Session of 1998
                   
SENATE BILL No. 534
         
By Committee on Public Health and Welfare
         
1-28
            9             AN ACT abolishing the behavioral sciences regulatory board; transferring
10             the powers, duties and functions thereof to the secretary of health and
11             environment.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. (a) The behavioral sciences regulatory board created un-
15       der K.S.A. 1997 Supp. 74-7501 is hereby abolished, and all of the powers,
16       duties and functions of the behavioral sciences regulatory board are
17       hereby transferred to and conferred and imposed upon the secretary of
18       health and environment.
19           (b) The secretary of health and environment shall be a continuation
20       of the behavioral sciences regulatory board and shall be the successor in
21       every way to the powers, duties and functions of the behavioral sciences
22       regulatory board in which the same were vested prior to the effective date
23       of this act. Every act performed in the exercise of such powers, duties
24       and functions by or under the authority of the secretary of health and
25       environment shall be deemed to have the same force and effect as if
26       performed by the behavioral sciences regulatory board in which such
27       functions were vested prior to the effective date of this act.
28           (c) Whenever the behavioral sciences regulatory board, or words of
29       like effect, is referred to or designated by a statute, contract or other
30       document, such reference or designation shall be deemed to apply to the
31       secretary of health and environment.
32           (d) All rules and regulations of the behavioral sciences regulatory
33       board in existence on the effective date of this act shall continue in force
34       and effect and shall be deemed to be duly adopted rules and regulations
35       of the secretary of health and environment, until revised, amended, re-
36       voked or nullified pursuant to law.
37           (e) All orders and directives of the behavioral sciences regulatory
38       board in existence on the effective date of this act shall continue in force
39       and effect and shall be deemed to be duly issued orders and directives
40       of the secretary of health and environment, until revised, amended or
41       nullified pursuant to law.
42           (f) Except as otherwise provided by this act, whenever the executive
43       director or the chairperson of the board of the behavioral sciences, or

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  1       words of like effect, is referred to or designated by a statute, contract or
  2       other document, such reference or designation shall be deemed to apply
  3       to the secretary of health and environment.
  4           Sec. 2. Except as otherwise provided in this act, on July 1, 1998,
  5       officers and employees who, immediately prior to such date, were en-
  6       gaged in the performance of powers, duties or functions of the behavioral
  7       sciences regulatory board which are transferred by this act to the secretary
  8       of health and environment, and who, in the opinion of the secretary of
  9       health and environment, are necessary to perform the powers, duties and
10       functions transferred by this act shall be transferred to, and shall become
11       officers and employees of the department of health and environment.
12       Any such officer or employee shall retain all retirement benefits and all
13       rights of civil service which had accrued to or vested in such officer or
14       employee prior to the effective date of this act. The service of each such
15       officer and employee so transferred shall be deemed to have been con-
16       tinuous. All transfers and any abolition of personnel positions in the clas-
17       sified service under the Kansas civil service act shall be in accordance
18       with civil service laws and any rules and regulations adopted thereunder.
19           Sec. 3. On and after July 1, 1998:
20           (a) When any conflict arises as to the disposition of any power, func-
21       tion or duty or the unexpended balance of any appropriation as a result
22       of any abolition, transfer, attachment or change made by or under au-
23       thority of this act, such conflict shall be resolved by the governor, whose
24       decision shall be final.
25           (b) The secretary of health and environment shall succeed to all prop-
26       erty and records which were used for or pertain to the performance of
27       the powers, duties and functions transferred to the secretary of health
28       and environment under this act. Any conflict as to the proper disposition
29       of property or records arising under this section, and resulting from the
30       transfer or attachment of any state agency, or all or part of the powers,
31       duties and functions thereof, shall be determined by the governor, whose
32       decision shall be final.
33           Sec. 4. On and after July 1, 1998:
34           (a) The secretary of health and environment shall have the legal cus-
35       tody of all records, memoranda, writings, entries, prints, representations
36       or combinations thereof of any act, transaction, occurrence or event of
37       the behavioral sciences regulatory board.
38           (b) No suit, action or other proceeding, judicial or administrative,
39       lawfully commenced, or which could have been commenced, by or against
40       any state agency mentioned in this act, or by or against any officer of the
41       state in such officer's official capacity or in relation to the discharge of
42       such officer's official duties, shall abate by reason of the governmental
43       reorganization effected under the provisions of this act. The court may

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  1       allow any such suit, action or other proceeding to be maintained by or
  2       against the successor of any such state agency or any officer affected.
  3           (c) No criminal action commenced or which could have been com-
  4       menced by the state shall abate by the taking effect of this act.
  5           Sec. 5. (a) On and after July 1, 1998, the balance of all funds appro-
  6       priated and reappropriated to the behavioral sciences regulatory board is
  7       hereby transferred to the department of health and environment in ac-
  8       cordance with this act and shall be used only for the purpose for which
  9       the appropriation was originally made.
10           (b) On and after July 1, 1998, the liability for all accrued compensa-
11       tion or salaries of officers and employees who, immediately prior to such
12       date, were engaged in the performance of powers, duties or functions of
13       the behavioral sciences regulatory board shall be assumed and paid by te
14       department of health and environment.
15           Sec. 6. This act shall take effect and be in force from and after its
16       publication in the statute book.
17