Kansas Bill # SUB2077

Session of 1999
Substitute for HOUSE BILL No. 2077 By Committee on Governmental Organization and Elections 3-10

9 AN ACT abolishing the department of health and environment; abolish-
10 ing the division of health and the division of environment; creating the
11 department of health and the department of environment; providing
12 for the powers, duties and functions thereof; also repealing K.S.A. 75-
13 5601, 75-5602, 75-5603, 75-5604, 75-5605, 75-5606, 75-5607, 75-5608,
14 75-5609, 75-5610, 75-5610a, 75-5611, 75-5611a, 75-5612, 75-5613, 75-
15 5616, 75-5617, 75-5618, 75-5619, 75-5620, 75-5621, 75-5622, 75-5623,
16 75-5624, 75-5625, section 30 of this act and K.S.A. 1998 Supp. 74-
17 72,102.
18
19 Be it enacted by the Legislature of the State of Kansas:
20 Section 1. (a) In order to reorganize the administration and regula-
21 tion of the state's policies related to public health, there is hereby estab-
22 lished within the executive branch of government, the Kansas department
23 of health.
24 (b) The provisions of the Kansas governmental operations accounta-
25 bility law shall apply to the Kansas department of health, and the de-
26 partment is subject to audit, review and evaluation under such law.
27 (c) The provisions of this section shall be effective on and after Oc-
28 tober 1, 1999.
29 Sec. 2. (a) The Kansas department of health shall be administered
30 under the direction and supervision of the secretary of health, who shall
31 be appointed by the governor subject to confirmation by the senate as
32 provided in K.S.A. 75-4315b, and amendments thereto. The secretary
33 shall serve at the pleasure of the governor. The secretary of health shall
34 be in the unclassified service under the Kansas civil service act and shall
35 receive an annual salary fixed by the governor.
36 (b) The provisions of the Kansas governmental operations accounta-
37 bility law shall apply to the office of secretary of health, and the office is
38 subject to audit, review and evaluation under such law.
39 (c) The provisions of this section shall be effective on and after Oc-
40 tober 1, 1999.
41 Sec. 3. (a) The secretary of health may appoint assistant secretaries,
42 a chief attorney and other staff attorneys who shall serve at the pleasure
43 of the secretary. The assistant secretaries, chief attorney and staff attor-
44 neys shall be in the unclassified service under the Kansas civil service act
45 and shall receive annual salaries fixed by the secretary and approved by
46 the governor. The secretary of health also may appoint such other staff
47 assistants and employees necessary to enable the secretary to carry out
48 the duties of the office. Such other staff assistants and employees shall
49 be in the classified service under the Kansas civil service act. Assistant
50 secretaries, other staff assistants and employees shall have powers, duties
51 and functions as are assigned to them by the secretary or as prescribed
52 by law. The assistant secretaries, staff assistants and employees shall act
53 for and exercise the powers of the secretary of health to the extent au-
54 thority to do so is delegated by the secretary of health as provided by law.
55 The secretary of health may appoint one public information officer, one
56 personal secretary and one special assistant who shall be in the unclassi-
57 fied service under the Kansas civil service act and shall receive compen-
58 sation fixed by the secretary of health and approved by the governor.
59 (b) The provisions of this section shall be effective on and after Oc-
60 tober 1, 1999.
61 Sec. 4. (a) All employees of the department of health and environ-
62 ment as it existed prior to October 1, 1999, in the health officer II job
63 class and all employees of the department of health created pursuant to
64 this act in the health officer II job class, or any successor job class that
65 may be approved under K.S.A. 75-2938, and amendments thereto, which
66 has substantially the same duties and responsibilities shall be in the un-
67 classified service under the Kansas civil service act.
68 (b) The provisions of this section shall be effective on and after Oc-
69 tober 1, 1999.
70 Sec. 5. (a) The secretary of health may create advisory committees.
71 Members of such advisory committees shall receive compensation in an
72 amount determined by the secretary and approved by the finance council.
73 (b) The provisions of this section shall be effective on and after Oc-
74 tober 1, 1999.
75 Sec. 6. (a) The secretary of health shall adopt all general policies and
76 rules and regulations relating to all forms of health which are adminis-
77 tered or supervised by or under the department of health.
78 (b) The provisions of this section shall be effective on and after Oc-
79 tober 1, 1999.
80 Sec. 7. (a) Except as otherwise provided by law, the secretary of
81 health shall have the legal custody of all records, memoranda, writings,
82 entries, prints, representations or combinations thereof, of any action,
83 transaction, occurrence or event of the department of health.
84 (b) The provisions of this section shall be effective on and after Oc-
85 tober 1, 1999.
86 Sec. 8. (a) The secretary of health may contract for the services of
87 persons who are not officers or employees of the department of health
88 to act as hearing officers on behalf of the secretary of health in conducting
89 hearings authorized by law to be conducted by a hearing officer desig-
90 nated by the secretary. Compensation for a person employed as a hearing
91 officer pursuant to a contract under this section shall be fixed by the
92 provisions of the contract.
93 (b) The provisions of this section shall be effective on and after Oc-
94 tober 1, 1999.
95 Sec. 9. (a) In order to reorganize the administration and regulation
96 of the state's policies related to the environment, there is hereby estab-
97 lished within the executive branch of government, the Kansas department
98 of environment.
99 (b) The provisions of the Kansas governmental operations accounta-
100 bility law shall apply to the department of environment, and the depart-
101 ment is subject to audit, review and evaluation under such law.
102 (c) The provisions of this section shall be effective on and after Oc-
103 tober 1, 1999.
104 Sec. 10. (a) The Kansas department of environment shall be admin-
105 istered under the direction and supervision of the secretary of environ-
106 ment, who shall be appointed by the governor subject to confirmation by
107 the senate as provided in K.S.A. 75-4315b, and amendments thereto. The
108 secretary shall serve at the pleasure of the governor. The secretary of
109 environment shall be in the unclassified service under the Kansas civil
110 service act and shall receive an annual salary fixed by the governor.
111 (b) The provisions of the Kansas governmental operations accounta-
112 bility law shall apply to the office of secretary of environment, and the
113 office is subject to audit, review and evaluation under such law.
114 (c) The provisions of this section shall be effective on and after Oc-
115 tober 1, 1999.
116 Sec. 11. (a) The secretary of environment may appoint assistant sec-
117 retaries, a chief attorney and other staff attorneys who shall serve at the
118 pleasure of the secretary. The assistant secretaries, chief attorney and staff
119 attorneys shall be in the unclassified service under the Kansas civil service
120 act and shall receive annual salaries fixed by the secretary and approved
121 by the governor. The secretary of environment also may appoint such
122 other staff assistants and employees necessary to enable the secretary to
123 carry out the duties of the office. Such other staff assistants and employees
124 shall be in the classified service under the Kansas civil service act. Assis-
125 tant secretaries, other staff assistants and employees shall have powers,
126 duties and functions as are assigned to them by the secretary or as pre-
127 scribed by law. The assistant secretaries, staff assistants and employees
128 shall act for and exercise the powers of the secretary of environment to
129 the extent authority to do so is delegated by the secretary of environment
130 as provided by law. The secretary of environment may appoint one public
131 information officer, one personal secretary and one special assistant who
132 shall be in the unclassified service under the Kansas civil service act and
133 shall receive compensation fixed by the secretary of environment and
134 approved by the governor.
135 (b) The provisions of this section shall be effective on and after Oc-
136 tober 1, 1999.
137 Sec. 12. (a) The secretary of environment may create advisory com-
138 mittees. Members of such advisory committees shall receive compensa-
139 tion in an amount determined by the secretary and approved by the fi-
140 nance council.
141 (b) The provisions of this section shall be effective on and after Oc-
142 tober 1, 1999.
143 Sec. 13. (a) The secretary of environment shall adopt all general pol-
144 icies and rules and regulations relating to all forms of environment which
145 are administered or supervised by or under the department of
146 environment.
147 (b) The provisions of this section shall be effective on and after Oc-
148 tober 1, 1999.
149 Sec. 14. (a) Except as otherwise provided by law, the secretary of
150 environment shall have the legal custody of all records, memoranda, writ-
151 ings, entries, prints, representations or combinations thereof, of any ac-
152 tion, transaction, occurrence or event of the department of environment.
153 (b) The provisions of this section shall be effective on and after Oc-
154 tober 1, 1999.
155 Sec. 15. (a) The secretary of environment may contract for the serv-
156 ices of persons who are not officers or employees of the department of
157 environment to act as hearing officers on behalf of the secretary of en-
158 vironment in conducting hearings authorized by law to be conducted by
159 a hearing officer designated by the secretary. Compensation for a person
160 employed as a hearing officer pursuant to a contract under this section
161 shall be fixed by the provisions of the contract.
162 (b) The provisions of this section shall be effective on and after Oc-
163 tober 1, 1999.
164 Sec. 16. (a) The Kansas department of health and environment and
165 the secretary of health and environment created by K.S.A. 75-5601, and
166 amendments thereto, are hereby abolished.
167 (b) The provisions of this section shall be effective on and after Oc-
168 tober 1, 1999.
169 Sec. 17. (a) The division of health established pursuant to K.S.A. 75-
170 5603, and amendments thereto, and the position of director of the division
171 of health are hereby abolished.
172 (b) Except as otherwise provided by this act, all powers, duties and
173 functions of the existing division of health and the existing director of the
174 division of health are hereby transferred to and conferred and imposed
175 upon the secretary of health established by this act.
176 (c) The provisions of this section shall be effective on and after Oc-
177 tober 1, 1999.
178 Sec. 18. (a) The division of environment established pursuant to
179 K.S.A. 75-5605, and amendments thereto, and the position of director of
180 the division of environment are hereby abolished.
181 (b) Except as otherwise provided by this act, all powers, duties and
182 functions of the existing division of environment and the existing director
183 of the division of environment are hereby transferred to and conferred
184 and imposed upon the secretary of environment established by this act.
185 (c) The provisions of this section shall be effective on and after Oc-
186 tober 1, 1999.
187 Sec. 19. (a) Except as otherwise provided by this act, whenever the
188 Kansas department of health and environment or words of like effect is
189 referred to or designated by a statute, contract or other document, such
190 reference or designation shall be deemed to apply to the Kansas depart-
191 ment of health or the Kansas department of environment as established
192 by this act. If any conflict arises as to whether the department of health
193 or department of environment is being designated or referenced, such
194 conflict shall be resolved by the governor whose decision shall be final.
195 (b) The provisions of this section shall be effective on and after Oc-
196 tober 1, 1999.
197 Sec. 20. (a) All rules and regulations of the secretary of health and
198 environment in existence on the effective date of this act shall continue
199 to be effective and shall be deemed to be duly adopted rules and regu-
200 lations of the secretary of health or the secretary of environment estab-
201 lished by this act until amended or revoked pursuant to law. The deter-
202 mination of which rules and regulations shall be administered by the
203 secretary of health or the secretary of environment shall be made based
204 upon the terms of this act. If any conflict arises as to the responsibility
205 for enforcement or administration of rules and regulations of the secretary
206 of health and environment, such conflict shall be resolved by the governor
207 whose decision shall be final.
208 (b) The provisions of this section shall be effective on and after Oc-
209 tober 1, 1999.
210 Sec. 21. (a) All certificates, permits, licenses, orders and directives
211 of the Kansas department of health and environment or the secretary of
212 health and environment in existence on the effective date of this act shall
213 continue to be effective and shall be deemed to be the certificates, per-
214 mits, licenses, orders and directives of either the secretary of health or
215 the secretary of environment until amended or revoked pursuant to law.
216 The determination as to whether the certificates, permits, licenses, orders
217 and directives of the Kansas department of health and environment or
218 the secretary of health and environment shall be the responsibility of the
219 secretary of health or the secretary of environment shall be determined
220 pursuant to the provisions of this act. If any conflict arises as to the re-
221 sponsibility for such certificates, permits, licenses, orders and directives,
222 the conflict shall be resolved by the governor whose decision shall be
223 final.
224 (b) The provisions of this section shall be effective on and after Oc-
225 tober 1, 1999.
226 Sec. 22. (a) The Kansas department of health and the Kansas de-
227 partment of environment and the secretary of health and the secretary of
228 environment established by this act respectively shall be continuations of
229 the Kansas department of health and environment, the secretary of health
230 and environment, the director of the division of health and the director
231 of the division of environment.
232 (b) The provisions of this section shall be effective on and after Oc-
233 tober 1, 1999.
234 Sec. 23. (a) Except as otherwise provided in this act, on the effective
235 date of this act officers and employees who, immediately prior to such
236 date, were engaged in the performance of powers, duties or functions of
237 any state agency or office which is abolished by this act or which becomes
238 a part of the department of health or the powers, duties and functions of
239 which are transferred to the secretary of health and who in the opinion
240 of the secretary of health are necessary to perform the powers, duties and
241 functions of the Kansas department of health shall be transferred to and
242 shall become officers and employees of the Kansas department of health.
243 Any such officer or employee shall retain all retirement benefits and all
244 rights of civil service which have accrued to or vested in such officer or
245 employee prior to the effective date of this act. The service of each such
246 officer and employee so transferred shall be deemed to have been con-
247 tinuous. If a conflict arises as to whether an officer or employee shall be
248 assigned to the Kansas department of health or the Kansas department
249 of environment, such conflict shall be resolved by the governor whose
250 decision shall be final.
251 (b) Nothing in this act shall affect the classified status of any person
252 employed as a classified employee of the department of health and en-
253 vironment on the day immediately preceding the effective date of this
254 section and the unclassified status shall apply only to persons appointed
255 to such positions on and after the effective date of this section.
256 (c) The provisions of this section shall be effective on and after Oc-
257 tober 1, 1999.
258 Sec. 24. (a) Except as otherwise provided in this act, on the effective
259 date of this act officers and employees who, immediately prior to such
260 date, were engaged in the performance of powers, duties or functions of
261 any state agency or office which is abolished by this act or which becomes
262 a part of the department of environment or the powers, duties and func-
263 tions of which are transferred to the secretary of environment and who
264 in the opinion of the secretary of environment are necessary to perform
265 the powers, duties and functions of the Kansas department of environ-
266 ment shall be transferred to and shall become officers and employees of
267 the Kansas department of environment. Any such officer or employee
268 shall retain all retirement benefits and all rights of civil service which have
269 accrued to or vested in such officer or employee prior to the effective
270 date of this act. The service of each such officer and employee so trans-
271 ferred shall be deemed to have been continuous. If a conflict arises as to
272 whether an officer or employee shall be assigned to the Kansas depart-
273 ment of health or the Kansas department of environment, such conflict
274 shall be resolved by the governor whose decision shall be final.
275 (b) Nothing in this act shall affect the classified status of any person
276 employed as a classified employee of the department of health and en-
277 vironment on the day immediately preceding the effective date of this
278 section and the unclassified status shall apply only to persons appointed
279 to such positions on and after the effective date of this section.
280 (c) The provisions of this section shall be effective on and after Oc-
281 tober 1, 1999.
282 Sec. 25. (a) Except as otherwise provided in this act, the Kansas de-
283 partment of health shall succeed to all contracts, property, property rights
284 and records which were used for or pertain to the performance of the
285 powers, duties and functions transferred to the secretary of health. Except
286 as provided in this act, the Kansas department of environment shall suc-
287 ceed to all contracts, property, property rights and records which were
288 used for or pertain to the performance of the powers, duties and functions
289 transferred to the secretary of environment. If any conflict as to the
290 proper disposition of contracts, property, property rights or records aris-
291 ing under this act and resulting from the transfer, attachment or abolition
292 of any state agency or office or all or part of the powers, duties and
293 functions, such conflict shall be resolved by the governor whose decision
294 shall be final.
295 (b) The provisions of this section shall be effective on and after Oc-
296 tober 1, 1999.
297 Sec. 26. (a) No suit, action or other proceeding, judicial or admin-
298 istrative, lawfully commenced or which could have been commenced by
299 or against any state agency abolished in this act or by or against any officer
300 of the state in such officer's official capacity or in relation to the discharge
301 of such officer's official duties shall abate by reason of the governmental
302 reorganization under the provisions of this act. The court may allow any
303 such suit, action or other proceeding to be maintained by or against the
304 successor of such state agency or any officer affected.
305 (b) No criminal action commenced or which could have been com-
306 menced by the state shall abate by reason of the governmental reorgan-
307 ization under the provisions of this act.
308 (c) The provisions of this section shall be effective on and after Oc-
309 tober 1, 1999.
310 Sec. 27. (a) The balance of all funds appropriated and reappropriated
311 to any state agency abolished by this act is hereby transferred to either
312 the Kansas department of health or the Kansas department of environ-
313 ment and shall be used only for the purpose for which the appropriation
314 was originally made. The determination of whether particular funds shall
315 be transferred to the department of health or to the department of en-
316 vironment shall be made pursuant to the terms of this act. If any conflict
317 arises as to the proper disposition of funds, such conflict shall be resolved
318 by the governor whose decision shall be final.
319 (b) On the effective date of this act, the liability for all accrued com-
320 pensation or salaries of officers and employees who, immediately prior to
321 such date, were engaged in the performance of powers, duties or func-
322 tions of any state agency or office abolished by this act or which becomes
323 a part of the Kansas department of health or the Kansas department of
324 environment established by this act or the powers, duties and functions
325 which are transferred to the secretary of health or the secretary of envi-
326 ronment provided for by this act shall be assumed and paid by the Kansas
327 department of health or the Kansas department of environment. The
328 determination as to which department shall be liable for particular ac-
329 crued compensation or salaries shall be made pursuant to the terms of
330 this act. If any conflict arises as to which agency shall be responsible for
331 particular accrued compensation or salaries, such conflict shall be re-
332 solved by the governor whose decision shall be final.
333 (c) The provisions of this section shall be effective on and after Oc-
334 tober 1, 1999.
335 Sec. 28. (a) The secretary of health may organize the department of
336 health in the manner deemed most efficient, so long as the same is not
337 in conflict with law. The assistant secretaries, staff assistants and employ-
338 ees shall perform such duties and exercise such powers as prescribed by
339 law and such other duties as the secretary of health prescribes. Such
340 assistant secretaries shall act for, and exercise the powers of the secretary
341 of health to the extent authority to do so is delegated by the secretary of
342 health. Personnel of the division shall perform such duties and exercise
343 such powers as the assistant secretary or the head of the division may
344 prescribe and such duties and powers as prescribed by law. Personnel of
345 the division shall act for, and exercise the powers of their assistant sec-
346 retary or division head to the extent authority to do so is delegated by the
347 assistant secretary or division head.
348 (b) The provisions of this section shall be effective on and after Oc-
349 tober 1, 1999.
350 Sec. 29. (a) The secretary of environment may organize the depart-
351 ment of environment in the manner deemed most efficient, so long as
352 the same is not in conflict with law. The assistant secretaries, staff assis-
353 tants and employees shall perform such duties and exercise such powers
354 as prescribed by law and such other duties as the secretary of environment
355 prescribes. Such assistant secretaries shall act for, and exercise the powers
356 of the secretary of environment to the extent authority to do so is dele-
357 gated by the secretary of environment. Personnel of the division shall
358 perform such duties and exercise such powers as the assistant secretary
359 or the head of the division may prescribe and such duties and powers as
360 prescribed by law. Personnel of the division shall act for, and exercise the
361 powers of their assistant secretary or division head to the extent authority
362 to do so is delegated by the assistant secretary or division head.
363 (b) The provisions of this section shall be effective on and after Oc-
364 tober 1, 1999.
365 Sec. 30. The governor and the secretary of health and environment
366 shall prepare a transition plan to provide for the separation of duties into
367 the department of health and the department of environment pursuant
368 to the provisions of this act.
369 Sec. 31. (a) The Kansas department of health created pursuant to
370 section 1, and amendments thereto, and the office of secretary of health,
371 created by section 2, and amendments thereto, hereby are subjected to
372 audit under the Kansas governmental operations accountability law, and
373 to review and evaluation during the 2004 regular session of the legislature,
374 or such other regular session of the legislature designated by the legis-
375 lative post audit committee in accordance with the provisions of subsec-
376 tion (c) of K.S.A. 74-7285, and amendments thereto.
377 (b) The provisions of this section shall be effective on and after Oc-
378 tober 1, 1999.
379 Sec. 32. (a) The Kansas department of environment created pursu-
380 ant to section 9, and amendments thereto, and the office of secretary of
381 environment, created by section 10, and amendments thereto, hereby are
382 subjected to audit under the Kansas governmental operations accounta-
383 bility law, and to review and evaluation during the 2004 regular session
384 of the legislature, or such other regular session of the legislature desig-
385 nated by the legislative post audit committee in accordance with the pro-
386 visions of subsection (c) of K.S.A. 74-7285, and amendments thereto.
387 (b) The provisions of this section shall be effective on and after Oc-
388 tober 1, 1999.
389 Sec. 33. On and after October 1, 1999, K.S.A. 75-5601, 75-5602, 75-
390 5603, 75-5604, 75-5605, 75-5606, 75-5607, 75-5608, 75-5609, 75-5610,
391 75-5610a, 75-5611, 75-5611a, 75-5612, 75-5613, 75-5616, 75-5617, 75-
392 5618, 75-5619, 75-5620, 75-5621, 75-5622, 75-5623, 75-5624, 75-5625
393 and section 30 of this act and K.S.A. 1998 Supp. 74-72,102 are hereby
394 repealed.
395 Sec. 34. This act shall take effect and be in force from and after its
396 publication in the Kansas register.