[As Amended by House Committee of the
Whole]
As Amended by House Committee
Session of 1999
HOUSE BILL No. 2534
By Committee on Appropriations
2-25
11 AN ACT
concerning blind and visually impaired persons; creating a
de-
12 partment
thereof; secretary, powers and duties thereof;
executive
13 board terms,
powers and duties thereof; policies; amending K.S.A.
14 1998 Supp.
39-708c and repealing the existing section; also
repealing
15 K.S.A.
75-3317, 75-3319, 75-3320, 75-3322, 75-3337, 75-3338,
75-
16 3339,
75-3339a, 75-3340, 75-3341, 75-3343, 75-3343a, 75-5345,
76-
17 157 and
76-158.
18 AN ACT concerning
counties; relating to the powers and duties of
19 the board of county
commissioners[; amending K.S.A. 1999
20 Supp. 19-101d and
repealing the existing section].
21
22 Be it enacted by the Legislature of the
State of Kansas:
23 New
Section. 1. This act shall be known and cited as the
Kansas
24 services for the blind and visually
impaired act.
25 New Sec.
2. As used in this act, unless the context clearly
requires
26 otherwise:
27
(a) ``Department'' means the department of services for the
blind
28 and visually impaired.
29
(b) ``Secretary'' means the secretary of the department of
services
30 for the blind and visually
impaired.
31
(c) ``Services'' means those services designed to promote the
eco-
32 nomic and social welfare of persons
who are blind and visually impaired
33 in Kansas; to relieve such persons
from the distress of poverty through
34 their complete integration into
society on the basis of equality; and to
35 encourage and assist such persons
in their efforts to become economically
36 and socially independent so as to
render themselves more self-supporting.
37
(d) ``Board'' means the executive board which supervises and
over-
38 sees the department of services for
the blind and visually impaired.
39
(e) ``Person who is blind'' means a person who, with the best
possible
40 lens correction, not including
specialized visual aids additional to lens
41 correction, has a visual acuity of
no better than 20 over 200, as measured
42 on the standard Snellen chart, or a
person whose visual fields are re-
2
1 stricted with best correction
to an angle which, considering both eyes,
2 subtends to greater than 20
degrees.
3 New
Sec. 3. (a) There is hereby created a department of
services
4 for the blind and visually
impaired. The department shall be administered
5 under the direction and
supervision of the secretary of the department
6 of services for the blind and
visually impaired. The secretary shall be
7 appointed by the governor
with the consent of the senate and shall serve
8 at the pleasure of the
governor. In appointing the secretary, the governor
9 shall consider only persons
recommended by the board. In making its
10 recommendations to the governor,
the board shall consider qualified
11 blind or visually impaired persons
or persons with responsible adminis-
12 trative experience in working with
various programs for the blind and
13 visually impaired or both. The
secretary shall be in the unclassified service
14 under the Kansas civil service act
and shall receive an annual salary, to
15 be fixed by the board.
16 (b) The
department of services for the blind and visually
impaired
17 shall be the single state agency
for receiving and disbursing federal funds
18 made available under the federal
Randolph-Sheppard Act, public law 93-
19 516, and any amendments thereto, or
other federal programs for persons
20 who are blind and visually impaired
except as otherwise specified in this
21 act.
22 New Sec.
4. (a) There is hereby established in the department
an
23 executive board which shall consist
of five members appointed by the
24 governor and which shall be
responsible for the policies and management
25 of the department. All members of
the board shall be persons who are
26 blind as within the meaning of
section 3 and amendments thereto and
27 shall be persons who have
demonstrated abilities to function productively
28 and effectively in the community
despite their blindness.
29 (b) Of
the five members, two of the initial appointees shall
service
30 a two-year term and three shall
serve a three-year term. Subsequent to
31 the initial appointment, all
appointees shall serve three year terms. Any
32 appointive position which becomes
vacant prior to the expiration of a full
33 term shall be filled for a full
three-year term plus the amount of time
34 necessary to make the appointment
consistent with the annual anniversary
35 of the time of year when the
original appointment was made.
36 (c) The
governor or the governor's designee shall call the first
meet-
37 ing of the board at which time and
annually thereafter the members of
38 the board shall elect one of its
members as chairperson. The board shall
39 then meet at the call of the
chairperson, but no less than four times a
40 year. The members of the board
shall elect other officers as deemed
41 necessary, set the duties of the
officers and set procedures for conducting
42 board meetings in a manner
consistent with this act. A simple majority
43 of the members shall constitute a
quorum.
3
1
(d) Members of the board shall receive compensation fixed by
the
2 secretary and in an amount
necessary to reimburse each member for
3 actual loss of time from such
member's other employment or self em-
4 ployment. Members of the
board shall also receive travel expenses and
5 subsistence expenses or
allowances for attendance at meetings of the
6 board and for the conducting
of board business authorized by the chair-
7 person as provided in K.S.A.
75-3212, and amendments thereto.
8 New
Sec. 5. The executive board shall supervise and oversee
the
9 department and have the
following powers and duties:
10
(a) Advocate for services affecting the blind and visually
impaired in
11 the areas of public services,
health care, education and vocational and
12 employment
opportunities.
13 (b) Act
as a bureau of information concerning persons who are
blind
14 and visually impaired serving state
agencies and public institutions pro-
15 viding general health and mental
health care, employment, vocational and
16 educational services and to local
agencies and program.
17
(c) Collect facts, statistics and other special studies of
conditions
18 affecting the health and welfare of
persons who are blind and visually
19 impaired in Kansas.
20
(d) Provide for a mutual exchange of ideas and information on
na-
21 tional, state and local levels
concerning the needs of citizens who are blind
22 and visually impaired.
23
(e) Provide public education concerning prenatal and
postnatal
24 warning signs which may lead to
blindness or visual impairment in the
25 fetus or newborn
child.
26
(f) Encourage and assist local governments in the development
of
27 programming that does not
discriminate against persons who are blind
28 and visually impaired.
29
(g) Cooperate with public and private agencies and units of
local,
30 state and federal governments in
promoting coordination in programming
31 that does ot discriminate against
persons who are blind and visually
32 impaired.
33 (h) Serve
as an advisory board to the governor on the needs of
per-
34 sons who are blind and visually
impaired by preparing an annual report
35 which reviews the status of the
department as well as services offered by
36 the department and recommend
priorities to the governor for the devel-
37 opment and coordination of services
for the blind and visually impaired.
38 (i) Make
recommendations for needed improvements and serve as
39 an advisory board in regard to new
legislation affecting the blind and
40 visually impaired.
41
(j) Provide an evaluation to the governor concerning the
perform-
42 ance of the secretary in the
discharge of the secretary's duties.
43
(k) Direct the governor to discharge the current secretary and
re-
4
1 place such secretary in
accordance with the procedures set forth in sub-
2 section (a) of section 3 and
amendments thereto upon a majority vote of
3 the members of the executive
board wherein the board determines that
4 the secretary failed to
adequately discharge the duties of such office.
5
(l) Evaluate all programs, services and facilities for the
blind and
6 visually impaired within the
state and determine the extent to which pub-
7 lic or private programs,
services and facilities meet the needs of the blind
8 and visually
impaired.
9
(m) Evaluate and coordinate all programs, services and
facilities for
10 the blind and visually impaired
presently furnished by state and federal
11 agencies and make appropriate
recommendations regarding such serv-
12 ices, programs and facilities to
the governor and the legislature.
13 (n) Keep
informed of the latest developments in research,
studies
14 and programs being conducted on
problems and needs of persons who
15 are blind and visually
impaired.
16 (o) Adopt
such rules and regulations as may be necessary to
admin-
17 ister the provisions of this
act.
18
(p) Solicit, accept, hold and administer on behalf of the
state any
19 grants, devices, bequests, moneys,
securities or property to the state of
20 Kansas for the blind and visually
impaired for purposes related to the
21 provision of services for persons
who are blind and visually impaired ex-
22 cept that moneys left specifically
to the Kansas state school for the blind
23 or the Kansas state library
services for the blind and physically handi-
24 capped shall be administered by
those entities or their administering
25 agency.
26 (q) Serve
as the sole state agency for the receipt of federal
funds
27 made available by federal acts for
vocational rehabilitation of persons who
28 are blind and visually
impaired.
29 New Sec.
6. (a) The secretary of the department of services for
the
30 blind and visually impaired shall
serve as board staff.
31 (b) The
secretary as board staff shall with the advice and consent
of
32 the board:
33
(1) Administer and perform all budgeting, purchasing and other
re-
34 lated management functions of the
board;
35
(2) promote accessibility of all government services to the
blind and
36 visually impaired;
37
(3) identify and provide information about public and private
agen-
38 cies which provide community
services for blind and visually impaired
39 persons regarding the extent to
which such agencies make services avail-
40 able and accessible to the blind
and visually impaired and their families;
41
(4) provide assistance to such public and private agencies to
improve
42 the accessibility of their services
to persons who are blind and visually
43 impaired;
5
1
(5) facilitate the mutual exchange of ideas and information
regarding
2 services for blind and
visually impaired persons among federal, state and
3 local governmental agencies
as well as private organizations and
4 individuals;
5
(6) survey blind and visually impaired persons in Kansas
regarding
6 such person's needs and
prioritize those needs to assist the board in the
7 preparation of its reports to
the governor, and to make such information
8 available to federal, state
and local governmental agencies and private
9 organizations and individuals
to facilitate the preparation of programs and
10 facilities to meet those
needs;
11
(7) maintain a list of persons and organizations qualified in
various
12 types of brailling, taping, large
print reproduction and in the building,
13 procuring, adapting or providing of
training on all assistive technology
14 devices used by or potentially used
by persons who are blind and visually
15 impaired to aid such persons to
engage in remunerative employment,
16 independent living and
literacy;
17
(8) promote the training of braillists, readers and
orientation and
18 mobility instructors for the blind
and visually impaired;
19
(9) develop a comprehensive program regarding the prevention
of
20 blindness, restoration of sight,
business enterprise and industrial employ-
21 ment opportunities in a choice of
settings, vocational rehabilitation coun-
22 seling, job placement assistance,
rehabilitation teaching to promote in-
23 dependent living, training in
orientation, mobility and skills of traveling
24 without vision, instruction in
adaptive communications, including both
25 assistive technology and braille,
and special programming for the multiply
26 handicapped blind and visually
impaired and for maintaining the inde-
27 pendence of older blind
persons;
28
(10) receive and disburse federal funds made available
directly to
29 the department, including those
funds made available under the federal
30 Randolph-Sheppard Act, public law
93-516, and amendments thereto, or
31 under other federal acts for
services provided to blind and visually im-
32 paired persons and to develop and
administer any state plan for the blind
33 and visually impaired required by
federal law;
34
(11) provide consultation and assistance to communities and
groups
35 developing local and area services
for the blind and visually impaired;
36
(12) promote community education regarding the problems of
the
37 blind and visually impaired through
institutes, publications, radio, tele-
38 vision and the press;
39
(13) establish and maintain information and referral services
through-
40 out the state and in conjunction
with other agencies;
41
(14) establish state policies for the administration of the
department
42 for the disbursement of federal
funds within the state and for adminis-
43 tration of federal programs
consistent with relevant federal laws, rules
6
1 and regulations, policies and
procedures;
2
(15) provide, within the limitations of available
appropriations, cler-
3 ical and other assistance as
may be required by the board; and
4
(16) enter into any contract or agreement which is necessary
to per-
5 form the power, duties and
functions of the secretary of the department.
6 New
Sec. 7. No provision of this act shall be construed to
deny the
7 department the right to
purchase services from other agencies, depart-
8 ments, corporations or
organizations by contract or voucher with the blind
9 or visually impaired person
selecting the provider.
10 New Sec.
8. To attain the maximum degree of self-support and
self-
11 care by blind and visually impaired
persons, the secretary shall establish
12 and maintain one or more
rehabilitation centers or training programs to:
13
(a) Provide for diagnostic evaluation to determine the nature
and
14 scope of services to be
provided;
15
(b) provide for physical restoration to eliminate or minimize
the ef-
16 fect of the handicap;
17 (c) teach
blind and visually impaired persons independent living
18 skills;
19
(d) prepare for and maintain trades or occupations when such
train-
20 ing is feasible and will contribute
to the efficiency and support of such
21 blind or visually impaired
persons;
22
(e) devise means for the sale and distribution of products
manufac-
23 tured or processed by blind and
visually impaired Kansans;
24
(f) assist such persons in whatever manner advisable to
promote the
25 marketing of products of their home
industry;
26 (g) aid
individual or groups of blind and visually impaired persons
to
27 engage in gainful occupations by
furnishing materials, equipment, goods,
28 services or financial assistance as
may be necessary to encourage and
29 equip such persons to reach an
established objective; and
30
(h) provide for special training in the professions,
businesses or
31 trades under a vocational plan,
and, if the same cannot be obtained within
32 the state, provisions shall be made
for such purposes outside the state.
33 Living maintenance during the
period of training within or outside the
34 state may be
furnished.
35 New Sec.
9. (a) On and after July 1, 1999, all the powers,
duties,
36 functions, records, property and
personnel of the existing division of serv-
37 ices for the blind and visually
handicapped of the department of social
38 and rehabilitation services are
hereby transferred to and conferred and
39 imposed upon the secretary of the
department of services for the blind
40 and visually impaired created by
this act, except as otherwise provided.
41 (b) The
secretary of the department of services for the blind
and
42 visually impaired created by this
act shall be a continuation of the services
43 to the division of services for the
blind and visually handicapped of the
7
1 department of social and
rehabilitation services and shall be the successor
2 in every way to the powers,
duties and functions of the division, except
3 as herein otherwise provided.
On and after July 1, 1999, every act per-
4 formed in the exercise of
such powers, duties and functions by or under
5 the authority of the
secretary of services for the blind and visually im-
6 paired shall be deemed to
have the same force and effect as if performed
7 by the division of services
for the blind and visually handicapped of the
8 department of social and
rehabilitation services in which such functions
9 were vested prior to July 1,
1999.
10 (c) On
and after July 1, 1999, wherever the services to the
division
11 of services for the blind and
visually handicapped of the department of
12 social and rehabilitation services,
or words of like effect, is referred to or
13 designated by a statute, contract
or other document, such reference or
14 designation shall be deemed to
apply to the secretary of services for the
15 blind and visually
impaired.
16 (d) All
orders and directives of the services division of services
for
17 the blind and visually handicapped
of the department of social and re-
18 habilitation services in existence
immediately prior to July 1, 1999, shall
19 continue in force and effect and
shall be deemed to be duly issued orders
20 and directives of the secretary of
services for the blind and visually im-
21 paired, until reissued, amended or
nullified pursuant to law.
22 New Sec.
10. All officers and employees who were engaged
im-
23 mediately prior to July 1, 1999, in
the performance of powers, duties and
24 functions of the division of
services to the blind and visually handicapped
25 of the department of social and
rehabilitation services and who, in the
26 opinion of the executive board of
the department of services for the blind
27 and visually impaired, are
necessary to perform the powers, duties and
28 functions of the department of
services for the blind and visually im-
29 paired, shall become officers and
employees of the department of services
30 for the blind and visually
impaired. Any such officer or employee shall
31 retain all retirement benefits and
rights of civil service which had accrued
32 to or vested in such officer or
employee prior to July 1, 1999, and the
33 service of each such officer and
employee so transferred shall be deemed
34 to have been continuous. All
transfers and any abolishment of positions
35 of personnel in the classified
service under the Kansas civil service act
36 shall be in accordance with civil
service laws and any rules and regulations
37 adopted thereunder.
38 New Sec.
11. (a) On and after July 1, 1999, when any conflict
arises
39 as to the disposition of any power,
duty or function or the unexpended
40 balance of any appropriation as a
result of any transfer made by this act,
41 or under authority of this act,
such conflict shall be resolved by the gov-
42 ernor, and the decision of the
governor shall be final.
43 (b) On
and after July 1, 1999, the department of services for
the
8
1 blind and visually impaired
shall succeed to all property and records which
2 were used for, or pertain to,
the performance of the powers, duties and
3 functions transferred to the
department of services for the blind and
4 visually impaired under the
provisions of this act. Any conflict as to the
5 proper disposition of such
property or records arising under this section,
6 and resulting from any
transfer made by this act of powers, duties and
7 functions to the secretary of
services for the blind and visually impaired,
8 shall be determined by the
governor, whose decision shall be final.
9 New
Sec. 12. (a) No suit, action or other proceeding,
judicial or
10 administrative, pertaining to
services for the blind and visually handi-
11 capped or the powers, duties or
functions of the services to the division
12 of services for the blind and
visually handicapped of the department of
13 social and rehabilitation services,
lawfully commenced, or which could
14 have been commenced, by or against
the secretary of social and rehabil-
15 itation services in such
secretary's official capacity or in relation to the
16 discharge of such secretary's
official duties, shall abate by reason of the
17 governmental reorganization
effected under the provisions of this act. The
18 court may allow any such suit,
action or other proceeding to be main-
19 tained by or against the secretary
of social and rehabilitation services.
20 (b) No
criminal action commenced or which could have been
com-
21 menced by the state shall abate by
the taking effect of this act.
22 New Sec.
13. On or after July 1, 1999, the secretary may create
and
23 establish offices, divisions and
administrative units as necessary for the
24 efficient administration and
operation of the department and may assign
25 functions, powers and duties to the
several offices, divisions and admin-
26 istrative units in the
department.
27 New Sec.
14. Except as otherwise provided in this act and by
law,
28 and subject to the Kansas civil
service act, the secretary shall appoint all
29 subordinate officers and employees
of the department and all such sub-
30 ordinate officers and employees
shall be within the classified service un-
31 der the Kansas civil service act.
Personnel of the department shall per-
32 form such duties and exercise such
powers as the secretary may prescribe,
33 as approved by the executive board,
and such duties and powers as are
34 designated by law.
35 New Sec.
15. (a) On July 1, 1999, the balance of all funds
appro-
36 priated and reappropriated to the
department of social and rehabilitation
37 services for the division of
services for the blind and visually handicapped
38 of such department including funds
used specifically for the administra-
39 tion of blind services by the
Kansas division of rehabilitation services for
40 the Kansas department of social and
rehabilitation services, including the
41 Kansas industries for the blind,
shall be and are hereby transferred to the
42 department of services for the
blind and visually impaired and shall be
43 used only for the purposes for
which the appropriation was originally
9
1 made.
2 (b) On
July 1, 1999, liability for all accrued compensation or
salaries
3 of officers and employees
who, immediately prior to such date, were
4 engaged in the performance of
powers, duties or functions of the division
5 of services for the blind and
visually handicapped of the department of
6 social and rehabilitation
services, and who become officers and employees
7 of the department of services
for the blind and visually impaired, shall be
8 assumed and paid by the
department of services for the blind and visually
9 impaired.
10 New Sec.
16. No officer or employee of the department of
services
11 for the blind and visually impaired
shall be prohibited from active partic-
12 ipation, including the holding of
office, in any consumer organization for
13 or of the blind or visually
impaired or both.
14 New Sec.
17. Unless the context requires otherwise:
15
(a) ``Director of purchases'' means the director of purchases
of the
16 department of
administration;
17
(b) ``Kansas industries for the blind division and
rehabilitation serv-
18 ices'' means workshops and home
industry projects for blind or other
19 handicapped persons which are
located in Kansas and which are sup-
20 ported, operated or supervised by
the department of services for the blind
21 and visually impaired;
22
(c) ``state agency'' means any state office or officer,
department,
23 board, commission, institution,
bureau or any agency, division or any unit
24 within an office, department,
board, commission or other state authority;
25
(d) ``rehabilitation facility'' means any community mental
health cen-
26 ter or community facility for the
mentally retarded operating under K.S.A.
27 19-4001 et
seq. and amendments thereto or nonprofit
corporation con-
28 tracting with a mental retardation
governing board to provide services
29 under K.S.A.
19-4001et seq. and
amendments thereto, which has regis-
30 tered with the secretary of social
and rehabilitation services for the pur-
31 poses of K.S.A. 75-3317 through
75-3322, and amendments thereto, and
32 shall also mean the Kansas
foundation for the blind, Wichita, Kansas,
33 center industries, inc., Wichita,
Kansas, and, upon registration hereunder,
34 any workshop or other facility for
blind or other handicapped persons
35 which is located in Kansas and
which is certified to the United States
36 department of labor and licensed by
the secretary of social and rehabili-
37 tation services as a sheltered
workshop under K.S.A. 75-3307b and
38 amendments thereto.
39 New Sec.
18. (a) The director of purchases shall determine fair
mar-
40 ket prices of products
manufactured, processed, and offered for sale and
41 of services offered under sections
17 through 20, and amendments
42 thereto, by the Kansas industries
for the blind division and rehabilitation
43 services and by each rehabilitation
facility. All of the products and services
10
1 shall be standard conforming.
Those products and services offered for
2 purchase by or for a state
agency shall meet specifications required by
3 the director of purchases.
Those products offered for purchase by or for
4 a unified school district
shall meet specifications required by the board
5 of education of the unified
school district. The director of purchases shall
6 revise the prices determined
under this section from time to time in
7 accordance with changing
market conditions.
8
(b) Each rehabilitation facility shall cooperate with and
shall provide
9 the director of purchases and
the secretary of services for the blind and
10 visually impaired with all
information necessary for the administration of
11 sections 17 through 20, and
amendments thereto.
12 (c) The
provisions of sections 17 through 20, and amendments
13 thereto, shall apply only to
products manufactured or processed in Kansas
14 or services provided in Kansas by
blind or other handicapped persons.
15 (d) The
provisions of sections 17 through 20, and amendments
16 thereto, shall not be construed to
require a unified school district to pur-
17 chase services offered by blind or
other handicapped persons under this
18 act.
19 New Sec.
19. (a) The secretary of services for the blind and
visually
20 impaired shall furnish to the
department of administration, and to each
21 person or officer authorized to
purchase materials, services and supplies
22 for any state agency or unified
school district, a list of products manufac-
23 tured, processed and offered for
sale and of services offered under sec-
24 tions 17 through 20, and amendments
thereto, by the Kansas industries
25 for the blind division and
rehabilitation services and by rehabilitation
26 facilities.
27 (b) The
list of products and services shall be certified by the
director
28 of purchases. The secretary of
services for the blind and visually impaired
29 shall amend such list from time to
time in accordance with the recom-
30 mendations of the director of
purchases.
31 (c) The
secretary of services for the blind and visually impaired
may
32 charge a reasonable publication fee
to those rehabilitation facilities which
33 advertise their products or
services on such lists. The secretary shall remit
34 all moneys received pursuant to
this section to the state treasurer at least
35 monthly. Upon receipt of such
remittance, the state treasurer shall de-
36 posit the entire amount thereof in
the state treasury and credit the same
37 to the department of services for
the blind and visually impaired.
38 New Sec.
20. Whenever the Kansas industries for the blind
division
39 and rehabilitation services and
rehabilitation facilities are unable to supply
40 the products or services needed or
are unable to meet delivery require-
41 ments on any order or requisition,
a written waiver shall immediately be
42 forwarded to the director of
purchases or purchasing officer of the unified
43 school district by the secretary of
services for the blind and visually im-
11
1 paired or the secretary's
designee and that waiver shall relieve and exempt
2 the state or unified school
district purchasing authority from the man-
3 datory provisions of sections
17 through 20, and amendments thereto, in
4 the case of the specific
order, request or requisition.
5 New
Sec. 21. For the purpose of providing blind persons with
re-
6 munerative employment,
enlarging the economic opportunities of the
7 blind, and stimulating the
blind to greater efforts in striving to make
8 themselves self-supporting,
blind persons licensed under the provisions
9 of 20 U.S.C. 107, of 1936,
and acts amendatory thereto, an act of the
10 congress of the United States of
America commonly known as the Ran-
11 dolph-Sheppard vending stand act,
shall be authorized to operate vending
12 facilities on any state, county,
city or other property. In authorizing the
13 operation of vending facilities on
state, county and city property prefer-
14 ence shall be given, so far as
feasible, to blind persons licensed by the
15 department of services for the
blind and visually impaired; and the head
16 of each department or agency in
control of the maintenance, operation
17 and protection of state property
shall, after consultation with the secretary
18 of services for the blind and
visually impaired, prescribe rules and regu-
19 lations designed to assure such
preference, including exclusive assign-
20 ment of vending machine income to
achieve and protect such preference
21 for such licensed blind persons
without adversely affecting the interests
22 of the state of
Kansas.
23 New Sec.
22. As used in this act, unless the context otherwise
re-
24 quires: (a) The term ``state of
Kansas'' shall include political subdivisions
25 of the state of Kansas, except
schools, cities of the third class and
26 townships.
27 (b) The
term ``vending facility'' includes, but is not limited to,
au-
28 tomatic vending machines,
cafeterias, snack bars, cart service, shelters,
29 counters, and such other
appropriate auxiliary equipment as rules and
30 regulations of the department of
services for the blind and visually im-
31 paired prescribe and as are
necessary for the sale of the articles or services
32 referred to in paragraph (4) of
subsection (a) of section 23, and amend-
33 ments thereto, which are, or may be
operated by blind licensees.
34 New Sec.
23. (a) The department of services for the blind and
vi-
35 sually impaired shall:
36 (1) Make
surveys of concession vending opportunities for blind
per-
37 sons on state, county, city and
other property;
38 (2) make
surveys throughout the state of Kansas of industries with
a
39 view to obtaining information that
will assist blind persons to obtain
40 employment;
41 (3) make
available to the public, especially to persons and
organi-
42 zations engaged in work for the
blind, information obtained as a result of
43 such surveys;
12
1
(4) issue licenses to blind persons who are citizens of the
United
2 States for the operating of
vending facilities on state, county, city and
3 other property for the
vending of foods, beverages and other such articles
4 or services dispensed
automatically or manually and prepared on or off
5 the premises in accordance
with all applicable health laws, as determined
6 by the licensing agency;
and
7
(5) take such other steps, including the adoption of rules and
regu-
8 lations, as may be necessary
and proper to carry out the provisions of this
9 act.
10 (b) The
department of services for the blind and visually
impaired,
11 in issuing each such license for
the operation of a vending facility, shall
12 give preference to blind persons
who are in need of employment. Each
13 such license shall be issued for an
indefinite period but may be terminated
14 by such department if it is
satisfied that the facility is not being operated
15 in accordance with the rules and
regulations prescribed by such depart-
16 ment. Such licenses shall be issued
only to applicants who are blind as
17 defined by subsection (e) of
section 2 and amendments thereto.
18 (c) The
department of services for the blind and visually
impaired,
19 with the approval of the head of
the department or agency in control of
20 the maintenance, operation, and
protection of the state, county and city
21 or other property on which the
vending facility is to be located but subject
22 to rules and regulations prescribed
pursuant to the provisions of this act,
23 shall select a location for such
vending facility and the type of facility to
24 be provided.
25 (d) In
the design, construction or substantial alteration or
renovation
26 of each public building after July
1, 1999, for use by any department,
27 agency or instrumentality of the
state of Kansas, except the Kansas de-
28 partment of wildlife and parks and
the Kansas turnpike authority, there
29 shall be included, after
consultation with the department of services for
30 the blind and visually impaired a
satisfactory site or sites with space and
31 electrical and plumbing outlets and
other necessary requirements suitable
32 for the location and operation of a
vending facility or facilities by a blind
33 person or persons. No space shall
be rented, leased or otherwise acquired
34 for use by any department, agency
or instrumentality of the state of Kan-
35 sas after July 1, 1999, except the
Kansas department of wildlife and parks
36 and the Kansas turnpike authority,
unless such space includes, after con-
37 sultation with the department of
services for the blind and the visually
38 impaired, a satisfactory site or
sites with space and electrical and plumbing
39 outlets and other necessary
requirements suitable for the location and
40 operation of a vending facility or
facilities by a blind person or persons.
41 All departments, agencies and
instrumentalities of the state of Kansas,
42 except the Kansas department of
wildlife and parks and the Kansas turn-
43 pike authority, shall consult with
the secretary of the department of serv-
13
1 ices for the blind and
visually impaired or the secretary's designee and
2 the department of services
for the blind and visually impaired in the
3 design, construction or
substantial alteration or renovation of each public
4 building used by them, and in
the renting, leasing or otherwise acquiring
5 of space for their use, to
insure that the requirements set forth in this
6 subsection are satisfied.
This subsection shall not apply when the secre-
7 tary of the department of
services for the blind and visually impaired or
8 the secretary's designee and
the division of services for the blind deter-
9 mine that the number of
people using the property is insufficient to sup-
10 port a vending
facility.
11 New Sec.
24. There is hereby established the vending facilities
ac-
12 count for the department of
services for the blind and visually impaired,
13 to which shall be credited all
moneys previously received by or for the
14 secretary of social and
rehabilitation services in connection with the pro-
15 gram previously authorized by
K.S.A. 75-3337 et seq.,
and amendments
16 thereto, but now authorized by
section 17 et seq., and
amendments
17 thereto, All such moneys shall be
deposited in a bank account designated
18 by the pooled money investment
board. Checks may be written upon
19 such bank account for such program
upon the signature of a person or
20 persons designated by the secretary
of services for the blind and visually
21 impaired. Moneys of the vending
facilities account shall not be in or a
22 part of the state treasury but
shall be subject to post audit under article
23 11 of chapter 46 of Kansas Statutes
Annotated.
24 New Sec.
25. (a) The department of services for the blind and
vi-
25 sually impaired shall:
26
(1) Provide for each licensed blind person such vending
facility
27 equipment, and adequate initial
stock of suitable articles to be vended
28 therefrom as may be necessary. Such
equipment and stock may be owned
29 by the department of services for
the blind and visually impaired, or by
30 the blind individual to whom the
license is issued. If ownership of such
31 equipment is vested in the blind
licensee:
32 (A) The
department of services for the blind and visually
impaired
33 shall retain a first option to
repurchase such equipment; and
34 (B) in
the event such individual dies or for any other reason
ceases
35 to be a licensee or transfers to
another vending facility, ownership of such
36 equipment shall become vested in
the department of services for the blind
37 and visually impaired, for transfer
to a successor licensee, subject to an
38 obligation on the part of the
department to pay to such individual or to
39 such individual's estate the fair
value of such individual's interest therein
40 as later determined in accordance
with regulations of the department and
41 after opportunity for a fair
hearing.
42 (2) If
any funds are set aside, or caused to be set aside, from
the
43 proceeds of the operation of the
vending facilities such funds shall be set
14
1 aside, or caused to be set
aside, only to the extent necessary for and may
2 be used only for the purposes
of (A) maintenance and replacement of
3 equipment; (B) the purchase
of new equipment; (C) management serv-
4 ices; and (D) assuring a fair
minimum return to operators of vending
5 facilities. In no event shall
the amount of such funds to be set aside from
6 the proceeds of any vending
facility exceed a reasonable amount as de-
7 termined by the provisions of
20 U.S.C. 107, of 1936, and acts amendatory
8 thereto, an act of congress
commonly known as the Randolph-Sheppard
9 vending stand
act.
10 (3) If
inventories are required by the department of services for
the
11 blind and visually impaired to be
made of the stock and supplies of vend-
12 ing facilities, permit the licensed
operator to elect to make such licensed
13 operator's own inventories and
report the same on forms furnished by
14 the department. Inventory of each
vending facility shall be made at least
15 once every four months. In the
event of the election of the licensed
16 operator to make such licensed
operator's own inventory, the department
17 shall have the right to take an
inventory of the vending facility at any
18 mutually agreeable
time.
19 (4) Issue
such rules and regulations, consistent with the
provisions
20 of this chapter, as may be
necessary for the operation of this program.
21
(5) Provide to any blind licensee dissatisfied with any action
arising
22 from the operation or
administration of the vending facility program an
23 opportunity for a fair hearing,
including binding arbitration by three per-
24 sons consisting of one person
designated by the secretary of the depart-
25 ment of services for the blind and
visually impaired, one person desig-
26 nated by the licensed blind
operator, and a third person selected by the
27 two.
28 (6) In
employing any personnel as may be necessary for the
operation
29 of the vending facility program
give preference to blind persons who are
30 capable of discharging the required
duties, except that the licensed op-
31 erator of a vending facility shall
have final authority to hire and to dis-
32 charge employees of his or her
vending facility.
33
(b) Hearings under this section shall be conducted in
accordance
34 with the provisions of the Kansas
administrative procedure act.
35 New Sec.
26. (a) An arbitration board of three persons consisting
of
36 one person designated by the
vending facilities advisory committee who
37 shall serve as chairperson, one
person designated by the head of the state
38 department or agency controlling
state property over which a dispute
39 arises, and a third person who is
not an employee of the departments
40 concerned selected by the two shall
hear appeals as provided in subsection
41 (b) of this section.
42 (b) If,
in the opinion of the department of services for the blind
and
43 visually impaired any department or
agency in control of the maintenance,
15
1 operation, and protection of
state property is failing to comply with the
2 provisions of this act, or
any regulations issued thereunder, it shall appeal
3 to the board. The board
shall, within 30 days' written notice of appeal,
4 conduct a hearing and render
its decision which shall be in writing and
5 shall be binding. If the
board determines that the acts or practices of any
6 such department or agency are
in violation of this act, or the regulations
7 issued thereunder, the head
of the affected department or agency shall
8 promptly cause such acts or
practices to be terminated, and shall take
9 such other action as may be
necessary to carry out the decision of the
10 board. All decisions of the board
shall be published.
11 New Sec.
27. There is hereby established a vending facilities
advi-
12 sory committee to the department of
services for the blind and visually
13 impaired consisting of five members
who shall be designated and certified
14 annually by the board of directors
of the Randolph-Sheppard vendors of
15 Kansas, inc., a nonprofit
organization of blind vending facilities operators,
16 and the secretary of the department
shall meet with the advisory com-
17 mittee at least one time annually
for the purpose of mutual advice and
18 consultation; and the actual
expenses incurred by the members of the
19 advisory committee in attendance of
such meetings are hereby authorized
20 to be reimbursed by the department.
Special meetings may be called
21 upon the written request of the
secretary of the department which special
22 meeting shall convene within 15
days of the making of such written re-
23 quest. Expenses incurred by the
members of the committee in their at-
24 tendance of special meetings
convened at their request shall not be re-
25 imbursed as hereinbefore
stated.
26 New Sec.
28. (a) The department of services for the blind and
vi-
27 sually impaired, in cooperation
with the department of transportation, is
28 authorized to operate vending
machines at rest and recreation areas and
29 in safety rest areas, constructed
or located on rights-of-way of the inter-
30 state highways in the state of
Kansas, as authorized by subsection (b) of
31 23 U.S.C. 111.
32 (b) As
used in this section, ``vending machine'' means a coin or
cur-
33 rency operated machine which
dispenses articles or services.
34 (c) The
provisions of this section shall not apply to any highway
under
35 the jurisdiction of the Kansas
turnpike authority.
36 New Sec.
29. The positions of persons who are employed at
the
37 industries for the blind workshop
of the department of services for the
38 blind and visually impaired in
Topeka, Kansas, and who are not employed
39 in positions within the classified
service under the Kansas civil service
40 act, shall be within the
unclassified service under such act.
41 New Sec.
30. Whenever a blind person has been an actual
resident
42 of the state for one year next
preceding, and a student in actual attendance
43 at a community junior college in
the state or at a college, university,
16
1 technical or professional
school located in this state, and authorized by
2 law to grant degrees, other
than an institution established for the regular
3 instruction of the blind, and
such student shall be designated by the sec-
4 retary of services for the
blind and visually impaired as a fit person to
5 receive and as one who ought
to receive the aid hereinafter provided for,
6 the secretary shall employ
persons to read to such student from textbooks
7 and pamphlets used by such
students in such student's studies at such
8 college, university, or
school.
9 New
Sec. 31. The secretary of services for the blind and the
visually
10 impaired is hereby authorized and
empowered to select such persons in
11 the several colleges, universities
or schools as are entitled to the benefits
12 of this act. The secretary shall
not furnish a reader to any blind person
13 who is not regularly matriculated,
who is not in good and regular standing,
14 who is not working for a degree
from the institution in which the student
15 is matriculated, and who is not
doing the work regularly prescribed by
16 the institution for the degree for
which the student is a candidate, and
17 after making such selection the
secretary is authorized to name and des-
18 ignate some suitable and capable
person to read to such blind student
19 from textbooks and pamphlets used
by the student in studies in such
20 college, university, or school and
to fix the pay to be received by such
21 reader for such
services.
22 Sec.
32. K.S.A. 1998 Supp. 39-708c is hereby amended to read
as
23 follows: 39-708c. (a) The secretary
of social and rehabilitation services
24 shall develop state plans, as
provided under the federal social security act,
25 whereby the state cooperates with
the federal government in its program
26 of assisting the states financially
in furnishing assistance and services to
27 eligible individuals. The secretary
shall undertake to cooperate with the
28 federal government on any other
federal program providing federal fi-
29 nancial assistance and services in
the field of social welfare not inconsis-
30 tent with this act. The secretary
is not required to develop a state plan
31 for participation or cooperation in
all federal social security act programs
32 or other federal programs that are
available. The secretary shall also have
33 the power, but is not required, to
develop a state plan in regard to assis-
34 tance and services in which the
federal government does not participate.
35 (b) The
secretary shall have the power and duty to determine
the
36 general policies relating to all
forms of social welfare which are admin-
37 istered or supervised by the
secretary and to adopt the rules and regu-
38 lations therefor.
39 (c) The
secretary shall hire, in accordance with the provisions of
the
40 Kansas civil service act, such
employees as may be needed, in the judg-
41 ment of the secretary, to carry out
the provisions of this act. The secretary
42 shall advise the governor and the
legislature on all social welfare matters
43 covered in this act.
17
1
(d) The secretary shall establish and maintain intake offices
through-
2 out the state. The secretary
may establish and create area offices to co-
3 ordinate and supervise the
administration of the intake offices located
4 within the area. The number
and location of intake offices and area offices
5 shall be within the
discretion of the secretary. Each intake office shall
be
6 open at least 12 hours of
each working week on a regularly scheduled
7 basis. The secretary shall
supervise all social welfare activities of the intake
8 offices and area offices. The
secretary may lease office or business space,
9 but no lease or rental
contract shall be for a period to exceed 10 years. A
10 person desiring public assistance,
or if the person is incapable or inca-
11 pacitated, a relative, friend,
personal representative or conservator of the
12 person shall make application at
the intake office. When it is necessary,
13 employees may take applications
elsewhere at any time. The applications
14 shall contain a statement of the
amount of property, both personal and
15 real, in which the applicant has an
interest and of all income which the
16 applicant may have at the time of
the filing of the application and such
17 other information as may be
required by the secretary. When a husband
18 and wife are living together the
combined income or resources of both
19 shall be considered in determining
the eligibility of either or both for
20 assistance unless otherwise
prohibited by law. The form of application,
21 the procedure for the determination
of eligibility and the amount and
22 kind of assistance or service shall
be determined by the secretary.
23 (e) The
secretary shall provide special inservice training for
employ-
24 ees of the secretary and may
provide the training as a part of the job or
25 at accredited educational
institutions.
26 (f) The
secretary shall establish an adequate system of financial
re-
27 cords. The secretary shall make
annual reports to the governor and shall
28 make any reports required by
federal agencies.
29 (g) The
secretary shall sponsor, operate or supervise
community
30 work experience programs whereby
recipients of assistance shall work out
31 a part or all of their assistance
and conserve work skills and develop new
32 skills. The compensation credited
to recipients for the programs shall be
33 based upon an hourly rate equal to
or in excess of the federal minimum
34 wage hourly rate. The programs
shall be administered by the secretary.
35 In the programs, the secretary
shall provide protection to the recipient
36 under the
workmen's workers
compensation act or shall provide com-
37 parable protection and may enter
into cooperative arrangements with
38 other public officials and agencies
or with private not-for-profit corpo-
39 rations providing assistance to
needy persons in developing, subject to
40 the approval of the secretary, the
programs under this section.
41 (h) The
secretary may receive, have custody of, protect,
administer,
42 disburse, dispose of and account
for federal or private commodities,
43 equipment, supplies and any kind of
property, including food stamps or
18
1 coupons, which are given,
granted, loaned or advanced to the state of
2 Kansas for social welfare
works, and for any other purposes provided for
3 by federal laws or rules and
regulations or by private devise, grant or loan,
4 or from corporations
organized to act as federal agencies, and to do all
5 things and acts which are
necessary or required to perform the functions
6 and carry out the provisions
of federal laws, rules and regulations under
7 which such commodities,
equipment, supplies and other property may be
8 given, granted, loaned or
advanced to the state of Kansas, and to act as
9 an agent of the federal
government when designated as an agent, and do
10 and perform all things and acts
that may be required by the federal laws
11 or rules and regulations not
inconsistent with the act.
12 (i) The
secretary may assist other departments, agencies and
insti-
13 tutions of the state and federal
government and of other states under
14 interstate agreements, when so
requested, by performing services in con-
15 formity with the purpose of this
act.
16 (j) The
secretary shall have authority to lease real and personal
prop-
17 erty whenever the property is not
available through the state or a political
18 subdivision of the state, for
carrying on the functions of the secretary.
19 (k) All
contracts shall be made in the name of ``secretary of
social
20 and rehabilitation services,'' and
in that name the secretary may sue and
21 be sued on such contracts. The
grant of authority under this subsection
22 shall not be construed to be a
waiver of any rights retained by the state
23 under the 11th amendment to the
United States constitution and shall
24 be subject to and shall not
supersede the provisions of any appropriations
25 act of this state.
26 (l) All
moneys and property of any kind whatsoever received
from
27 the Kansas emergency relief
committee or from any other state depart-
28 ment or political subdivision of
the state shall be used by the secretary in
29 the administration and promotion of
social welfare in the state of Kansas.
30 The property may be given, loaned
or placed at the disposal of any county,
31 city or state agency engaged in the
promotion of social welfare.
32 (m) The
secretary shall prepare annually, at the time and in the
form
33 directed by the governor, a budget
covering the estimated receipts and
34 expenditures of the secretary for
the ensuing year.
35 (n) The
secretary shall have authority to make grants of funds,
com-
36 modities or other needed property
to local units of government under
37 rules and regulations adopted by
the secretary for the promotion of social
38 welfare in local units of
government.
39 (o) The
secretary shall have authority to sell any property in
the
40 secretary's possession received
from any source whatsoever for which
41 there is no need or use in the
administration or the promotion of social
42 welfare in the state of
Kansas.
43 (p) The
secretary shall adopt a seal.
19
1
(q) The secretary shallinitiate or cooperate with other
agencies in
2 developing programs for the
prevention of blindness, the restoration of
3 eyesight and the vocational
rehabilitation of blind persons and shall es-
4 tablish a division of
services for the blind.
5
(r) The secretary may initiate
or cooperate with other agencies in
6 developing programs for the
prevention and rehabilitation of other hand-
7 icapped persons.
8
(r) (s) The
secretary shall develop a children and youth service
pro-
9 gram and shall administer or
supervise program activities including the
10 care and protection of children who
are deprived, defective, wayward,
11 miscreant, delinquent or children
in need of care. The secretary shall
12 cooperate with the federal
government through its appropriate agency or
13 instrumentality in establishing,
extending and strengthening such services
14 and undertake other services to
children authorized by law. Nothing in
15 this act shall be construed as
authorizing any state official, agent or rep-
16 resentative, in carrying out any of
the provisions of this act, to take charge
17 of any child over the objection of
either of the parents of such child or
18 of the person standing
in loco parentis to such child
except pursuant to
19 a proper court order.
20 (s)
(t) The secretary shall
develop plans financed by federal funds or
21 state funds or both for providing
medical care for needy persons. The
22 secretary, in developing the plan,
may enter into an agreement with an
23 agent or intermediary for the
purpose of performing certain functions,
24 including the making of medical
payment reviews, determining the
25 amount due the medical vendors from
the state in accordance with stan-
26 dards set by the secretary,
preparing and certifying to the secretary lists
27 of medical vendors and the amounts
due them and other related functions
28 determined by the secretary. The
secretary may also provide medical,
29 remedial, preventive or
rehabilitative care and services for needy persons
30 by the payment of premiums to the
federal social security system for the
31 purchase of supplemental medical
insurance benefits as provided by the
32 federal social security act and
amendments thereto. Medicaid recipients
33 who were residents of a nursing
facility on September 1, 1991, and who
34 subsequently lost eligibility in
the period September 1, 1991, through
35 June 30, 1992, due to an increase
in income shall be considered to meet
36 the 300% income cap eligibility
test.
37 (t)
(u) The secretary shall carry
on research and compile statistics
38 relative to the entire social
welfare program throughout the state, includ-
39 ing all phases of dependency,
defectiveness, delinquency and related
40 problems; develop plans in
cooperation with other public and private
41 agencies for the prevention as well
as treatment of conditions giving rise
42 to social welfare
problems.
43 (u)
(v) The secretary may receive
grants, gifts, bequests, money or
20
1 aid of any character
whatsoever, for state welfare work. All moneys com-
2 ing into the hands of the
secretary shall be deposited in the state social
3 welfare fund provided for in
this act.
4
(v) (w) The secretary
may enter into agreements with other states
5 or the welfare department of
other states, in regard to the manner of
6 determining the state of
residence in disputed cases, the manner of re-
7 turning persons to the place
of residence and the bearing or sharing of
8 the costs.
9
(w) (x) The secretary
shall perform any other duties and services
10 necessary to carry out the purposes
of this act and promote social welfare
11 in the state of Kansas, not
inconsistent with the state law.
12 (x)
(y) The secretary shall
establish payment schedules for each
13 group of health care providers. Any
payment schedules which are a part
14 of the state medicaid plan shall
conform to state and federal law. The
15 secretary shall not be required to
make any payments under the state
16 medicaid plan which do not meet
requirements for state and federal fi-
17 nancial participation.
18 (1) The
secretary shall consider budgetary constraints as a factor
in
19 establishing payment schedules so
long as the result complies with state
20 and federal law.
21 (2) The
secretary shall establish payment schedules for providers
of
22 hospital and adult care home
services under the medicaid plan that are
23 reasonable and adequate to meet the
costs which must be incurred by
24 efficiently and economically
operated facilities in order to provide care
25 and services in conformity with
applicable state and federal laws, regu-
26 lations, and quality and safety
standards. The secretary shall not be re-
27 quired to establish rates for any
such facility that are in excess of the
28 minimum necessary to efficiently
and economically meet those standards
29 regardless of any excess costs
incurred by any such facility.
30 (y)
(z) The secretary shall
maintain a system of centralized payment
31 for all welfare
expenditures.
32 Sec. 33. K.S.A. 75-3317,
75-3319, 75-3320, 75-3322, 75-3337, 75-
33 3338, 75-3339, 75-3339a, 75-3340,
75-3341, 75-3343, 75-3343a, 75-5345,
34 76-157 and 76-158 and K.S.A. 1998
Supp. 39-708c are hereby repealed.
35 Section 1. (a) As used
in this section:
36 (1) ``County''
means any county.
37 (2) ``Computer
software'' means and includes any program or
38 routine, or any set of one or more
programs or routines, which are
39 used or intended for use to cause one or
more computers or pieces
40 of computer related peripheral
equipment, or any combination
41 thereof, to perform a task or set of
tasks. ``Computer software''
42 also includes operating and application
programs and all related
43 documentation.
21
1 (b) Any
county which develops or owns [computer]
software
2 may:
3
(1) Sell, lease, license, market or otherwise
distribute[, directly
4 or through a distributor,]
such computer software for commercial
5 or noncommercial use to any public
entity whether directly or
6 through a
distributor; [or to any private or not-for-profit
entity
7 engaged in the delivery of
services through a contract with a public
8 entity;]
9
(2) obtain and hold copyrights or trademarks for such
com-
10 puter software and may enforce its
rights pertaining to such cop-
11 yrights and trademarks; and
12 (3) adopt a
licensing fee, royalty or price structure for com-
13 puter software based on any factors the
municipality considers rel-
14 evant, including but not limited
to:
15 (A) The costs
of creating, developing, reproducing and deliv-
16 ering the computer software;
17 (B) the costs
of obtaining and holding a copyright or trademark
18 for such computer software;
19 (C) the costs
of overhead and labor; and
20 (D) the fair
market value of the computer software.
21 (c) No
software shall be developed, until data or information
22 subject to the open records act, which
no longer may be accessible
23 through such software unless provision
is made for the continued
24 public access to such data or
information.
25 (d) Nothing in
this section shall be construed as limiting the
26 duty of the county to comply with the
requirements of the open
27 records act.
28 (e) Nothing in
this section shall be construed to create an im-
29 plied warranty against errors, omissions
or other defects in any
30 computer software developed by a
county.
31 [Sec. 2. K.S.A. 1999
Supp. 19-101d is hereby amended to read
32 as follows: 19-101d. (a) (1) The board
of county commissioners of
33 any county shall have the power to
enforce all resolutions passed
34 pursuant to county home rule powers, as
designated by K.S.A. 19-
35 101c 19-101a,
and amendments thereto. Such resolutions may be
36 enforced by enjoining violations thereof
or by prescribing penal-
37 ties for violations of such resolutions,
either by fine, or by con-
38 finement in the county jail, or by both
such fine and confinement.
39 Unless otherwise provided by the
resolution that defines and
40 makes punishable the violation of such
resolution, the penalty im-
41 posed shall be in accordance with the
penalties established by law
42 for conviction of a class C misdemeanor.
In no event shall the pen-
43 alty imposed for the violation of a
resolution exceed the penalties
22
1 established by law for conviction
of a class B misdemeanor.
2
[(2) Prosecution for any such violation shall be commenced
in
3 the district court in the name of
the county and, except as provided
4 in subsection (b), shall be
conducted in the manner provided by
5 law for the prosecution of
misdemeanor violations of state laws.
6 Writs and process necessary for
the prosecution of such violations
7 shall be in the form prescribed by
the judge or judges of the courts
8 vested with jurisdiction of such
violations by this act, and shall be
9 substantially in the form of writs
and process issued for the pros-
10 ecution of misdemeanor violations of
state laws. Each county shall
11 provide all necessary supplies, forms
and records at its own
12 expense.
13 [(b)
(1) In addition to all other procedures authorized for
the
14 enforcement of county codes and
resolutions, in any county with a
15 population in excess of
150,000, the prosecution for violation of codes
16 and resolutions adopted by the board of
county commissioners
17 may be commenced in the district court
in the name of the county
18 and may be conducted, except as
otherwise provided in this sec-
19 tion, in the manner provided for and in
accordance with the pro-
20 visions of the code for the enforcement
of county codes and
21 resolutions.
22 [(2) For the
purposes of aiding in the enforcement of county
23 codes and resolutions, the board of
county commissioners may em-
24 ploy or appoint code enforcement
officers for the county who shall
25 have power to sign, issue and execute
notices to appear and uni-
26 form citations or uniform complaints and
notices to appear, as pro-
27 vided in the appendix of forms of the
code contained in this act to
28 enforce violations of county codes and
resolutions, but shall have
29 no power to issue warrants or make
arrests. All warrants shall be
30 issued and arrests made by law
enforcement officers pursuant to
31 and in the manner provided in chapter 21
of the Kansas Statutes
32 Annotated.
33 [(3) The board
of county commissioners may employ or ap-
34 point attorneys for the purpose of
prosecuting actions for the en-
35 forcement of county codes and
resolutions, and such attorneys
36 shall have the duties, powers and
authorities provided by the board
37 as necessary to prosecute actions under
the code.
38 [(4) All costs
for the enforcement and prosecution of violations
39 of county codes and resolutions, except
for compensation and ex-
40 penses of the district court judge,
shall be paid from the revenues
41 of the county and, the board of county
commissioners may estab-
42 lish a special law enforcement fund for
the purpose of paying for
43 the costs of code enforcement within the
county. In addition, the
23
1 board of county commissioners is
hereby authorized to levy a tax
2 of not to exceed 1/2 mill upon all
taxable tangible property within
3 such county to pay the costs of
code enforcement.
4
[(c) Notwithstanding the provisions of subsection (b), any
ac-
5 tion commenced in the district
court for the enforcement of county
6 codes and resolutions, wherein a
person may be subject to deten-
7 tion or arrest or wherein an
accused person, if found guilty, would
8 or might be deprived of such
person's liberty, shall be conducted
9 in the manner provided by law for
the prosecution of misdemeanor
10 violations of state laws under the
Kansas code of criminal proce-
11 dure and not under the code for the
enforcement of county codes
12 and resolutions.
13 [Sec. 3. K.S.A. 1999
Supp. 19-101d is hereby repealed.]
14 Sec. 34.
2. [4.] This act shall take
effect and be in force from and
15 after its publication in the statute
book.