As Amended by House Committee
         
Session of 1999
         
HOUSE BILL No. 2077
         
By Committee on Federal and State Affairs
         
1-21
         
10             AN  ACT concerning the department of health and environment; creating
11             the department of health and the department of environment; provid-
12             ing for the powers, duties and functions thereof; also repealing
13             K.S.A. 75-5601, 75-5602, 75-5603, 75-5604, 75-5605, 75-5606,
14             75-5607, 75-5608, 75-5609, 75-5610, 75-5611, 75-5612, 75-5613,
15             75-5617, 75-5618, 75-5619, 75-5620, 75-5621, 75-5622, 75-5623,
16             75-5624, 75-5626, 75-5627, 75-5628, 75-5637, 75-5638, 75-5639,
17             75-5640, 75-5641, 75-5642, 75-5643, 75-5644, 75-5645, 75-5646,
18             75-5647, 75-5648, 75-5649, 75-5655, 75-5657, 75-5660, 75-5611
19             and 75-5662.
20      
21       Be it enacted by the Legislature of the State of Kansas:
22             Section  1. In order to reorganize the administration and regulation
23       of the state's policies related to public health, there is hereby established
24       within the executive branch of government, the Kansas department of
25       health.
26             Sec.  2. The Kansas department of health shall be administered under
27       the direction and supervision of a secretary of health, who shall be ap-
28       pointed by the governor subject to confirmation by the senate as provided
29       in K.S.A. 75-4315b, and amendments thereto. The secretary shall serve
30       at the pleasure of the governor. The secretary of health shall be in the
31       unclassified service under the Kansas civil service act and shall receive an
32       annual salary fixed by the governor.
33             Sec.  3. The secretary of health may appoint assistant secretaries and,
34       a chief attorney and other staff attorneys who shall serve at the pleasure
35       of the secretary. The assistant secretaries and chief attorney, a chief at-
36       torney and other staff attorneys shall be in the unclassified service
37       under the Kansas civil service act and shall receive annual salaries fixed
38       by the secretary and approved by the governor. The secretary of health
39       also may appoint such other staff assistants, attorneys and employees nec-
40       essary to enable the secretary to carry out the duties of the office. Such
41       other staff assistants, attorneys and employees shall be in the classified
42       service under the Kansas civil service act. Assistant secretaries, other staff
43       assistants and employees shall have powers, duties and functions as are

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  1       assigned to them by the secretary or as prescribed by law. The assistant
  2       secretaries, staff assistants and employees shall act for and exercise the
  3       powers of the secretary of health to the extent authority to do so is del-
  4       egated by the secretary of health as provided by law. The secretary of
  5       health may appoint one public information officer, one personal secretary
  6       and one special assistant who shall be in the unclassified service under
  7       the Kansas civil service act and shall receive compensation fixed by the
  8       secretary of health and approved by the governor.
  9             Sec.  4. In order to reorganize the administration and regulation of
10       the state's policies related to the environment, there is hereby established
11       within the executive branch of government, the Kansas department of
12       environment.
13             Sec.  5. The Kansas department of environment shall be adminis-
14       tered under the direction and supervision of a secretary of environment,
15       who shall be appointed by the governor subject to confirmation by the
16       senate as provided in K.S.A. 75-4315b, and amendments thereto. The
17       secretary shall serve at the pleasure of the governor. The secretary of
18       environment shall be in the unclassified service under the Kansas civil
19       service act and shall receive an annual salary fixed by the governor.
20             Sec.  6. The secretary of environment may appoint assistant secretar-
21       ies and a chief attorney, a chief attorney and other staff attorneys
22       who shall serve at the pleasure of the secretary. The assistant secretaries
23       and chief attorney, a chief attorney and other staff attorneys shall be
24       in the unclassified service under the Kansas civil service act and shall
25       receive annual salaries fixed by the secretary and approved by the gov-
26       ernor. The secretary of environment also may appoint such other staff
27       assistants, attorneys and employees necessary to enable the secretary to
28       carry out the duties of the office. Such other staff assistants, attorneys
29       and employees shall be in the classified service under the Kansas civil
30       service act. Assistant secretaries, other staff assistants and employees shall
31       have powers, duties and functions as are assigned to them by the secretary
32       or as prescribed by law. The assistant secretaries, staff assistants and em-
33       ployees shall act for and exercise the powers of the secretary of environ-
34       ment to the extent authority to do so is delegated by the secretary of
35       environment as provided by law. The secretary of environment may ap-
36       point one public information officer, one personal secretary and one spe-
37       cial assistant who shall be in the unclassified service under the Kansas
38       civil service act and shall receive compensation fixed by the secretary of
39       environment and approved by the governor.
40             Sec.  7. The Kansas department of health and environment and the
41       secretary of health and environment created by K.S.A. 75-5601, and
42       amendments thereto, are hereby abolished.
43             Sec.  8. (a) The division of health established pursuant to K.S.A. 75-

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  1       5603, and amendments thereto, and the position of director of the division
  2       of health are hereby abolished.
  3             (b) Except as otherwise provided by this act, all of the powers, duties
  4       and functions of the existing division of health and the existing director
  5       of the division of health are hereby transferred to and conferred and
  6       imposed upon the secretary of health established by this act.
  7             Sec.  9. (a) The division of environment established pursuant to
  8       K.S.A. 75-5605, and amendments thereto, and the position of director of
  9       the division of environment are hereby abolished.
10             (b) Except as otherwise provided by this act, all of the powers, duties
11       and functions of the existing division of environment and the existing
12       director of the division of environment are hereby transferred to and
13       conferred and imposed upon the secretary of environment established by
14       this act.
15             Sec.  10. Except as otherwise provided by this act, whenever the Kan-
16       sas department of health and environment or words of like effect is re-
17       ferred to or designated by a statute, contract or other document, such
18       reference or designation shall be deemed to apply to the Kansas depart-
19       ment of health or the Kansas department of environment as established
20       by this act. If any conflict arises as to whether the department of health
21       or department of environment is being designated or referenced, such
22       conflict shall be resolved by the governor whose decision shall be final.
23             Sec.  11. All rules and regulations of the secretary of health and en-
24       vironment in existence on the effective date of this act shall continue to
25       be effective and shall be deemed to be duly adopted rules and regulations
26       of the secretary of health or the secretary of environment established by
27       this act until amended or revoked pursuant to law. The determination of
28       which rules and regulations shall be administered by the secretary of
29       health or the secretary of environment shall be made based upon the
30       terms of this act. If any conflict arises as to the responsibility for enforce-
31       ment or administration of rules and regulations of the secretary of health
32       and environment, such conflict shall be resolved by the governor whose
33       decision shall be final.
34             Sec.  12. All certificates, permits, licenses, orders and directives of the
35       Kansas department of health and environment or the secretary of health
36       and environment in existence on the effective date of this act shall con-
37       tinue to be effective and shall be deemed to be the certificates, permits,
38       licenses, orders and directives of either the secretary of health or the
39       secretary of environment until amended or revoked pursuant to law. The
40       determination as to whether the certificates, permits, licenses, orders and
41       directives of the Kansas department of health and environment or the
42       secretary of health and environment shall be the responsibility of the
43       secretary of health or the secretary of environment shall be determined

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  1       pursuant to the provisions of this act. If any conflict arises as to the re-
  2       sponsibility for such certificates, permits, licenses, orders and directives,
  3       the conflict shall be resolved by the governor whose decision shall be
  4       final.
  5             Sec.  13. The Kansas department of health and the Kansas depart-
  6       ment of environment and the secretary of health and the secretary of
  7       environment established by this act respectively shall be continuations of
  8       the Kansas department of health and environment, the secretary of health
  9       and environment, the director of the division of health and the director
10       of the division of environment.
11             Sec.  14. Except as otherwise provided in this act, on the effective
12       date of this act officers and employees who, immediately prior to such
13       date, were engaged in the performance of powers, duties or functions of
14       any state agency or office which is abolished by this act or which becomes
15       a part of the department of health or the powers, duties and functions of
16       which are transferred to the secretary of health and who in the opinion
17       of the secretary of health are necessary to perform the powers, duties and
18       functions of the Kansas department of health shall be transferred to and
19       shall become officers and employees of the Kansas department of health.
20       Any such officer or employee shall retain all retirement benefits and all
21       rights of civil service which have accrued to or vested in such officer or
22       employee prior to the effective date of this act. The service of each such
23       officer and employee so transferred shall be deemed to have been con-
24       tinuous. If a conflict arises as to whether an officer or employee shall be
25       assigned to the Kansas department of health or the Kansas department
26       of environment, such conflict shall be resolved by the governor whose
27       decision shall be final.
28             Sec.  15. Except as otherwise provided in this act, on the effective
29       date of this act officers and employees who, immediately prior to such
30       date, were engaged in the performance of powers, duties or functions of
31       any state agency or office which is abolished by this act or which becomes
32       a part of the department of environment or the powers, duties and func-
33       tions of which are transferred to the secretary of environment and who
34       in the opinion of the secretary of environment are necessary to perform
35       the powers, duties and functions of the Kansas department of environ-
36       ment shall be transferred to and shall become officers and employees of
37       the Kansas department of environment. Any such officer or employee
38       shall retain all retirement benefits and all rights of civil service which have
39       accrued to or vested in such officer or employee prior to the effective
40       date of this act. The service of each such officer and employee so trans-
41       ferred shall be deemed to have been continuous. If a conflict arises as to
42       whether an officer or employee shall be assigned to the Kansas depart-
43       ment of health or the Kansas department of environment, such conflict

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  1       shall be resolved by the governor whose decision shall be final.
  2             Sec.  16. Except as provided in this act, the Kansas department of
  3       health shall succeed to all contracts, property, property rights and records
  4       which were used for or pertain to the performance of the powers, duties
  5       and functions transferred to the secretary of health. Except as provided
  6       in this act, the Kansas department of environment shall succeed to all
  7       contracts, property, property rights and records which were used for or
  8       pertain to the performance of the powers, duties and functions trans-
  9       ferred to the secretary of environment. If any conflict as to the proper
10       disposition of contracts, property, property rights or records arising under
11       this act and resulting from the transfer, attachment or abolition of any
12       state agency or office or all or part of the powers, duties and functions,
13       such conflict shall be resolved by the governor whose decision shall be
14       final.
15             Sec.  17. (a) No suit, action or other proceeding, judicial or admin-
16       istrative, lawfully commenced or which could have been commenced by
17       or against any state agency abolished in this act or by or against any officer
18       of the state in such officer's official capacity or in relation to the discharge
19       of such officer's official duties shall abate by reason of the governmental
20       reorganization under the provisions of this act. The court may allow any
21       such suit, action or other proceeding to be maintained by or against the
22       successor of such state agency or any officer affected.
23             (b) No criminal action commenced or which could have been com-
24       menced by the state shall abate by reason of the governmental reorgan-
25       ization under the provisions of this act.
26             Sec.  18. (a) On the effective date of this act, the balance of all funds
27       appropriated and reappropriated to any state agency abolished by this act
28       is hereby transferred to either the Kansas department of health or the
29       Kansas department of environment and shall be used only for the purpose
30       for which the appropriation was originally made. The determination of
31       whether particular funds shall be transferred to the department of health
32       or to the department of environment shall be made pursuant to the terms
33       of this act. If any conflict arises as to the proper disposition of funds, such
34       conflict shall be resolved by the governor whose decision shall be final.
35             (b) On the effective date of this act, the liability for all accrued com-
36       pensation or salaries of officers and employees who, immediately prior to
37       such date, were engaged in the performance of powers, duties or func-
38       tions of any state agency or office abolished by this act or which becomes
39       a part of the Kansas department of health or the Kansas department of
40       environment established by this act or the powers, duties and functions
41       which are transferred to the secretary of health or the secretary of envi-
42       ronment provided for by this act shall be assumed and paid by the Kansas
43       department of health or the Kansas department of environment. The

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  1       determination as to which department shall be liable for particular ac-
  2       crued compensation or salaries shall be made pursuant to the terms of
  3       this act. If any conflict arises as to which agency shall be responsible for
  4       particular accrued compensation or salaries, such conflict shall be re-
  5       solved by the governor whose decision shall be final.
  6             Sec.  19. The secretary of health may organize the department of
  7       health in the manner deemed most efficient, so long as the same is not
  8       in conflict with law. The assistant secretaries, division heads and staff
  9       assistants and employees shall perform such duties and exercise such
10       powers as prescribed by law and such other duties as the secretary of
11       health prescribes. Such assistant secretaries and division heads shall act
12       for, and exercise the powers of the secretary of health to the extent au-
13       thority to do so is delegated by the secretary of health. Personnel of each
14       division shall perform such duties and exercise such powers as the assis-
15       tant secretary or the head of the division may prescribe and such duties
16       and powers as prescribed by law. Personnel of each division shall act for,
17       and exercise the powers of their assistant secretary or division head to
18       the extent authority to do so is delegated by the assistant secretary or
19       division head.
20             Sec.  20. The secretary of environment may organize the department
21       of environment in the manner deemed most efficient, so long as the same
22       is not in conflict with law. The assistant secretaries, division heads and
23       staff assistants and employees shall perform such duties and exercise
24       such powers as prescribed by law and such other duties as the secretary
25       of environment prescribes. Such assistant secretaries and division heads
26       shall act for, and exercise the powers of the secretary of environment to
27       the extent authority to do so is delegated by the secretary of environment.
28       Personnel of each division shall perform such duties and exercise such
29       powers as the assistant secretary or the head of the division may prescribe
30       and such duties and powers as prescribed by law. Personnel of each di-
31       vision shall act for, and exercise the powers of their assistant secretary or
32       division head to the extent authority to do so is delegated by the assistant
33       secretary or division head.
34        Sec.  21. This act shall take effect and be in force from and after July
35       1, 2001, and its publication in the statute book.
36        Sec.  21. The separation of the powers and duties pursuant to
37       this act shall be made pursuant to a transition plan. Such separa-
38       tion shall be made on or before October 1, 1999. Such transition
39       plan shall be developed jointly by the governor and the secretary
40       of the department of health and environment.
41             Sec.  22. K.S.A. 75-5601, 75-5602, 75-5603, 75-5604, 75-5605,
42       75-5606, 75-5607, 75-5608, 75-5609, 75-5610, 75-5611, 75-5612,
43       75-5613, 75-5617, 75-5618, 75-5619, 75-5620, 75-5621, 75-5622,

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  1       75-5623, 75-5624, 75-5626, 75-5627, 75-5628, 75-5637, 75-5638,
  2       75-5639, 75-5640, 75-5641, 75-5642, 75-5643, 75-5644, 75-5645,
  3       75-5646, 75-5647, 75-5648, 75-5649, 75-5655, 75-5657, 75-5660,
  4       75-5661 and 75-5662 are hereby repealed. 
  5        Sec.  23. This act shall take effect and be in force from and
  6       after its publication in the Kansas register.