an initial order must be filed with the
33  agency head, or with any person designated for this purpose by rule and
34  regulation of the state agency, within 15 days after service of the initial
35  order. If the agency head on its own motion decides to review an initial
36  order, the agency head shall give written notice of its intention to review
37  the initial order within 15 days after its service. If the agency head de-
38  termines not to review an initial order in response to a petition for review,
39  the agency head shall, within 20 days after filing of the petition for review,
40  serve on each party an order stating that review will not be exercised.
41    (c)  The petition for review shall state its basis. If the agency head on
42  its own motion gives notice of its intent to review an initial order, the
43  agency head shall identify the issues that it intends to review.
HB 2254
                                     

 1    (d)  In reviewing an initial order, the agency head or designee shall
 2  exercise all the decision-making power that the agency head or designee
 3  would have had to render a final order had the agency head or designee
 4  presided over the hearing, except to the extent that the issues subject to
 5  review are limited by a provision of law or by the agency head or designee
 6  upon notice to all parties.
 7    (e)  The agency head or designee shall afford each party an opportu-
 8  nity to present briefs and may afford each party an opportunity to present
 9  oral argument.
10    (f)  The agency head or designee shall render a final order disposing
11  of the proceeding or remand the matter for further proceedings with
12  instructions to the person who rendered the initial order. Upon remand-
13  ing a matter, the agency head or designee may order such temporary
14  relief as is authorized and appropriate.
15    (g)  A final order or an order remanding the matter for further pro-
16  ceedings shall be rendered in writing and served within 30 days after
17  receipt of briefs and oral argument unless that period is waived or ex-
18  tended with the written consent of all parties or for good cause shown.
19    (h)  A final order or an order remanding the matter for further pro-
20  ceedings under this section shall identify any difference between this
21  order and the initial order and shall state the facts of record which support
22  any difference in findings of fact, state the source of law which supports
23  any difference in legal conclusions, and state the policy reasons which
24  support any difference in the exercise of discretion. A final order under
25  this section shall include, or incorporate by express reference to the initial
26  order, all the matters required by subsection (c) of K.S.A. 77-526, and
27  amendments thereto.
28    (i)  The agency head shall cause copies of the final order or order
29  remanding the matter for further proceedings to be served on each party
30  in the manner prescribed by K.S.A. 77-531, and amendments thereto.
31    (j)  Unless a petition for reconsideration is a prerequisite for seeking
32  judicial review, a final order under this section shall state the agency
33  officer to receive service of a petition for judicial review on behalf of the
34  agency.
35    Sec. 17.  K.S.A. 79-3313 is hereby amended to read as follows: 79-
36  3313. All cigarettes sold in this state shall be in packages, and each of the
37  packages shall bear evidence of payment of the tax thereon except that
38  any railroad or sleeping car company licensed as a retailer is hereby au-
39  thorized to sell cigarettes upon its cars without affixing stamps to the
40  packages of cigarettes provided that monthly reports and payment of the
41  tax due is made directly to the director in the manner and under the
42  terms provided for by the director. In addition, manufacturers are hereby
43  authorized to distribute in the state, through their authorized represen-
HB 2254
                                     

 1  tatives or wholesale dealers, free sample packages of cigarettes containing
 2  less than 20 cigarettes without affixing stamps to the packages provided
 3  that monthly reports and payment of a tax at the rates prescribed by law
 4  are made directly to the director. No wholesale dealer or manufacturers'
 5  authorized representatives shall sell or distribute cigarettes, except free
 6  sample packages, to any person in the state of Kansas not holding a de-
 7  aler's license as provided in this act. Such packages of sample cigarettes
 8  shall bear the word ``sample'' or ``not for sale'' and ``state tax paid'' in
 9  letters easily read.
10    Whenever the director shall have reason to believe that any manufac-
11  turer has violated the provisions of this section or the conditions provided
12  by the director, the director shall conduct a hearing thereon in accordance
13  with the provisions of the Kansas administrative procedure act in the
14  office of the director at Topeka. If upon the basis of such hearing it
15  appears to the satisfaction of the director that such manufacturer has
16  violated any of the provisions of this section or the conditions provided
17  by the director, the director is hereby authorized to suspend or revoke
18  the authorization to the manufacturer for such period as the director
19  determines is necessary but in no case for more than one year.
20    Sec. 18.  K.S.A. 65-163a, 65-164, 65-165, 65-3483, 65-3488, 65-3490,
21  75-3306, 77-518 and 79-3313 and K.S.A. 1996 Supp. 44-1005, 65-163,
22  65-526, 77-514 and 77-527 are hereby repealed.
23    Sec. 19.  This act shall take effect and be in force from and after
24  January 1, 1998, and its publication in the statute book.