An Act concerning state moneys; relating to interest earnings; amending K.S.A. 32-858, 32-990, 32-992, 32-994, 34-102b, 38-1808, 49-622, 58-3066, 65-163c, 65-163c, as amended by section 10 of 1996 Senate Bill No. 475, 65-3322, 65-34,114, 65-34,128, 65- 34,129, 74-2912, 74-5074, 74-5091, 74-8828, 75-5343, 76-743, 76-762 and 76-832 and K.S.A. 1995 Supp. 39-7,123, 65-163e, 65-3024, 65-3415a, 65-3424g, 65-3431, 65-3431, as amended by section 16 of 1996 Senate Bill No. 475, 65-6809, 74-5086a, 74-50,151, 75-2250, 75-2254, 75-2729, 75-3668, 76-2473 and 82a-1503 and repealing the existing sections; also repealing K.S.A. 12-3716, 12-3717, 12-3719, 12-3720, 34-102b, as amended by section 1 of 1996 House Bill No. 2595, 65-163c, as amended by section 2 of 1996 House Bill No. 2965, and 65-34,114a and K.S.A. 1995 Supp. 12-3718, 65-3424g, as amended by section 7 of 1996 Senate Bill No. 399 and 65-3431, as amended by section 1 of 1996 Senate Bill No. 531.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 32-858 is hereby amended to read as follows: 32- 858. (a) All moneys derived from the sale of bonds as provided in K.S.A. 32-857 through 32-864, and amendments thereto, shall be paid into the state treasury and the state treasurer shall credit the same to a special account for the use of the department to pay the cost of the specific public improvement or project for which the bonds were issued as shown by the bond indenture executed in connection with the issuance of the bonds. If moneys derived from the sale of bonds exceed the amount necessary to complete the specific public improvement or project for which the bonds were issued, the secretary shall have power by resolution to direct the state treasurer to transfer any surplus from the special account to another account in the department's fee funds for the purpose of retiring the bonds. Upon making any such transfer the state treasurer shall notify the director of accounts and reports and the secretary thereof, who shall make the proper entries in the records of their respective offices to show such transfer.

(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the special ac- count established in subsection (a), the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state gen- eral fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the special account established in subsection (a). Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the special account estab- lished in subsection (a) during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the special account established in subsection (a) for the period of time specified under this subsection the net earnings rate of the pooled money investment portfolio for the preceding month.

(c) The director of accounts and reports, upon the presentation of properly itemized and executed vouchers, approved by the secretary, is hereby authorized to draw warrants on the state treasurer against the special account created under this section.

Sec. 2. K.S.A. 32-990 is hereby amended to read as follows: 32-990. (a) Unless otherwise directed by law, all moneys received from licenses, permits, stamps and other issues of the department, and duplicates thereof, to take, propagate, rehabilitate, collect, possess, sell, import, ex- port, transport or deal in wildlife, or parts thereof, and all moneys from sources related thereto or allied recreational pursuits, shall be remitted in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, to the state treasurer. The state treasurer shall deposit the entire amount in the state treasury and credit it to the wildlife fee fund, which is hereby created.

(b) All costs and expenses incurred by the department for the follow- ing purposes shall be paid from the wildlife fee fund:

(1) Administering, implementing and enforcing the laws of this state relating to wildlife and its protection, propagation, preservation, manage- ment, investigation and recreational use; and

(2) acquiring title to lands and rights therein or thereon, waters or water rights, and keeping, improving and maintaining the same for the purposes described in subsection (b)(1).

(c) No moneys derived from sources described in subsections (a) or (d) shall be used for any purpose other than the administration of matters which relate to wildlife and which are under the control, authorities and duties of the secretary and department as provided by law.

(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the wildlife fee fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the director of ac- counts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the pre- ceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to money in the wildlife fee fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the wildlife fee fund dur- ing the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the wildlife fee fund for the period of time specified under this subsection the net earnings rate of the pooled money investment portfolio for the preceding month.

(e) All expenditures from the wildlife fee fund shall be made in ac- cordance with appropriations acts upon warrants of the director of ac- counts and reports issued pursuant to vouchers approved by the secretary.

Sec. 3. K.S.A. 32-992 is hereby amended to read as follows: 32-992. (a) All license fees from the sale of lifetime hunting, fishing or combi- nation hunting and fishing licenses shall be remitted in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, to the state treasurer. The state treasurer shall deposit the entire amount in the state treasury and credit:

(1) To the wildlife fee fund, an amount equal to the amount obtained by multiplying the number of such lifetime licenses issued by the current fee for an annual fishing, hunting or combination license; and

(2) to the wildlife conservation fund, which is hereby created, the remaining balance.

(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the wildlife con- servation fund, the amount of money certified by the pooled money in- vestment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the di- rector of accounts and reports the amount of money equal to the pro- portionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the wildlife conservation fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the wildlife conservation fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the wildlife conservation fund for the period of time specified under this subsection the net earnings rate of the pooled money investment portfolio for the preceding month.

(c) All expenditures from the wildlife conservation fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the sec- retary.

Sec. 4. K.S.A. 32-994 is hereby amended to read as follows: 32-994. (a) All moneys received as bequests, donations or gifts by the department shall be credited to the Kansas department of wildlife and parks private gifts and donations fund which is hereby created.

(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas de- partment of wildlife and parks private gifts and donations fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the Kansas depart- ment of wildlife and parks private gifts and donations fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the Kansas department of wildlife and parks private gifts and donations fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the Kansas department of wildlife and parks private gifts and donations fund for the period of time specified under this subsection the net earn- ings rate of the pooled money investment portfolio for the preceding month.

Sec. 5. K.S.A. 34-102b is hereby amended to read as follows: 34- 102b. (a) The director of the state grain inspection department shall remit all moneys received by or for the director from fees, charges or penalties to the state treasurer at least monthly. Upon receipt of any such remit- tance the state treasurer shall deposit the entire amount thereof in the state treasury. Twenty percent (20%) of each such deposit shall be cred- ited to the state general fund and the balance shall be credited to the grain inspection fee fund, except that the entire amount of moneys re- ceived under K.S.A. 34-101c, as amended and amendments thereto, shall be credited to the grain inspection fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers ap- proved by the director or by a person or persons designated by the di- rector.

(b) No moneys credited to the grain inspection fee fund shall be used for any purpose other than the administration of matters which relate to the state grain inspection department and which are under the control, authorities and duties of the director and department as provided by law.

(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the grain inspection fee fund interest earnings based on: (1) The average daily balance of moneys in the grain inspection fee fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month.

Sec. 6. K.S.A. 38-1808 is hereby amended to read as follows: 38- 1808. (a) There is hereby established in the state treasury the family and children investment fund, to be administered by the board of directors of the corporation for change.

(b) (1) Moneys in the family and children investment fund shall be expended for: (A) Furthering the purposes of the corporation for change; (B) review and evaluation of progress in implementing the blueprint for investment in Kansas children and their families of 1991 special commit- tee on children's initiatives; (C) purposes which further implementation of a comprehensive, coordinated strategy for investment in Kansas chil- dren and their families; and (D) such other purposes as provided by law.

(2) There shall be credited to such fund appropriations, gifts, grants, contributions, matching funds and participant payments.

(3) All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the board of directors of the corporation for change or a person designated by the chairperson.

(c) (1) There is hereby created the family and children trust account in the family and children investment fund.

(2) Moneys credited to the family and children trust account shall be used for the following purposes: (A) Matching federal moneys to purchase services relating to community-based programs for the broad range of child abuse and neglect prevention activities; (B) providing start-up or expansion grants for community-based prevention projects for the broad range of child abuse and neglect prevention activities; (C) studying and evaluating community-based prevention projects for the broad range of child abuse and neglect prevention activities; (D) preparing, publishing, purchasing and disseminating educational material dealing with the broad range of child abuse and neglect prevention activities; (E) payment of the salary and actual and necessary travel expenses of the coordinator em- ployed by the corporation for change for the children and youth advocacy committee; and (F) payment of administrative costs of the family and children trust account and of the children and youth advocacy committee, including amounts provided by subsection (c) of K.S.A. 38-1805 and amendments thereto. No moneys in the family and children trust account shall be used for the purpose of providing services for the voluntary ter- mination of pregnancy.

(3) The children and youth advocacy committee of the corporation for change shall advise the board of directors in detail on the expenditures of moneys in the family and children trust account.

(d) (1) There is hereby created the permanent families account in the family and children investment fund.

(2) Moneys credited to the permanent families account shall be used for the following purposes: (A) Not more than 12% of the amount cred- ited to the account during the fiscal year may be used to provide technical assistance to district courts or local groups wanting to establish a local citizen review board or a court-appointed special advocate program, in- cluding but not limited to such staff as necessary to provide such assis- tance, and to provide services necessary for the administration of such board or program, including but not limited to grants administration, accounting, data collection, report writing and training of local citizen review board staff; (B) grants to court-appointed special advocate pro- grams, upon application approved by the administrative judge of the ju- dicial district where the program is located; and (C) grants to district courts, upon application of the administrative judge of the judicial district, for expenses of establishment, operation and evaluation of local citizen review boards in the judicial district, including costs of: (i) Employing local citizen review board coordinators and clerical staff; (ii) telephone, photocopying and office equipment and supplies for which there are shown to be no local funds available; (iii) mileage of staff and board mem- bers; and (iv) training staff and board members.

(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the family and chil- dren investment fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a and amendments thereto that is attributable to money in the family and children investment fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the family and children investment fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the family and children investment fund for the period of time specified under this subsection the net earnings rate of the pooled money invest- ment portfolio for the preceding month.

Sec. 7. K.S.A. 1995 Supp. 39-7,123 is hereby amended to read as follows: 39-7,123. (a) As used in this section: ``Individual assistance sup- port trust'' means a trust created by a not-for-profit corporation which is a 501(c)(3) organization under the federal internal revenue code of 1986 and which was organized for the purpose of receiving money pursuant to an agreement under this section.

(b) There is hereby established in the state treasury the state individ- ual assistance support trust fund.

(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the state individual assistance support trust fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state gen- eral fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the state individual assistance support trust fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the state individual assis- tance support trust fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the state individual assistance support trust fund for the period of time specified under this subsection the net earnings rate of the pooled money investment portfolio for the preceding month.

(d) The secretary of social and rehabilitation services may accept moneys from an individual assistance support trust for deposit in the state individual assistance support trust fund pursuant to an agreement with the individual assistance support trust for purposes of matching federal funds. The individual assistance support trust may retain 5% of any grant it receives for purposes of this section. The secretary shall deposit 10% of such moneys in the state general fund and 5% of such moneys shall be deposited in the state general fund and credited to the social welfare fund. The balance of such moneys shall be deposited in a separate account in the state individual assistance support trust fund for each grant so received. The moneys in each such account shall be expended by the secretary, in accordance with rules and regulations of the secretary, only for the purpose of matching federal funds in accordance with the terms of the agreement. Interest earned on moneys in the trust fund and trans- ferred to the trust fund under subsection (c) shall be prorated in accor- dance with procedures approved by the director of accounts and reports and credited monthly to each such account.

(e) If the secretary determines that the moneys cannot be used for the purpose of matching federal funds in a manner consistent with the rules and regulations of the secretary and the agreement, or upon the request of the individual assistance support trust, the remaining moneys in such account, together with any accumulated interest thereon, shall be paid to the individual assistance support trust which deposited such mon- eys in the state individual assistance support trust fund.

(f) The secretary shall adopt rules and regulations and procedures as may be necessary or useful for the administration of the trust fund. All payments and disbursements from the trust fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouch- ers approved by the secretary or by a person designated by the secretary.

Sec. 8. K.S.A. 49-622 is hereby amended to read as follows: 49-622. (a) There is hereby created within the state treasury the land reclamation fund.

(b) The director shall remit daily to the state treasurer all moneys collected from fees and civil penalties imposed pursuant to this act. Upon receipt thereof, the state treasurer shall deposit the entire amount in the state treasury and credit it to the land reclamation fund.

(c) All costs of administering the provisions of this act shall be paid from moneys credited or transferred to the land reclamation fund pur- suant to this section. Expenditures from the fund shall be made in ac- cordance with appropriation acts upon warrants of the director of ac- counts and reports issued pursuant to vouchers approved by the director.

(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the land recla- mation fund, the amount of money certified by the pooled money in- vestment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the di- rector of accounts and reports the amount of money equal to the pro- portionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to money in the land reclamation fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the land reclamation fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period of time the net earnings rate of the pooled money investment portfolio for the preceding month.

On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money in- vestment board the average daily balance of moneys in the land recla- mation fund for the period of time specified under this subsection.

Sec. 9. K.S.A. 58-3066 is hereby amended to read as follows: 58- 3066. (a) The real estate recovery revolving fund established within the state treasury by K.S.A. 58-3023, and amendments thereto, is hereby continued in existence. Such fund shall be used in the manner and for the purpose provided by this act.

(b) At any time that the balance remaining in the real estate recovery revolving fund is less than $100,000 the commission, without delay, shall assess each licensed broker a fee of $10 and each licensed salesperson a fee of $5. Such fees shall be deposited in the state treasury and credited to the real estate recovery revolving fund. If a licensee does not pay the assessment within 30 days from the date notice of assessment is mailed to the last residence address reported to the commission by the licensee, the licensee's license may be suspended in accordance with the Kansas administrative procedure act until the assessment is paid. A fee of $15 shall be paid by the licensee to reinstate the suspended license. Fees paid to reinstate licenses suspended under this section shall be deposited in the state treasury and credited to the state general fund and the real estate fee fund as provided by subsection (a) of K.S.A. 58-3074, and amend- ments thereto.

(c) All payments and disbursements from the real estate recovery revolving fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the commission or by any person or persons designated by the commission. Amounts credited to the real estate recovery revolving fund under this section shall not be subject to any limitation imposed by any appropriation act of the legislature. All payments and disbursements from the real estate recovery revolving fund shall be subject to post audit in accordance with article 11 of chapter 46 of the Kansas Statutes Annotated and any amend- ments thereto.

(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the real estate recovery revolving fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the real estate recovery revolving fund. Such amount of money shall be determined by the pooled money investment board interest earn- ings based on:

(1) The average daily balance of moneys in the real estate recovery revolving fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the real estate recovery revolving fund for the period of time specified under this subsection the net earnings rate of the pooled money invest- ment portfolio for the preceding month.

Sec. 10. K.S.A. 65-163c is hereby amended to read as follows: 65- 163c. (a) There is hereby established in the state treasury the public water supply fee fund. Revenue from the following sources shall be de- posited in the state treasury and credited to the fund:

(1) Fees collected under K.S.A. 65-163 and amendments thereto; and

(2) interest attributable to investment of moneys in the fund.

(b) Moneys deposited in the public water supply fee fund shall be expended only to inspect and regulate public water supplies and to pro- vide training, assistance and technical guidance to public water supply systems. The advisory committee established by K.S.A. 65-163 and amendments thereto shall advise the secretary regarding expenditures from the fund.

(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the public water supply fee fund the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding month, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the public water supply fee fund. Such amount of money shall be determined by the pooled money in- vestment board interest earnings based on:

(1) The average daily balance of moneys in the public water supply fee fund during the preceding month as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period. On or before the fifth day of each month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the public water supply fee fund during the net earnings rate of the pooled money investment portfolio for the preceding month.

(d) All expenditures from the public water supply fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment for the purposes set forth in this section.

Sec. 11. On and after July 1, 1996, K.S.A. 65-163c, as amended by section 10 of 1996 Senate Bill No. 475, is hereby amended to read as follows: 65-163c. (a) There is hereby established in the state treasury the public water supply fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:

(1) Fees collected under K.S.A. 65-163 and amendments thereto; and

(2) interest attributable to investment of moneys in the fund.

(b) Moneys deposited in the public water supply fee fund shall be expended only to: (1) inspect and regulate public water supplies and to (2) provide training, assistance and technical guidance to public water supply systems, including on-site technical assistance by the department or by a contractor contracting with the department in complying with the federal safe drinking water act (42 U.S.C. 300f et seq.) and regulations adopted under such act. The advisory committee established by K.S.A. 65-163 and amendments thereto shall advise the secretary regarding ex- penditures from the fund.

(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the public water supply fee fund interest earnings based on:

(1) The average daily balance of moneys in the public water supply fee fund for the preceding month; and

(2) the net earnings rate of the pooled money investment portfolio for the preceding month.

(d) All expenditures from the public water supply fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment for the purposes set forth in this section.

Sec./007006/K.S.A. 1995 Supp. 65-163e is hereby amended to read as follows: 65-163e. (a) There is hereby established in the state treasury the public water supply loan fund.

(b) Moneys from the following sources shall be credited to the fund:

(1) Amounts received by the state from the federal government for the purposes of the fund;

(2) amounts appropriated or otherwise made available by the legis- lature for the purposes of the fund;

(3) proceeds derived from the sale of bonds issued under K.S.A. 1995 Supp. 65-163l through 65-163t, and amendments thereto;

(4) amounts of repayments of loans made under this act, together with payments of interest thereon, in accordance with agreements en- tered into by the borrower and the secretary;

(5) interest attributable to investment of moneys in the fund; and

(6) amounts received from any public or private entity for the pur- poses of the fund.

(c) Subject to the conditions and in accordance with requirements of this act, moneys credited to the fund shall be used only:

(1) To make loans to municipalities for payment of all or part of pro- ject costs;

(2) as a source of revenue or security for the payment of principal and interest on bonds issued under K.S.A. 1995 Supp. 65-163l through 65-163t, and amendments thereto, if, and to the extent that, the proceeds of the sale of such bonds are deposited in the fund;

(3) to earn interest on moneys in the fund; and

(4) for the reasonable costs, as determined by the secretary, of ad- ministering the fund and conducting activities under this act. Such costs shall be identified annually in development of the intended use plan as described in K.S.A. 1995 Supp. 65-163h, and amendments thereto.

(d) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the public water supply loan fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to money in the public water supply loan fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the public water supply loan fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the public water supply loan fund for the period of time specified under this subsection the net earnings rate of the pooled money investment port- folio for the preceding month.

(e) All payments and disbursements from the fund shall be made in accordance with appropriation acts upon warrants of the director of ac- counts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary. All payments and disbursements from the fund, and beginning and ending balances thereof, shall be subject each year to post audit in accordance with article 11 of chapter 46 of the Kansas Statutes Annotated.

Sec./007006/K.S.A. 1995 Supp. 65-3024 is hereby amended to read as follows: 65-3024. (a) The secretary may fix, charge and collect annual emissions fees in amounts necessary to pay the direct and indirect costs of administering the provisions of the Kansas air quality act. The secretary shall adopt rules and regulations fixing such fees and shall periodically increase or decrease such fees consistent with the need to cover the direct and indirect costs of administering the program. To the extent possible, annual emission fees shall be based upon actual emissions determined pursuant to rules and regulations adopted by the secretary. For purposes of determining emission fees for a facility, emissions of any single regu- lated pollutant in excess of 4,000 tons per year shall not be included in the calculation when determining the total emissions from the facility.

(b) There is hereby established in the state treasury the air quality fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:

(1) Fees collected under subsection (a);

(2) any moneys recovered by the state under the provisions of this act, including administrative expenses, civil penalties and moneys paid under any agreement, stipulation or settlement; and

(3) interest attributable to investment of moneys in the fund.

(c) Moneys deposited in the fund shall be expended only for the pur- pose of administering the Kansas air quality act, including funding of a technical and environmental compliance assistance program, and for no other governmental purposes.

(d) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the air quality fee fund the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the pre- ceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the air quality fee fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the air quality fee fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the air quality fee fund for the period of time specified under this sub- section the net earnings rate of the pooled money investment portfolio for the preceding month.

(e) All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.

Sec./007006/K.S.A. 65-3322 is hereby amended to read as follows: 65- 3322. (a) There is hereby established in the state treasury a fund to be maintained in perpetuity and to be known as the Kansas water pollution control revolving fund. The fund shall consist of:

(1) Amounts awarded or otherwise made available to this state under the federal act for the purposes of the fund;

(2) amounts appropriated or otherwise made available by the legis- lature for the purposes of the fund;

(3) the proceeds, if any, derived from the sale of bonds issued by the Kansas development finance authority for the purposes of the fund to the extent provided in any agreement entered into by the secretary and the authority;

(4) amounts of repayments made by municipalities of loans received under K.S.A. 65-3321 through 65-3329, and amendments thereto, to- gether with payments of interest thereon, in accordance with agreements entered into by such municipalities and the secretary;

(5) amounts earned on moneys in the fund; and

(6) amounts contributed or otherwise made available by any public or private entity for use in effectuating the purposes of the fund.

(b) Subject to the conditions and in accordance with requirements of the federal act and the provisions of K.S.A. 65-3321 through 65-3329, and amendments thereto, the fund may be used only:

(1) To make loans to municipalities for payment of all or a part of project costs;

(2) to carry out planning for wastewater treatments works;

(3) for implementation of nonpoint source pollution control pro- grams;

(4) as a source of revenue or security for the payment of principal and interest on bonds issued by the Kansas development finance authority if, and to the extent that, the proceeds of the sale of such bonds are deposited in the fund;

(5) to earn interest on moneys in the fund; and

(6) for the reasonable costs, in amounts not to exceed 4% of all amounts awarded to the state for the fund under title VI of the federal act, of administering the fund and conducting activities under K.S.A. 65- 3321 through 65-3329, and amendments thereto, and for reasonable costs after amounts cease to be awarded by the federal government under title VI of the federal act, as determined by the secretary, of administering the fund and conducting activities under K.S.A. 65-3321 through 65-3329, and amendments thereto. Such costs shall be identified annually in de- velopment of the intended use plan as described in K.S.A. 65-3325, and amendments thereto.

(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas water pollution control revolving fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state gen- eral fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the Kansas water pollution control revolving fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the Kansas water pollution control revolving fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the Kansas water pollution control revolving fund for the period of time specified under this subsection the net earnings rate of the pooled money investment portfolio for the preceding month.

(d) All payments and disbursements from the fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary. All payments and disbursements from the fund, and beginning and ending balances thereof, shall be subject each year to post audit in accordance with article 11 of chapter 46 of the Kansas Statutes Annotated.

Sec./007006/K.S.A. 1995 Supp. 65-3415a is hereby amended to read as follows: 65-3415a. (a) There is hereby created in the state treasury the solid waste management fund.

(b) The secretary shall remit at least monthly to the state treasurer all moneys collected or received by the secretary from the following sources:

(1) Solid waste tonnage fees imposed pursuant to K.S.A. 65-3415b, and amendments thereto;

(2) application and annual fees provided for by K.S.A. 65-3407, and amendments thereto;

(3) gifts, grants, reimbursements or appropriations intended to be used for the purposes of the fund, but excluding federal grants and co- operative agreements; and

(4) any other moneys provided by law.

Upon receipt thereof, the state treasurer shall deposit in the state treas- ury any amount remitted pursuant to this subsection and shall credit the entire amount to the solid waste management fund.

(c) Moneys in the solid waste management fund shall be expended for the following purposes:

(1) Grants to counties or groups of counties or designated city or cities pursuant to K.S.A. 65-3415, and amendments thereto, but the total amount of expenditures from the fund in the fiscal year beginning July 1, 1995, for grants pursuant to subsection (b) of K.S.A. 65-3415 and amendments thereto shall not exceed an amount equal to 20% of all amounts credited to the fund during the preceding fiscal year;

(2) monitoring and investigating solid waste management plans of counties and groups of counties;

(3) payment of extraordinary costs related to monitoring permitted solid waste processing facilities and disposal areas, both during operation and after closure;

(4) payment of costs of postclosure cleanup of permitted solid waste disposal areas which, as a result of a postclosure occurrence, pose a sub- stantial hazard to public health or safety or to the environment;

(5) emergency payment for costs of cleanup of solid waste disposal areas which were closed before the effective date of this act and which pose a substantial risk to the public health or safety or to the environment, but the total amount of such emergency payments during a fiscal year shall not exceed an amount equal to 50% of all amounts credited to the fund during the preceding fiscal year;

(6) payment for emergency action by the secretary as necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release from a solid waste processing facility or a solid waste disposal area;

(7) payment for corrective action by the secretary where the release presents actual or potential threat to human health or the environment, if the owner or operator has not been identified or is unable or unwilling to perform corrective action;

(8) payment of the administrative, technical and legal costs incurred by the secretary in carrying out the provisions of K.S.A. 65-3401 through 65-3423, and amendments thereto, including the cost of any additional employees or increased general operating costs of the department attrib- utable therefor;

(9) development of educational materials and programs for informing the public about solid waste issues;

(10) direct payments to reimburse counties or cities for household, farmer or exempt small quantity generator hazardous wastes generated from persons not served by existing household hazardous waste programs or direct payment of contractors for the disposal costs of such wastes; and

(11) payment of costs associated with the solid waste grants advisory board pursuant to K.S.A. 65-3415a K.S.A. 1995 Supp. 65-3426, and amendments thereto.

(d) If the secretary determines that expenditures from the solid waste management fund are necessary, the person or persons responsible for the operation or long-term care of a disposal area whose failure to comply with this act, rules and regulations promulgated thereunder, or permit conditions resulted in such determination, shall be responsible for the repayment of those amounts expended. The secretary shall take appro- priate action to enforce this provision against any responsible person. The secretary shall remit to the state treasurer any amounts recovered and collected in such action. The state treasurer shall deposit all such amounts in the state treasury and credit the same to the solid waste management fund.

(e) Expenditures from the solid waste management fund shall be made in accordance with appropriations acts upon warrants of the direc- tor of accounts and reports issued pursuant to vouchers approved by the secretary or a person designated by the secretary.

(f) On or before the 10th day of the each month following the month in which moneys are first credited to the solid waste management fund, and monthly thereafter on or before the 10th day of the month, the director of accounts and reports shall transfer from the state general fund to the solid waste management fund the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of the month following the month in which moneys are first credited to the solid waste management fund, and monthly there- after prior to the 10th day of the month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding month, pursuant to K.S.A. 75- 4210a, and amendments thereto, that is attributable to moneys in the solid waste management fund. Such amount of money shall be deter- mined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the solid waste manage- ment fund during the preceding month as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month following the month in which moneys are first credited to the solid waste management fund, and monthly thereafter on or before the fifth day of the month, the director of accounts and reports shall certify to the pooled money in- vestment board the average daily balance of moneys in the solid waste management fund during the net earnings rate of the pooled money in- vestment portfolio for the preceding month.

(g) The solid waste management fund shall be used for the purposes set forth in this act and for no other governmental purposes. It is the intent of the legislature that the fund shall remain intact and inviolate for the purposes set forth in this act, and moneys in the fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.

Sec./007006/K.S.A. 1995 Supp. 65-3431 is hereby amended to read as follows: 65-3431. The secretary is authorized and directed to:

(a) Adopt such rules and regulations, standards and procedures rel- ative to hazardous waste management as may be necessary to protect the public health and environment and enable the secretary to carry out the purposes and provisions of this act.

(b) Report to the legislature on further assistance needed to admin- ister the hazardous waste management program.

(c) Administer the hazardous waste management program pursuant to provisions of this act.

(d) Cooperate with appropriate federal, state, interstate and local units of government and with appropriate private organizations in carry- ing out the duties under this act.

(e) Develop a statewide hazardous waste management plan.

(f) Provide technical assistance, including the training of personnel, to industry, local units of government and the hazardous waste manage- ment industry to meet the requirements of this act.

(g) Initiate, conduct and support research, demonstration projects, and investigations and coordinate all state agency research programs with applicable federal programs pertaining to hazardous waste management.

(h) Establish policies for effective hazardous waste management.

(i) Authorize issuance of such permits and orders, conduct inspec- tions and collect samples or require information and copy records or data as may be necessary to implement the provisions of this act and the rules and regulations and standards adopted pursuant to this act.

(j) Conduct and contract for research and investigations in the overall area of hazardous waste storage, collection, transportation, treatment, re- covery and disposal including, but not limited to, new and novel proce- dures.

(k) Adopt rules and regulations establishing criteria for identifying the characteristics of hazardous waste and for listing hazardous waste. The secretary shall prepare and keep current a listing of hazardous wastes and set of characteristics based on the rules and regulations adopted pur- suant to this subsection. The listing shall identify, but need not be inclu- sive of, all the hazardous waste subject to the provisions of this act. The criteria for identification and listing shall be consistent with the criteria for identification and listing adopted by the administrator of the United States environmental protection agency under the authority vested in the administrator by the Resource Conservation and Recovery Act of 1976 (42 USC 6921) as amended by the Solid Waste Disposal Act of 1980 (P.L. 94-482, October 21, 1980), and as amended by the Hazardous and Solid Waste Act of 1984 (P.L. 98-616, November 8, 1984).

(l) Adopt rules and regulations establishing: (1) Appropriate measures for monitoring generators, transporters and facilities during operation, closure, and after closure of such facilities to insure compliance with the rules and regulations adopted under this act and any permit issued under this act; (2) procedures to suspend operation of such generators, trans- porters or facilities as may be required to protect the public health and safety or the environment; and (3) appropriate measures to insure that any use of a hazardous waste disposal facility after closure will not en- danger the public health or safety or the environment.

(m) Adopt rules and regulations establishing standards for hazardous waste generators including, but not limited to, notification of hazardous waste generation, reporting, recordkeeping, labeling, containerization, source separation, storage, manifests, monitoring, sampling and analysis and manner of filing notifications, reports and manifests.

(n) Adopt rules and regulations prescribing the form of the manifest and requiring such manifest to accompany any hazardous waste collected, transported, treated, recovered or disposed of, and prescribing the con- tents of the manifest which shall include, but not be limited to, the quan- tity and composition of the hazardous waste, generator, transporter, des- tination, facility and the manner of signing and filing of the manifest and for the maintenance of records.

(o) Adopt rules and regulations establishing standards for routes used for transporting hazardous waste within the state with the concurrence of the state corporation commission. Such standards shall be consistent with those of the United States department of transportation and the state corporation commission, with respect to transportation of hazardous ma- terials. Motor vehicles which are used for the transportation of hazardous waste in accordance with this act shall be exempt from the requirements of K.S.A. 66-1,108 et seq. and amendments thereto, and any rules and regulations adopted thereunder pertaining to routes which shall be under the jurisdiction of the secretary as provided in this act including any rules and regulations adopted thereunder. Otherwise such motor vehicles shall be subject to the requirements of K.S.A. 66-1,108 et seq. and amendments thereto, and any rules and regulations adopted thereunder.

(p) Adopt rules and regulations establishing standards for transport- ers of hazardous waste including, but not limited to, notification of haz- ardous waste transport, manifests, labeling, recordkeeping and the filing of reports.

(q) Adopt rules and regulations establishing standards and procedu- res to protect public health and the environment from any release of hazardous waste into the environment and to insure the prompt correc- tion of any such release and damage resulting therefrom by the person transporting, handling or managing such hazardous waste.

(r) Adopt rules and regulations requiring that, for such period of time as the secretary shall specify, any assignment, sale, conveyance or transfer of all or any part of the real property upon which a hazardous waste treatment, storage or disposal facility is or has been located shall be sub- ject to such terms and conditions as to the use of such property as the secretary shall specify to protect human health and the environment.

(s) Adopt rules and regulations establishing a permit system which includes standards for facilities and procedures for implementation of a permit system for the construction, alteration, or operation of a hazardous waste treatment, storage or disposal facility including, but not limited to, content of applications, evidence of financial responsibility, existing hy- drogeological characteristics, environmental assessment, training of per- sonnel, maintenance of operations, qualifications of ownership, continuity of operation, public notification and participation and compliance with those standards established pursuant to subsection (t).

(t) Adopt rules and regulations establishing minimum standards for the design, location, construction, alteration, operation, termination, clos- ing and long-term care of facilities for the treatment, storage or disposal of hazardous waste including, but not limited to, notification of hazardous waste treatment, storage or disposal, general facility standards, contin- gency plans, emergency procedures, manifest system, recordkeeping, in- spections, monitoring, reporting, closure and postclosure plans and fi- nancial requirements. The operator of the facility shall be responsible for long-term care of the facility for 30 years after closure of the facility except that the secretary may modify the long-term care requirements for any facility when all hazardous waste is removed from the facility at closure. The secretary may extend the long-term care responsibility of any oper- ator of a facility as the secretary may deem necessary to protect the public health and safety or the environment. Any person acquiring rights of possession or operation of any facility permitted by the secretary for the treatment, storage or disposal of hazardous waste at any time after the facility has begun to accept waste and prior to the end of the required period of long-term care shall be subject to all of the requirements, terms and conditions of the permit for the facility including all requirements relating to long-term care of the facility. The sale or acquisition of a hazardous waste disposal facility during the long-term care period shall be subject to the assignment of long-term care responsibilities as deter- mined by the secretary.

(u) Adopt rules and regulations establishing a schedule of annual fees to be paid to the secretary by: (1) Persons owning or operating hazardous waste treatment, storage or disposal facilities; (2) hazardous waste trans- porters; or (3) hazardous waste generators producing or bringing into existence hazardous waste in Kansas. The fees shall be for monitoring facilities both during and after operation, for monitoring generators of hazardous waste in Kansas and for monitoring the transportation of haz- ardous wastes. The fees shall be sufficient to reimburse the cost of the state in performing these monitoring responsibilities. The fee established under this subsection for each hazardous waste facility shall not exceed $50,000 annually. In setting fees, the secretary may exempt those fees which would be payable by generators for hazardous waste which is treated to recover substantial amounts of either energy or materials from hazardous wastes. The secretary shall remit at least monthly any moneys collected from such fees to the state treasurer. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the state general fund.

(v) (1) Adopt rules and regulations establishing a schedule of fees to be paid to the secretary by permittees operating hazardous waste disposal facilities. In establishing fees, the secretary shall give consideration to degree of hazard, costs of treatment and disposal, estimated future re- ceipts and estimated future expenses to the state for monitoring, main- tenance and supervision of the facilities after closure. Fees shall be in an amount of not to exceed $.01 per pound of hazardous waste disposed of. Each permittee, as an advance payment of the fees authorized under this subsection, shall remit to the secretary an amount to be established by the secretary not to exceed $25,000 upon request and notification by the secretary that an initial application for a permit or initial renewal thereof has been approved, subject to receipt of the advance payment. Com- mencing with the second renewal, no advance payment shall be required. The advance payment shall constitute a credit against any fee which may be assessed pursuant to this subsection.

(2) The secretary shall remit at least monthly any moneys collected pursuant to this subsection to the state treasurer. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the hazardous waste perpetual care trust fund, which fund is hereby limited to the following uses: (A) Payment of extraordinary costs of monitoring a permitted hazardous waste disposal facility after the responsibility of the operator has termi- nated; (B) payment of costs of repairing a hazardous waste disposal fa- cility, as a result of a postclosure occurrence which poses a substantial hazard to public health or safety or to the environment. If an expenditure made under this subsection would not have been necessary had the per- son responsible for the operation or long-term care of the permitted haz- ardous waste disposal facility complied with the requirements of a plan of operation approved by the secretary when the permit was issued, a cause of action in favor of the hazardous waste perpetual care trust fund shall be accrued to the state of Kansas against such person, and the sec- retary shall take such action as is appropriate to enforce this cause of action by recovering any amounts so expended. The net proceeds of any such recovery shall be deposited in the state treasury and credited to the hazardous waste perpetual care trust fund; and (C) on an emergency basis up to 20% of the balance in the hazardous waste perpetual care trust fund may be allocated for investigation, engineering and construction related to the removal, treatment and disposal of hazardous waste disposed of in any hazardous waste disposal facility, when such hazardous waste is found to pose an imminent and substantial risk to the public health or safety or the environment.

(3) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the hazardous waste perpetual care trust fund the amount of money certified by the pooled money investment board in accordance with this paragraph. Prior to the 10th day of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state gen- eral fund for the preceding month, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the hazardous waste perpetual care trust fund. Such amount of money shall be deter- mined by the pooled money investment board interest earnings based on:

(A) The average daily balance of moneys in the hazardous waste per- petual care trust fund during the preceding month as certified to the board by the director of accounts and reports for the preceding month; and

(B) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of each month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the hazardous waste per- petual care trust fund during the net earnings rate of the pooled money investment portfolio for the preceding month.

(4) All expenditures from the hazardous waste perpetual care trust fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers ap- proved by the secretary for the purposes set forth in this subsection.

(w) (1) Adopt rules and regulations establishing a schedule of fees to be paid to the secretary by applicants for permits to construct, modify or operate a hazardous waste facility. The fees established under this sub- section shall not exceed $175,000 for each application submitted. These fees shall be based upon resources required to review the application, the type of facility, quantity of waste processed, type of waste processed, degree of hazard and potential impact upon human health and environ- ment. Fees collected under this subsection shall be used by the secretary to recover the costs associated with the review and processing of the permit application for which the fee was paid.

(2) The secretary shall remit at least monthly any money collected pursuant to this subsection to the state treasurer. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the environmental permit fund, which fund is hereby established in the state treasury. Moneys in the environmental permit fund may be expended for the following pur- poses: (A) Technical reviews of applications for permits including permit modifications and permit renewals for hazardous waste facilities; (B) eval- uating options available for minimizing the generation of hazardous wastes; (C) completing background investigations of applicants pursuant to subsection (c) of K.S.A. 65-3437 and amendments thereto; (D) com- pleting the site investigations pursuant to subsection (d) of K.S.A. 65- 3437 and amendments thereto; or (E) assuring that the permittee fulfills all permit conditions during the effective period of the permit.

(3) On or before the 10th day of the each month following the month in which moneys are first credited to the environmental permit fund, and monthly thereafter on or before the 10th day of the month, the director of accounts and reports shall transfer from the state general fund to the environmental permit fund, the amount of money certified by the pooled money investment board in accordance with this paragraph. Prior to the 10th day of the month following the month in which moneys are first credited to the environmental permit fund, and monthly thereafter prior to the 10th day of the month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state gen- eral fund for the preceding month, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the environmental permit fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(A) The average daily balance of moneys in the environmental permit fund during the preceding month as certified to the board by the director of accounts and reports for the preceding month; and

(B) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month following the month in which moneys are first credited to the environmental permit fund, and monthly thereafter on or before the fifth day of the month, the director of accounts and reports shall certify to the pooled money in- vestment board the average daily balance of moneys in the environmental permit fund during the net earnings rate for the pooled money investment portfolio for the preceding month.

(4) All expenditures from the environmental permit fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this subsection.

(x) (1) Adopt rules and regulations establishing a schedule of fees to be paid to the secretary by off-site hazardous waste treatment and disposal facilities. In establishing fees, the secretary shall give consideration to the degree of hazard, quantity of waste, costs of treatment or disposal, and estimated future receipts. Fees shall be in an amount not to exceed $.01 per pound of hazardous waste treated, except that in no event shall the fees established under this subsection for treatment of hazardous waste exceed a total amount of $200,000 per year for any single facility. Fees shall be in an amount not to exceed $.01 per pound of hazardous waste burned by any facility which recycles and utilizes hazardous waste pri- marily to recover useful energy or materials to be used in the manufacture of a product, including but not limited to the burning of hazardous waste in kilns to recover energy or materials for use in the commercial produc- tion of cement, except that in no event shall the fees established under this subsection for burning of hazardous waste by any such facility exceed a total amount of $50,000 per year for any single facility. In all other cases, fees shall be in an amount not to exceed $.05 per pound of haz- ardous waste disposed of except that in no event shall any fee be estab- lished under this exception prior to July 1, 1996, and which exceeds $50,000 in any 12-month period for the treatment or disposal of hazard- ous waste at any facility if such facility: (A) Operates under a permit or permits granted by the secretary pursuant to K.S.A. 65-3430 et seq., and amendments thereto; (B) treats or disposes of hazardous waste generated by such facility or a single generator located on property contiguous to such facility, or both; and (C) was treating or disposing of hazardous waste generated on such contiguous property as of July 1, 1991, with the knowl- edge of the secretary. In establishing the amount of fees pursuant to the immediately preceding exception, the secretary shall base the same upon the degree of hazard, quantity of waste, costs of treatment or disposal, estimated receipts for disposal services and waste reduction efforts of such facility.

(2) The secretary shall remit at least monthly any money collected pursuant to this subsection to the state treasurer. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the environmental permit fund, except that 25% of any such deposit shall be deposited to the credit of the hazardous waste collection fund.

(y) Encourage, coordinate or participate in one or more waste exchange clearing houses for the purpose of promoting reuse and recy- cling of industrial wastes.

(z) Adopt rules and regulations establishing the criteria to specify when a change of principal owners or management of a hazardous waste treatment, storage or disposal facility occurs and under what circum- stances and procedures a new permit shall be required to be issued to the transferees of a facility which was permitted to the transferor.

(aa) Adopt rules and regulations concerning the generation, trans- portation, storage, blending, marketing, burning and types of hazardous waste for which any method, technique or process to recover energy will be considered hazardous waste treatment. Such rules and regulations should specify a minimum heat value of the waste so as to ensure that a legitimate energy recovery will occur and should consider other charac- teristics of the waste which are appropriate to ensure that such method, technique or process for energy recovery will not pose a threat to the public health or environment.

Sec./007006/On and after July 1, 1996, K.S.A. 1995 Supp. 65-3431, as amended by section 16 of 1996 Senate Bill No. 475, is hereby amended to read as follows: 65-3431. The secretary is authorized and directed to:

(a) Adopt such rules and regulations, standards and procedures rel- ative to hazardous waste management as may be necessary to protect the public health and environment and enable the secretary to carry out the purposes and provisions of this act.

(b) Report to the legislature on further assistance needed to admin- ister the hazardous waste management program.

(c) Administer the hazardous waste management program pursuant to provisions of this act.

(d) Cooperate with appropriate federal, state, interstate and local units of government and with appropriate private organizations in carry- ing out the duties under this act.

(e) Develop a statewide hazardous waste management plan.

(f) Provide technical assistance, including the training of personnel, to industry, local units of government and the hazardous waste manage- ment industry to meet the requirements of this act.

(g) Initiate, conduct and support research, demonstration projects, and investigations and coordinate all state agency research programs with applicable federal programs pertaining to hazardous waste management.

(h) Establish policies for effective hazardous waste management.

(i) Authorize issuance of such permits and orders, conduct inspec- tions and collect samples or require information and copy records or data as may be necessary to implement the provisions of this act and the rules and regulations and standards adopted pursuant to this act.

(j) Conduct and contract for research and investigations in the overall area of hazardous waste storage, collection, transportation, treatment, re- covery and disposal including, but not limited to, new and novel proce- dures.

(k) Adopt rules and regulations establishing criteria for identifying the characteristics of hazardous waste and for listing hazardous waste. The secretary shall prepare and keep current a listing of hazardous wastes and set of characteristics based on the rules and regulations adopted pur- suant to this subsection. The listing shall identify, but need not be inclu- sive of, all the hazardous waste subject to the provisions of this act. The criteria for identification and listing shall be consistent with the criteria for identification and listing adopted by the administrator of the United States environmental protection agency under the authority vested in the administrator by the Resource Conservation and Recovery Act of 1976 (42 USC 6921) as amended by the Solid Waste Disposal Act of 1980 (P.L. 94-482, October 21, 1980), and as amended by the Hazardous and Solid Waste Act of 1984 (P.L. 98-616, November 8, 1984).

(l) Adopt rules and regulations establishing: (1) Appropriate measures for monitoring generators, transporters and facilities during operation, closure, and after closure of such facilities to insure compliance with the rules and regulations adopted under this act and any permit issued under this act; (2) procedures to suspend operation of such generators, trans- porters or facilities as may be required to protect the public health and safety or the environment; and (3) appropriate measures to insure that any use of a hazardous waste disposal facility after closure will not en- danger the public health or safety or the environment.

(m) Adopt rules and regulations establishing standards for hazardous waste generators including, but not limited to, notification of hazardous waste generation, reporting, recordkeeping, labeling, containerization, source separation, storage, manifests, monitoring, sampling and analysis and manner of filing notifications, reports and manifests.

(n) Adopt rules and regulations prescribing the form of the manifest and requiring such manifest to accompany any hazardous waste collected, transported, treated, recovered or disposed of, and prescribing the con- tents of the manifest which shall include, but not be limited to, the quan- tity and composition of the hazardous waste, generator, transporter, des- tination, facility and the manner of signing and filing of the manifest and for the maintenance of records.

(o) Adopt rules and regulations establishing standards for routes used for transporting hazardous waste within the state with the concurrence of the state corporation commission. Such standards shall be consistent with those of the United States department of transportation and the state corporation commission, with respect to transportation of hazardous ma- terials. Motor vehicles which are used for the transportation of hazardous waste in accordance with this act shall be exempt from the requirements of K.S.A. 66-1,108 et seq. and amendments thereto, and any rules and regulations adopted thereunder pertaining to routes which shall be under the jurisdiction of the secretary as provided in this act including any rules and regulations adopted thereunder. Otherwise such motor vehicles shall be subject to the requirements of K.S.A. 66-1,108 et seq. and amendments thereto, and any rules and regulations adopted thereunder.

(p) Adopt rules and regulations establishing standards for transport- ers of hazardous waste including, but not limited to, notification of haz- ardous waste transport, manifests, labeling, recordkeeping and the filing of reports.

(q) Adopt rules and regulations establishing standards and procedu- res to protect public health and the environment from any release of hazardous waste into the environment and to insure the prompt correc- tion of any such release and damage resulting therefrom by the person transporting, handling or managing such hazardous waste.

(r) Adopt rules and regulations requiring that, for such period of time as the secretary shall specify, any assignment, sale, conveyance or transfer of all or any part of the real property upon which a hazardous waste treatment, storage or disposal facility is or has been located shall be sub- ject to such terms and conditions as to the use of such property as the secretary shall specify to protect human health and the environment.

(s) Adopt rules and regulations establishing a permit system which includes standards for facilities and procedures for implementation of a permit system for the construction, alteration, or operation of a hazardous waste treatment, storage or disposal facility including, but not limited to, content of applications, evidence of financial responsibility, existing hy- drogeological characteristics, environmental assessment, training of per- sonnel, maintenance of operations, qualifications of ownership, continuity of operation, public notification and participation and compliance with those standards established pursuant to subsection (t).

(t) Adopt rules and regulations establishing minimum standards for the design, location, construction, alteration, operation, termination, clos- ing and long-term care of facilities for the treatment, storage or disposal of hazardous waste including, but not limited to, notification of hazardous waste treatment, storage or disposal, general facility standards, contin- gency plans, emergency procedures, manifest system, recordkeeping, in- spections, monitoring, reporting, closure and postclosure plans and fi- nancial requirements. The operator of the facility shall be responsible for long-term care of the facility for 30 years after closure of the facility except that the secretary may modify the long-term care requirements for any facility when all hazardous waste is removed from the facility at closure. The secretary may extend the long-term care responsibility of any oper- ator of a facility as the secretary may deem necessary to protect the public health and safety or the environment. Any person acquiring rights of possession or operation of any facility permitted by the secretary for the treatment, storage or disposal of hazardous waste at any time after the facility has begun to accept waste and prior to the end of the required period of long-term care shall be subject to all of the requirements, terms and conditions of the permit for the facility including all requirements relating to long-term care of the facility. The sale or acquisition of a hazardous waste disposal facility during the long-term care period shall be subject to the assignment of long-term care responsibilities as deter- mined by the secretary.

(u) Adopt rules and regulations establishing a schedule of annual fees to be paid to the secretary by: (1) Persons owning or operating hazardous waste treatment, storage or disposal facilities; (2) hazardous waste trans- porters; or (3) hazardous waste generators producing or bringing into existence hazardous waste in Kansas. The fees shall be for monitoring facilities both during and after operation, for monitoring generators of hazardous waste in Kansas and for monitoring the transportation of haz- ardous wastes. The fees shall be sufficient to reimburse the cost of the state in performing these monitoring responsibilities. The fee established under this subsection for each hazardous waste facility shall not exceed $50,000 annually. In setting fees, the secretary may exempt those fees which would be payable by generators for hazardous waste which is treated to recover substantial amounts of either energy or materials from hazardous wastes. The secretary shall remit at least monthly any moneys collected from such fees to the state treasurer. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the state general fund.

(v) (1) Adopt rules and regulations establishing a schedule of fees to be paid to the secretary by permittees operating hazardous waste disposal facilities. In establishing fees, the secretary shall give consideration to degree of hazard, costs of treatment and disposal, estimated future re- ceipts and estimated future expenses to the state for monitoring, main- tenance and supervision of the facilities after closure. Fees shall be in an amount of not to exceed $.01 per pound of hazardous waste disposed of. Each permittee, as an advance payment of the fees authorized under this subsection, shall remit to the secretary an amount to be established by the secretary not to exceed $25,000 upon request and notification by the secretary that an initial application for a permit or initial renewal thereof has been approved, subject to receipt of the advance payment. Com- mencing with the second renewal, no advance payment shall be required. The advance payment shall constitute a credit against any fee which may be assessed pursuant to this subsection.

(2) The secretary shall remit at least monthly any moneys collected pursuant to this subsection to the state treasurer. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the hazardous waste perpetual care trust fund, which fund is hereby limited to the following uses: (A) Payment of extraordinary costs of monitoring a permitted hazardous waste disposal facility after the responsibility of the operator has termi- nated; (B) payment of costs of repairing a hazardous waste disposal fa- cility, as a result of a postclosure occurrence which poses a substantial hazard to public health or safety or to the environment. If an expenditure made under this subsection would not have been necessary had the per- son responsible for the operation or long-term care of the permitted haz- ardous waste disposal facility complied with the requirements of a plan of operation approved by the secretary when the permit was issued, a cause of action in favor of the hazardous waste perpetual care trust fund shall be accrued to the state of Kansas against such person, and the sec- retary shall take such action as is appropriate to enforce this cause of action by recovering any amounts so expended. The net proceeds of any such recovery shall be deposited in the state treasury and credited to the hazardous waste perpetual care trust fund; and (C) on an emergency basis up to 20% of the balance in the hazardous waste perpetual care trust fund may be allocated for investigation, engineering and construction related to the removal, treatment and disposal of hazardous waste disposed of in any hazardous waste disposal facility, when such hazardous waste is found to pose an imminent and substantial risk to the public health or safety or the environment.

(3) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the hazardous waste perpetual care trust fund interest earnings based on:

(A) The average daily balance of moneys in the hazardous waste per- petual care trust fund for the preceding month; and

(B) the net earnings rate of the pooled money investment portfolio for the preceding month.

(4) All expenditures from the hazardous waste perpetual care trust fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers ap- proved by the secretary for the purposes set forth in this subsection.

(w) (1) Adopt rules and regulations establishing a schedule of fees to be paid to the secretary by applicants for permits to construct, modify or operate a hazardous waste facility. The fees established under this sub- section shall not exceed $175,000 for each application submitted. These fees shall be based upon resources required to review the application, the type of facility, quantity of waste processed, type of waste processed, degree of hazard and potential impact upon human health and environ- ment. Fees collected under this subsection shall be used by the secretary to recover the costs associated with the review and processing of the permit application for which the fee was paid.

(2) The secretary shall remit at least monthly any money collected pursuant to this subsection to the state treasurer. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the environmental permit fund, which fund is hereby established in the state treasury. Moneys in the environmental permit fund may be expended for the following pur- poses: (A) Technical reviews of applications for permits including permit modifications and permit renewals for hazardous waste facilities; (B) eval- uating options available for minimizing the generation of hazardous wastes; (C) completing background investigations of applicants pursuant to subsection (c) of K.S.A. 65-3437 and amendments thereto; (D) com- pleting the site investigations pursuant to subsection (d) of K.S.A. 65- 3437 and amendments thereto; or (E) assuring that the permittee fulfills all permit conditions during the effective period of the permit.

(3) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the environmen- tal permit fund interest earnings based on:

(A) The average daily balance of moneys in the environmental permit fund for the preceding month; and

(B) the net earnings rate for the pooled money investment portfolio for the preceding month.

(4) All expenditures from the environmental permit fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this subsection.

(x) (1) Adopt rules and regulations establishing a schedule of fees to be paid to the secretary by off-site hazardous waste treatment and disposal facilities. In establishing fees, the secretary shall give consideration to the degree of hazard, energy content, quantity of waste, costs of treatment or disposal, and estimated future receipts. Fees shall be in an amount not to exceed $.01 per pound of hazardous waste treated, except that in no event shall the fees established under this subsection for treatment of hazardous waste exceed a total amount of $200,000 per year for any single facility. Fees shall be in an amount not to exceed $.01 per pound of hazardous waste burned by any facility which recycles and utilizes haz- ardous waste primarily to recover useful energy or materials to be used in the manufacture of a product, including but not limited to the burning of hazardous waste in kilns to recover energy or materials for use in the commercial production of cement, except that in no event shall the fees established under this subsection for burning of hazardous waste by any such facility exceed a total amount of $50,000 per year for any single facility. or burned for energy or material recovery. In no event shall the fees established under this subsection exceed the following annual calen- dar year caps: $60,000 for a facility which burns hazardous waste for energy or material recovery only; $200,000 for a facility which burns hazardous waste for treatment or disposal only. Facilities which burn hazardous waste for: (i) Energy or material recovery; and (ii) treatment or disposal shall be subject to a total facility cap of $200,000, which in- cludes a separate cap of $60,000 for hazardous wastes which are burned for energy or material recovery. The secretary shall establish a differential fee schedule for hazardous wastes based upon waste characteristics which is consistently applied to all facilities which burn hazardous wastes. In all other cases, fees shall be in an amount not to exceed $.05 per pound of hazardous waste disposed of except that in no event shall any fee be established under this exception prior to July 1, 1996, and which exceeds $50,000 in any 12-month period for the treatment or disposal of hazard- ous waste at any facility if such facility: (A) Operates under a permit or permits granted by the secretary pursuant to K.S.A. 65-3430 et seq., and amendments thereto; (B) treats or disposes of hazardous waste generated by such facility or a single generator located on property contiguous to such facility, or both; and (C) was treating or disposing of hazardous waste generated on such contiguous property as of July 1, 1991, with the knowl- edge of the secretary. In establishing the amount of fees pursuant to the immediately preceding exception, the secretary shall base the same upon the degree of hazard, quantity of waste, costs of treatment or disposal, estimated receipts for disposal services and waste reduction efforts of such facility.

(2) The secretary shall remit at least monthly any money collected pursuant to this subsection to the state treasurer. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the environmental permit fund, except that 25% of any such deposit shall be deposited to the credit of the hazardous waste collection fund.

(y) Encourage, coordinate or participate in one or more waste exchange clearing houses for the purpose of promoting reuse and recy- cling of industrial wastes.

(z) Adopt rules and regulations establishing the criteria to specify when a change of principal owners or management of a hazardous waste treatment, storage or disposal facility occurs and under what circum- stances and procedures a new permit shall be required to be issued to the transferees of a facility which was permitted to the transferor.

(aa) Adopt rules and regulations concerning the generation, trans- portation, storage, blending, marketing, burning and types of hazardous waste for which any method, technique or process to recover energy will be considered hazardous waste treatment. Such rules and regulations should specify a minimum heat value of the waste so as to ensure that a legitimate energy recovery will occur and should consider other charac- teristics of the waste which are appropriate to ensure that such method, technique or process for energy recovery will not pose a threat to the public health or environment.

Sec./007006/K.S.A. 65-34,114 is hereby amended to read as follows: 65- 34,114. (a) There is hereby established as a segregated fund in the state treasury the underground petroleum storage tank release trust fund, which shall be a continuation of the petroleum storage tank release trust fund. The underground fund shall be administered by the secretary. Rev- enue from the following sources shall be deposited in the state treasury and credited to the underground fund:

(1) The applicable proceeds of the environmental assurance fee im- posed by this act;

(2) any moneys recovered by the state under the provisions of this act relating to underground storage tanks, including administrative ex- penses, civil penalties and moneys paid under an agreement, stipulation or settlement;

(3) interest attributable to investment of moneys in the underground fund;

(4) moneys received by the secretary in the form of gifts, grants, re- imbursements or appropriations from any source intended to be used for the purposes of the underground fund, but excluding federal grants and cooperative agreements; and

(5) amounts transferred to the underground fund by the plan adopted pursuant to K.S.A. 65-34,126 and amendments thereto, as provided by K.S.A. 65-34,126 and amendments thereto.

(b) The underground fund shall be administered so as to assist owners and operators of underground petroleum storage tanks in providing evi- dence of financial responsibility for corrective action required by a release from any such tank. Moneys deposited in the underground fund may be expended for the purpose of reimbursing owners and operators and such others as provided by this act for the costs of corrective action and for transfers to the plan adopted pursuant to K.S.A. 65-34,126 and amend- ments thereto, as provided by K.S.A. 65-34,126 and amendments thereto subject to the conditions and limitations prescribed by this act, but mon- eys in the underground fund shall not otherwise be used for compensating third parties for bodily injury or property damage caused by a release from an underground petroleum storage tank, other than property dam- age included in a corrective action plan approved by the secretary. In addition, moneys credited to the underground fund may be expended for the following purposes:

(1) To permit the secretary to take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or potential release from an un- derground petroleum storage tank;

(2) to permit the secretary to take corrective action where the release or potential release presents an actual or potential threat to human health or the environment, if the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to providing for alternative water supplies;

(3) payment of the state's share of the federal leaking underground storage tank trust fund cleanup costs, as required by the resource con- servation and recovery act, 42 U.S.C. (section) 6991b(h)(7)(B);

(4) payment of the administrative, technical and legal costs incurred by the secretary in carrying out the provisions of K.S.A. 65-34,114 through 65-34,124, and amendments thereto, with respect to underground storage tanks, including the cost of any additional employees or increased general operating costs of the department attributable thereto, which costs shall not be payable from any moneys other than those credited to the under- ground fund;

(5) reimbursement of persons as authorized by subsection (g) of K.S.A. 65-34,119 and amendments thereto; and

(6) payment of refunds as authorized by subsection (h) of K.S.A. 65- 34,119 and amendments thereto.

(c) The underground fund shall be used for the purposes set forth in this act and for no other governmental purposes. It is the intent of the legislature that the underground fund shall remain intact and inviolate for the purposes set forth in this act, and moneys in the underground fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.

(d) Neither the state of Kansas nor the underground fund shall be liable to an owner or operator for the loss of business, damages or taking of property associated with any corrective or enforcement action taken pursuant to this act.

(e) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the underground fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the pre- ceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the underground fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the underground fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the underground fund for the period of time specified under this sub- section the net earnings rate of the pooled money investment portfolio for the preceding month.

(f) All expenditures from the underground fund shall be made in accordance with appropriation acts upon warrants of the director of ac- counts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.

Sec. 19. K.S.A. 65-34,128 is hereby amended to read as follows: 65- 34,128. (a) There is hereby established as a segregated fund in the state treasury the storage tank fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:

(1) Moneys collected from fees for registration of aboveground stor- age tanks, issuance of storage tank permits, approval of plans for new storage tank installations and conducting of storage tank inspections;

(2) any moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for the purposes of the fund; and

(3) interest attributable to investment of moneys in the fund.

(b) Moneys in the storage tank fee fund shall be expended only for:

(1) Enforcement of storage tank performance standards and registra- tion requirements;

(2) programs intended to prevent releases from storage tanks; and

(3) administration of the provisions of the Kansas storage tank act.

(c) On or before the 10th day of the each month following the month in which moneys are first credited to the storage tank fee fund, and monthly thereafter on or before the 10th day of the month, the director of accounts and reports shall transfer from the state general fund to the storage tank fee fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of the month following the month in which moneys are first credited to the storage tank fee fund, and monthly thereafter prior to the 10th day of the month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the pro- portionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to mon- eys in the storage tank fee fund. Such amount of money shall be deter- mined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the storage tank fee fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the storage tank fee fund for the period of time specified under this subsection the net earnings rate of the pooled money investment portfolio for the preceding month.

(d) All expenditures from the storage tank fee fund shall be made in accordance with appropriation acts upon warrants of the director of ac- counts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.

(e) This section shall be part of and supplemental to the Kansas stor- age tank act.

Sec. 20. K.S.A. 65-34,129 is hereby amended to read as follows: 65- 34,129. (a) There is hereby established as a segregated fund in the state treasury the aboveground petroleum storage tank release trust fund, to be administered by the secretary. Revenue from the following sources shall be deposited in the state treasury and credited to the aboveground fund:

(1) The applicable proceeds of the environmental assurance fee im- posed by this act;

(2) any moneys recovered by the state under the provisions of this act relating to aboveground storage tanks, including administrative ex- penses, civil penalties and moneys paid under an agreement, stipulation or settlement;

(3) interest attributable to investment of moneys in the aboveground fund; and

(4) moneys received by the secretary in the form of gifts, grants, re- imbursements or appropriations from any source intended to be used for the purposes of the aboveground fund, but excluding federal grants and cooperative agreements.

(b) Moneys deposited in the aboveground fund may be expended for the purpose of reimbursing owners and operators and such others as provided by this act for the costs of corrective action subject to the con- ditions and limitations prescribed by this act, but moneys in the above- ground fund shall not otherwise be used for compensating third parties for bodily injury or property damage caused by a release from an above- ground petroleum storage tank, other than property damage included in a corrective action plan approved by the secretary. In addition, moneys credited to the aboveground fund may be expended for the following purposes:

(1) To permit the secretary to take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or potential release from an above- ground petroleum storage tank;

(2) to permit the secretary to take corrective action where the release or potential release presents an actual or potential threat to human health or the environment, if the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to providing for alternative water supplies;

(3) payment of the administrative, technical and legal costs incurred by the secretary in carrying out the provisions of K.S.A. 65-34,114 through 65-34,124, and amendments thereto, with respect to aboveground storage tanks, including the cost of any additional employees or increased general operating costs of the department attributable thereto, which costs shall not be payable from any moneys other than those credited to the above- ground fund; and

(4) reimbursement of persons as authorized by subsection (g) of K.S.A. 65-34,119 and amendments thereto.

(c) The aboveground fund shall be used for the purposes set forth in this act and for no other governmental purposes. It is the intent of the legislature that the aboveground fund shall remain intact and inviolate for the purposes set forth in this act, and moneys in the aboveground fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75- 3726a, and amendments thereto.

(d) Neither the state of Kansas nor the aboveground fund shall be liable to an owner or operator for the loss of business, damages or taking of property associated with any corrective or enforcement action taken pursuant to this act.

(e) On or before the 10th day of the each month following the month in which moneys are first credited to the aboveground fund, and monthly thereafter on or before the 10th day of the month, the director of accounts and reports shall transfer from the state general fund to the aboveground fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of the month following the month in which moneys are first credited to the aboveground fund, and monthly thereafter prior to the 10th day of the month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the pre- ceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the aboveground fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the aboveground fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the aboveground fund for the period of time specified under this subsec- tion the net earnings rate of the pooled money investment portfolio for the preceding month.

(f) All expenditures from the aboveground fund shall be made in accordance with appropriation acts upon warrants of the director of ac- counts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.

(g) This section shall be part of and supplemental to the Kansas stor- age tank act.

Sec. 21. K.S.A. 1995 Supp. 65-6809 is hereby amended to read as follows: 65-6809. (a) There is hereby established in the state treasury the health care database fee fund. The secretary of health and environment shall remit at least monthly to the state treasurer all moneys collected or received by the secretary from the following sources:

(1) Fees collected under K.S.A. 1995 Supp. 65-6804 and amend- ments thereto;

(2) moneys received by the secretary in the form of gifts, donations or grants;

(3) interest attributable to investment of moneys in the fund; and

(4) any other moneys provided by law.

Upon receipt thereof, the state treasurer shall deposit in the state treas- ury any amount remitted pursuant to this subsection and shall credit the entire amount to the health care database fee fund.

(b) Moneys deposited in the health care database fee fund shall be expended to supplement maintenance costs of the database, provide tech- nical assistance and training in the proper use of health care data and provide funding for dissemination of information from the database to the public. If the performance audit required by K.S.A. 1995 Supp. 65- 6808 and amendments thereto is conducted under contract with a firm, as defined by K.S.A. 46-1112 and amendments thereto, the contract cost of that performance audit may be paid from the health care database fee fund.

(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the health care database fee fund the amount of money certified by the pooled money investment board. Prior to the 10th day of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding month, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the health care database fee fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the health care database fee fund during the preceding month as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period. On or before the fifth day of each month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the health care database fee fund during the net earnings rate of the pooled money investment portfolio for the preceding month.

(d) All expenditures from the health care database fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment for the purposes set forth in this section.

Sec. 22. K.S.A. 74-2912 is hereby amended to read as follows: 74- 2912. (a) There is hereby created in the state treasury the state of Kansas sports hall of fame fund. The board of trustees shall remit all moneys received by the board of trustees, including all moneys received as gifts, grants, bequests and gratuities as provided in K.S.A. 74-2909 and amend- ments thereto, to the state treasurer at least monthly. Upon receipt of each such remittance the state treasurer shall deposit the entire amount thereof in the state treasury and the same shall be credited to the state of Kansas sports hall of fame fund.

(b) In accordance with and subject to the provisions of this act and of appropriation acts, the board of trustees may make expenditures from the state of Kansas sports hall of fame fund for contracts entered into with private entities, for the maintenance and operating expenditures of the state of Kansas sports hall of fame and the board of trustees, for the expenses of state of Kansas sports hall of fame induction ceremonies, including the actual and necessary expenses of speakers and persons being inducted into the state of Kansas sports hall of fame for their attendance at such induction ceremonies, for official hospitality, for capital improve- ment projects for remodeling of or for additions or repairs to the state of Kansas sports hall of fame and for such other purposes as may be au- thorized by law.

(c) All expenditures from the state of Kansas sports hall of fame fund shall be exempt from competitive bid procedures under K.S.A. 75-3739 and amendments thereto and shall be made in accordance with appro- priation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the board of trustees or by a person or persons designated by the board of trustees.

(d) On the effective date of this act, the director of accounts and reports shall transfer all moneys in the all-sports hall of fame fund to the state of Kansas sports hall of fame fund. On the effective date of this act, all liabilities of the all-sports hall of fame fund are hereby transferred to and imposed upon the state of Kansas sports hall of fame fund. On the effective date of this act, the all-sports hall of fame fund is hereby abol- ished.

(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the state of Kansas sports hall of fame fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to money in the state of Kansas sports hall of fame fund. Such amount of money shall be determined by the pooled money investment board interest earn- ings based on:

(1) The average daily balance of moneys in the state of Kansas sports hall of fame fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the all-sports hall of fame fund for the period of time specified under this subsection the net earnings rate of the pooled money investment portfolio for the preceding month.

(f) Upon the request of the state of Kansas sports hall of fame board of trustees and in accordance with the provisions of appropriations acts, the state historical society may transfer moneys in the state of Kansas sports hall of fame fund to a bank to the account of the state of Kansas sports hall of fame. Such bank account shall be awarded to a bank located in the county in which the state of Kansas sports hall of fame is located by the pooled money investment board under a written agreement in accordance with procedures for state bank accounts under K.S.A. 75-4217 and amendments thereto and shall be secured by pledge of securities in the manner prescribed for state bank accounts under K.S.A. 75-4218 and amendments thereto and in the amount prescribed for fee agency ac- counts under that statute. Each such transfer shall be made upon vouch- ers of the state historical society, which the director of accounts and re- ports and the state treasurer are hereby authorized and directed to honor by making such transfers, and the moneys so transferred shall be for use by the board of trustees of the state of Kansas sports hall of fame in operating and conducting the activities of the state of Kansas sports hall of fame. The board of trustees of the state of Kansas sports hall of fame shall make a full and complete report on a monthly basis and by object classification to the state historical society of all expenditures for each fiscal year from such bank account.

Sec. 23. K.S.A. 74-5074 is hereby amended to read as follows: 74- 5074. (a) There is hereby established the Kansas export loan guarantee fund in the state treasury. The Kansas export loan guarantee fund shall be administered by the secretary of commerce and housing. All moneys in the Kansas export loan guarantee fund shall be used to provide guar- antees against commercial preexport and postexport credit risks in accor- dance with this act.

(b) All moneys received for Kansas export loan financing guarantee fees under K.S.A. 74-5072, and amendments thereto, shall be remitted to the state treasurer at least monthly and deposited in the state treasury to the credit of the Kansas export loan guarantee fund.

(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas export loan guarantee fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the di- rector of accounts and reports the amount of money equal to the pro- portionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the Kansas export loan guarantee fund. Such amount of money shall be determined by the pooled money investment board interest earn- ings based on:

(1) The average daily balance of moneys in the Kansas export loan guarantee fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the Kansas export loan guarantee fund for the period of time specified under this subsection the net earnings rate of the pooled money invest- ment portfolio for the preceding month.

Sec. 24. K.S.A. 1995 Supp. 74-5086a is hereby amended to read as follows: 74-5086a. (a) There is hereby established in the state treasury the state housing trust fund. All moneys credited to the state housing trust fund shall be used for the purposes of housing programs and services including, but not limited to, the provision of financial programs for the repair, rehabilitation and improvement of existing residential housing, accessibility modifications, rental subsidies and the provision of housing services and assistance to persons having low or moderate income and disabled persons.

(b) The state housing trust fund shall be administered by the office of housing of the department of commerce and housing. All expenditures from the state housing trust fund shall be in accordance with appropria- tions acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce and housing or the secretary's designee.

(c) The office of housing and the department of commerce and hous- ing are hereby authorized to apply for and receive available public or private grants, gifts and donations for the purposes of housing programs and services. All such grants, gifts and donations, which are not required to be deposited in a separate special revenue fund, shall be deposited in the state treasury to the credit of the state housing trust fund. All moneys received by the department of commerce and housing for fees related to housing, which are not required to be deposited in a separate special revenue fund, shall be deposited in the state treasury to the credit of the state housing trust fund.

(d) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the state housing trust fund the amount of money certified by the pooled money investment board in accordance with this paragraph. Prior to the 10th day of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the pre- ceding month, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the state housing trust fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(A)(1) The average daily balance of moneys in the state housing trust fund during the preceding month as certified to the board by the director of accounts and reports for the preceding month; and

(B)(2) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period of time. On or before the fifth day of each month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the state housing trust fund during the net earnings rate for the pooled money investment portfolio for the preceding month.

Sec. 25. K.S.A. 74-5091 is hereby amended to read as follows: 74- 5091. (a) There is hereby established the Kansas tourist attraction match- ing grant development fund in the state treasury. The Kansas tourist at- traction matching grant development fund shall be administered by the secretary of commerce and housing. All moneys in the Kansas tourist attraction matching grant development fund shall be used to provide matching grants to provide assistance in the promotion of tourism and the development of quality tourist attractions within this state in accor- dance with this act.

(b) All moneys received pursuant to subsection (c) of K.S.A. 74- 5032a, and amendments thereto, shall be remitted to the state treasurer at least monthly and deposited in the state treasury to the credit of the Kansas tourist attraction matching grant development fund.

(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas tourist attraction matching grant development fund, the amount of money cer- tified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the Kansas tourist attraction matching grant development fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the Kansas tourist attrac- tion matching grant development fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the Kansas tourist attraction matching grant development fund for the period of time specified under this subsection the net earnings rate for the pooled money investment portfolio for the preceding month.

Sec. 26. K.S.A. 1995 Supp. 74-50,151 is hereby amended to read as follows: 74-50,151. (a) There is hereby created in the state treasury the Kansas economic opportunity initiatives fund. Subject to acts of the leg- islature applicable thereto, the moneys in the Kansas economic oppor- tunity initiatives fund shall be used only for the purposes prescribed by this section.

(b) All expenditures made pursuant to this act shall be made in ac- cordance with appropriations acts upon warrants of the director of ac- counts and reports issued pursuant to vouchers approved by the governor or the governor's designee. The governor may approve a warrant only upon certification, by the majority vote of a five member panel, that an economic emergency or unique opportunity exists which warrant funding for a strategic economic intervention by such state agency or agencies to address expenses involved in securing economic benefits or avoiding or remedying economic losses related to:

(1) A major expansion of an existing Kansas commercial enterprise;

(2) the potential location in Kansas of the operations of a major em- ployer;

(3) the award of a significant federal or private sector grant which has a financial matching requirement;

(4) the departure from Kansas or the substantial reduction of the operations of a major employer; and

(5) the closure of a major federal or state institution or facility.

(c) No intervention strategy approved pursuant to this act shall in- clude loans for which state funds are used unless the five-member panel finds that private financing cannot adequately fund the intervention strat- egy. The department of commerce and housing shall adopt written guide- lines concerning the terms and conditions of such loans. However, all repaid funds shall be credited to the Kansas economic opportunity initia- tives fund. No intervention strategy approved pursuant to this act shall facilitate the moving of an existing Kansas firm to another location within the state unless such restriction is waived by a unanimous vote of the five member panel identified in subsection (b). Every intervention strategy approved pursuant to this act shall identify the intended outcomes to be realized by the strategy for which funding is sought.

(d) The department of commerce and housing and Kansas, Inc. shall make joint findings concerning the costs and benefits, on both a local and statewide basis, of projects proposed pursuant to this act. Prior to allo- cation of any funds pursuant to this act, the governor shall review the cost-benefit findings performed on each project.

(e) The director of the budget and the director of the legislative re- search department shall consult periodically and review the balance cred- ited to and the estimated receipts to be credited to the state economic development initiatives fund during the fiscal year. During any period when the legislature is not in session, upon a finding by the director of the budget in consultation with the director of the legislative research department that the total of the unencumbered balance and estimated receipts to be credited to the state economic development initiatives fund during a fiscal year are insufficient to fund the budgeted expenditures and transfers from the state economic development initiatives fund for the fiscal year in accordance with the provisions of appropriation acts, the director of the budget shall make a certification of such finding to the governor. Upon approval by the governor, the director of accounts and reports shall transfer the amount of moneys from the Kansas economic opportunity initiatives fund to the state economic development initiatives fund that is required, in accordance with a certification by the director of the budget under this subsection, to fund the budgeted expenditures and transfers from the state economic development initiatives fund for the fiscal year in accordance with the provisions of appropriation acts, as specified by the director of the budget pursuant to such certification.

(f) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the state eco- nomic development initiatives fund the amount of money certified by the pooled money investment board in accordance with this section. Prior to the 10th day of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state gen- eral fund for the preceding month, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the Kansas eco- nomic opportunity initiatives fund. Such amount of money shall be de- termined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the Kansas economic op- portunity initiatives fund during the preceding month as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of each month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the Kansas economic op- portunity initiatives fund during the net earnings rate for the pooled money investment portfolio for the preceding month.

(g) The five member panel provided for in subsection (b) shall consist of the secretary of commerce and housing, the president of Kansas, Inc., the president of the Kansas technology enterprise corporation, the private sector chairperson of the board of Kansas, Inc. and the private sector chairperson of the Kansas technology enterprise corporation.

Sec. 27. K.S.A. 74-8828 is hereby amended to read as follows: 74- 8828. (a) There is hereby established in the state treasury the racing applicant deposit fund.

(b) Moneys credited to the racing applicant deposit fund shall be used only to make transfers as authorized by subsection (c) and to pay refunds of deposits, and interest accrued thereon, pursuant to K.S.A. 74-8813 and 74-8815, and amendments thereto. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports, or a person designated by the director of accounts and reports pursuant to K.S.A. 75-3732 and amendments thereto, issued pursuant to vouchers approved by the executive director, or a person designated by the executive director.

(c) Upon forfeiture of a deposit pursuant to K.S.A. 74-8813 or 74- 8815, and amendments thereto, the executive director shall certify to the director of accounts and reports the amount of such deposit, and any interest accrued thereon. Upon receipt thereof, the director of accounts and reports shall transfer the amount certified to the state racing fund created by K.S.A. 74-8826, and amendments thereto.

(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the racing ap- plicant deposit fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the di- rector of accounts and reports the amount of money equal to the pro- portionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the racing applicant deposit fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the racing applicant de- posit fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the racing applicant deposit fund for the period of time specified under this subsection the net earnings rate for the pooled money investment portfolio for the preceding month.

Sec. 28. K.S.A. 1995 Supp. 75-2250 is hereby amended to read as follows: 75-2250. (a) There shall be placed on the grounds of the state capitol a memorial to law enforcement officers who have lost their lives in the line of duty in the service of the state. Such memorial shall be located northeast of the state capitol at a site to be selected by the director of architectural services. Such memorial shall be constructed in accor- dance with the design and architectural drawings approved by the director of architectural services. The memorial shall be of such a design that the names of the officers to be honored, both past and future, may be in- scribed thereon. The director of architectural services shall annually cause the name or names of any law enforcement officer or officers who have lost their lives in the line of duty in the service of the state to be inscribed upon the memorial.

(b) It should shall be the duty of the director of the Kansas bureau of investigation on or before the 15th day of March of each year to notify the secretary of the state historical society of the name or names of any officers who lost their lives in the line of duty during the preceding cal- endar year. The secretary shall assemble the necessary information re- garding any such officer or officers and report the same to the director of architectural services.

(c) The secretary of the state historical society is hereby authorized to receive any grants, gifts, contributions or bequests made for the pur- pose of financing the construction of such memorial or for its upkeep and the addition of names thereto and to expend the same for the purpose for which received.

(d) There is hereby established in the state treasury the law enforce- ment memorial fund. Expenditures from the fund may be made for the purposes of constructing, updating and repairing such memorial, for other purposes related to memorializing and honoring law enforcement officers of Kansas and for such purposes as may be specified with regard to any grant, gift, contribution or bequest. All such expenditures shall be au- thorized by the law enforcement officers memorial advisory committee and made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the state historical society, or the secretary's designee.

(e) On or before the 10th day of the each month following the month in which moneys are first credited to the law enforcement memorial fund, and monthly thereafter on or before the 10th day of the month, the director of accounts and reports shall transfer from the state general fund to the law enforcement memorial fund created by K.S.A. 75-2250 and amendments thereto the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of the month following the month in which moneys are first credited to the law enforcement memorial fund, and monthly thereafter prior to the 10th day of the month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state gen- eral fund for the preceding month, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the law enforce- ment memorial fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the law enforcement me- morial fund during the preceding month as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board. On or before the fifth day of the month following the month in which moneys are first credited to the law enforcement memorial fund, and monthly thereafter on or before the fifth day of the month, the director of accounts and reports shall certify to the pooled money investment board the av- erage daily balance of moneys in the law enforcement memorial fund during the net earnings rate for the pooled money investment portfolio for the preceding month.

Sec. 29. K.S.A. 1995 Supp. 75-2254 is hereby amended to read as follows: 75-2254. (a) The secretary of administration is hereby authorized to receive grants, gifts, contributions or bequests made for the purpose of financing the construction and maintenance of memorials to veterans which are located on the grounds of the statehouse.

(b) There is hereby established in the state treasury the veterans me- morial fund. Expenditures from the fund may be made for the purposes of constructing, updating and repairing the memorials to veterans which are located on the grounds of the statehouse, for other purposes related to memorializing and honoring veterans and for such other purposes as may be specified with regard to any grant, gift, contribution or bequest. All such expenditures shall be authorized by the veterans memorial ad- visory committee and made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or the secretary's designee. No public funds shall be used to construct or maintain the veterans memorial authorized by K.S.A. 1995 Supp. 75-2252, and amendments thereto, or the veterans memorial au- thorized by K.S.A. 1995 Supp. 75-2255, and amendments thereto. Con- struction of the veterans memorial authorized by K.S.A. 1995 Supp. 75- 2252, and amendments thereto, shall not commence until the veterans memorial fund contains sufficient funds to complete the construction and to repair reasonably foreseeable damage to such memorial. Construction of the veterans memorial authorized by K.S.A. 1995 Supp. 75-2255, and amendments thereto, shall not commence until the veterans memorial fund contains sufficient funds to complete the construction and to repair reasonably foreseeable damage to such memorial.

(c) Interest attributable to investment of moneys in the fund shall be credited to the veterans memorial fund. On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the veterans memorial fund the amount of money certified by the pooled money investment board. Prior to the 10th day of each month, the pooled money investment board shall certify to the di- rector of accounts and reports the amount of money equal to the pro- portionate amount of all the interest credited to the state general fund for the preceding month, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to moneys in the veterans memorial fund. Such amount of money shall be determined by the pooled money in- vestment board interest earnings based on:

(1) The average daily balance of moneys in the veterans memorial fund during the preceding month as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period. On or before the fifth day of each month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the veterans memorial fund during the net earnings rate for the pooled money investment portfolio for the preceding month.

Sec. 30. K.S.A. 1995 Supp. 75-2729 is hereby amended to read as follows: 75-2729. (a) (1) There is hereby established in the state treasury the heritage trust fund. All moneys deposited in the heritage trust fund shall be used for the purpose of awarding grants to assist historic pres- ervation projects involving property included in the national register of historic places or the state register of historic places, excluding property owned by the state or federal government, and shall be used by the state historical society for the administration of the heritage trust fund pro- gram. At least 50% of the amount awarded annually in grants shall be used for the preservation of eligible properties owned by county and local governments, county and local historical societies and by private nonprofit organizations. The state historical society may also provide grant assis- tance from moneys in the heritage trust fund on a matching basis and also may establish a revolving fund loan program from moneys in such fund. The state historical society may establish different matching fund requirements for the various types of applicants, but the matching con- tributions required from for-profit corporations shall be dollar for dollar. For-profit corporation applicants shall be assisted only if the property's continued existence is threatened or its rehabilitation is not economically feasible without grant assistance. The state historical society shall ensure that such moneys are expended for the purpose of this section, and may adopt rules and regulations as necessary to carry out the purpose of this section.

(2) In evaluating grant applications involving historic preservation projects under subsection (a)(1), the state historical society shall consider the following factors: The level of historical significance of the property; the condition of the property; the urgency of the preservation work pro- posed; whether or not the property is endangered; the type of work pro- posed; a geographical distribution of assisted properties; the administra- tive ability of the applicant; the potential benefit to the community and the state; community support for the project; ineligibility of the project for other funds; and an assessment of the need of the owner for the grant assistance to do the project.

(3) (A) The state historical society shall establish provisions to recap- ture grant moneys in accordance with the following factors: If an approved rehabilitated building is held by the grantee for longer than five years after the completion of the grant project, there is no recapture of the grant funds; if the owner, or designated heir, in the case of the owner's death, disposes of the property after a holding period of less than one year after the completion of the grant project, 100% of the grant is re- captured; and for properties held between one and five years, the grant recapture amount is reduced by 20% per year.

(B) The state historical society may inspect a rehabilitated property at any time during the five-year period and may revoke or invalidate the approval if work was not undertaken as presented in the grant application or if further unapproved alterations have been made. Modifications made during the five-year period following the completion of the grant shall be made in accordance with standards established by the state historical so- ciety.

(b) On or before the 10th day of the each month following the month in which moneys are first credited to the heritage trust fund, and monthly thereafter on or before the 10th day of the month, the director of accounts and reports shall transfer from the state general fund to the heritage trust fund the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of the month following the month in which moneys are first credited to the heritage trust fund, and monthly thereafter prior to the 10th day of the month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the pre- ceding month, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the heritage trust fund. Such amount of money shall be determined by the pooled money investment board in- terest earnings based on:

(1) The average daily balance of moneys in the heritage trust fund during the preceding month as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month following the month in which moneys are first credited to the heritage trust fund, and monthly thereafter on or before the fifth day of the month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the heritage trust fund during the net earnings rate for the pooled money investment portfolio for the preceding month.

(c) Except as otherwise provided in this section, all expenditures from the heritage trust fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the state historical society or a person designated by the secretary.

Sec. 31. K.S.A. 1995 Supp. 75-3668 is hereby amended to read as follows: 75-3668. On or before the 10th day of the each month following the month in which moneys are first credited to the property contingency fund, and monthly thereafter on or before the 10th day of the month, the director of accounts and reports shall transfer from the state general fund to the property contingency fund created by K.S.A. 75-3652 the amount of money certified by the pooled money investment board in accordance with this section. Prior to the 10th day of the month following the month in which moneys are first credited to the property contingency fund, and monthly thereafter prior to the 10th day of the month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding month, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the property contingency fund. Such amount of money shall be deter- mined by the pooled money investment board interest earnings based on:

(a) The average daily balance of moneys in the property contingency fund during the preceding month as certified to the board by the director of accounts and reports for the preceding month; and

(b) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month following the month in which moneys are first credited to the property contingency fund, and monthly thereafter on or before the fifth day of the month, the director of accounts and reports shall certify to the pooled money in- vestment board the average daily balance of moneys in the property con- tingency fund during the net earnings rate for the pooled money invest- ment portfolio for the preceding month.

Sec. 32. K.S.A. 75-5343 is hereby amended to read as follows: 75- 5343. (a) There is hereby established in the state treasury the self-suffi- ciency trust fund.

(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the self-suffi- ciency trust fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the di- rector of accounts and reports the amount of money equal to the pro- portionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to money in the self-sufficiency trust fund. Such amount of money shall be deter- mined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the self-sufficiency trust fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the self-sufficiency trust fund for the period of time specified under this subsection the net earnings rate for the pooled money investment portfolio for the preceding month.

(c) The secretary of social and rehabilitation services may accept moneys from a self-sufficiency trust for deposit in the self-sufficiency trust fund pursuant to an agreement with the trust naming one or more ben- eficiaries who are developmentally disabled individuals or individuals oth- erwise eligible for services from the department of social and rehabilita- tion services residing in this state and specifying the care, support or treatment to be provided for such individuals. The secretary of social and rehabilitation services shall maintain a separate account in the trust fund for each named beneficiary. The moneys in each such account shall be expended by the secretary, in accordance with rules and regulations of the secretary, only to provide care, support and treatment for the named beneficiaries in accordance with the terms of the agreement. Interest earned on moneys in the trust fund and transferred to the trust fund under subsection (b) shall be prorated in accordance with procedures approved by the director of accounts and reports and credited monthly to each such account.

(d) If the secretary determines that the moneys in the account of a named beneficiary cannot be used for the care, support or treatment of that beneficiary in a manner consistent with the rules and regulations of the secretary and the agreement, or upon the request of the self-suffi- ciency trust, the remaining moneys in such account, together with any accumulated interest thereon, shall be promptly paid to the self-suffi- ciency trust which deposited such moneys in the trust fund.

(e) The secretary shall adopt rules and regulations and procedures as may be necessary or useful for the administration of the trust fund. All payments and disbursements from the trust fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouch- ers approved by the secretary or by a person designated by the secretary. The receipt by a beneficiary of money from the trust fund, or of care, treatment or support provided with such money, shall not in any way reduce, impair or diminish the benefits to which such beneficiary is oth- erwise entitled by law.

(f) As used in this section:

(1) ``Secretary'' means the secretary of social and rehabilitation serv- ices.

(2) ``Self-sufficiency trust'' means a trust created by a not-for-profit corporation which is a 501(c)(3) organization under the federal internal revenue code of 1986 and which was organized for the purpose of pro- viding for the care, support or treatment of one or more developmentally disabled individuals or individuals otherwise eligible for services from the department of social and rehabilitation services.

(3) ``Trust fund'' means the self-sufficiency trust fund established un- der this section.

Sec. 33. K.S.A. 76-743 is hereby amended to read as follows: 76-743. On or before August 10, 1983, for the month commencing July 1, 1983, and ending July 31, 1983, and On or before the 10th day of each month thereafter for the preceding month, the director of accounts and reports shall transfer from the state general fund to each national direct student loan fund of state educational institutions under the control and super- vision of the state board of regents the amount of money certified by the pooled money investment board and attributable to each such fund in accordance with this section. On or before August 10, 1983, for the month commencing July 1, 1983, and ending July 31, 1983, and on or before the 10th day of each month thereafter for the preceding month, the pooled money investment board shall certify to the director of accounts and re- ports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding period of time specified under this section, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in each national direct student loan fund of state educational institutions under the control and supervision of the state board of regents. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(a) The average daily balance of moneys in each national direct stu- dent loan fund of state educational institutions under the control and supervision of the state board of regents during the period of time spec- ified under this section as certified to the board by the director of ac- counts and reports for the preceding month; and

(b) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period of time. On or before August 5, 1983, for the month com- mencing July 1, 1983, and ending July 31, 1983, and monthly thereafter on or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money in- vestment board the average daily balance of moneys in each national direct student loan fund of state educational institutions under the control and supervision of the state board of regents for the period of time spec- ified under this section the net earnings rate for the pooled money in- vestment portfolio for the preceding month.

Sec. 34. K.S.A. 76-762 is hereby amended to read as follows: 76-762. (a) There is hereby created in the custody of the state treasurer the fol- lowing funds at each state educational institution from which the housing system shall be operated:

(1) A housing system suspense fund;

(2) a housing system operations fund; and

(3) a housing system repairs, equipment and improvement fund.

(b) Payments received for rents and boarding fees and other charges in connection with the operation of the housing system shall be deposited to the housing system suspense fund in the custody of the state treasurer.

(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the housing system suspense fund, the amount of money certified by the pooled money in- vestment board in accordance with this section. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the pre- ceding period of time specified under this section, pursuant to K.S.A. 75- 4210a and amendments thereto, that is attributable to money in each housing system suspense fund of state educational institutions. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in each housing system sus- pense fund of state educational institutions during the period of time specified under this section as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in each housing system suspense fund of state educational institutions for the period of time specified under this section the net earnings rate for the pooled money investment portfolio for the preceding month.

(c)(d) The housing system operations fund shall be used to pay the expenses of operation of the housing systems and for the operation and maintenance of the system. The state educational institution shall transfer from the housing system suspense fund to the operations fund amounts needed for the operation and maintenance of the system. Each state ed- ucational institution shall establish such accounts within the housing sys- tem operations fund as are required for the efficient management of the system. Funds in the housing system operations fund not needed for immediate use may be invested by the state educational institution through the pooled money investment board in accordance with the pro- visions of K.S.A. 75-4254 and amendments thereto.

(d)(e) The housing system repairs, improvements and equipment fund shall be used for repairs, equipment, improvements and expansion of the housing system that cannot be financed from the housing system operations fund. Transfers may be made to this fund from the housing system suspense fund or the housing system operations fund as deter- mined by the state educational institution. All or a portion of the moneys in such fund may be invested by the state educational institution through the pooled money investment board in accordance with the provisions of K.S.A. 75-4254 and amendments thereto. Expenditures from this fund may be made for projects that have been approved by the state board of regents.

Sec. 35. K.S.A. 76-832 is hereby amended to read as follows: 76-832. On July 10, 1986, and On or before the 10th of each month thereafter, the director of accounts and reports shall transfer from the state general fund to the animal research facility debt service fund the amount of money certified by the pooled money investment board in accordance with this section. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding period of time spec- ified under this section, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to the total of all moneys in the animal re- search facility project fund and all moneys in the animal research facility debt service fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(a) The average daily balance of moneys in the animal research facility project fund and the animal research facility debt service fund during the period of time specified under this section as certified to the pooled money investment board by the director of accounts and reports for the preceding month; and

(b) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the animal research facility project fund and the animal research facility debt service fund for the period of time specified under this section the net earnings rate for the pooled money investment portfolio for the pre- ceding month.

Sec. 36. K.S.A. 1995 Supp. 76-2473 is hereby amended to read as follows: 76-2473. (a) The state treasurer shall have the custody and charge of all moneys in the all Faiths chapel building fund, which chapel is lo- cated at the Lansing correctional facility.

(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the all Faiths chapel building fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the di- rector of accounts and reports the amount of money equal to the pro- portionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the all Faiths chapel building fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(1) The average daily balance of moneys in the all Faiths chapel build- ing fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(2) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the all Faiths chapel building fund for the period of time specified under this subsection the net earnings rate for the pooled money investment portfolio for the preceding month.

Sec. 37. K.S.A. 1995 Supp. 82a-1503 is hereby amended to read as follows: 82a-1503. (a) Any person desiring to make a water transfer shall file with the chief engineer an application in the form required by rules and regulations adopted by the chief engineer. If the chief engineer finds the application to be insufficient to enable the chief engineer to deter- mine the source, nature and amount of the proposed transfer, or if the application is not complete, the application shall be returned for correc- tion or completion or for any other necessary information.

(b) The hearing officer shall commence the hearing process by giving notice of the prehearing conference not more than 14 days after the panel employs the hearing officer. Such notice shall be given by mail to the applicant, any other parties who have intervened and the appropriate commenting agencies and shall be published in the Kansas register and in at least two newspapers having general circulation in the area where the proposed point of diversion is located. The hearing officer shall hold a prehearing conference which shall commence not less than 90 and not more than 120 days after the required notice has been given and shall conclude not later than 45 days after commencement. Not less than 90 and not more than 120 days after the conclusion of the prehearing con- ference, the hearing officer shall commence a formal public hearing. The formal public hearing shall be held in the basin of origin and, if deemed necessary by the hearing officer, a public comment hearing shall be held in the basin of use. The formal public hearing shall conclude not later than 120 days after commencement and the initial order of the hearing officer approving or disapproving the water transfer shall be issued not later than 90 days after conclusion of the formal public hearing. The hearing officer may extend a time limit provided by this subsection, but only with the written consent of all parties or for good cause shown.

(c) Intervention in the hearing shall be in accordance with the Kansas administrative procedure act, except that any petition for intervention must be submitted and copies mailed to all parties not later than 60 days before the formal hearing.

(d) Any person shall be permitted to appear and testify at any hearing under this act upon the terms and conditions determined by the hearing officer.

(e) At intervals during or at the conclusion of the hearing, the hearing officer shall fairly and equitably assess the following costs of the hearing among the applicant and other parties: The hearing facility, the court reporter, the salary of a hearing officer who is not paid for services as a hearing officer by state funds, the travel expenses of the hearing officer and other reasonable costs associated with the hearing. The hearing of- ficer may assess any or all anticipated costs to the applicant before the hearing and subsequently may assess other parties for the parties' fair and equitable portion of the anticipated costs assessed the applicant. Amounts assessed pursuant to this subsection shall be paid to the chief engineer. Upon receipt thereof, the chief engineer shall remit the entire amount to the state treasurer. The state treasurer shall deposit the entire amount in the state treasury and credit it to the water transfer hearing fund es- tablished by subsection (f).

(f) (1) There is hereby established in the state treasury the water transfer hearing fund.

(2) Moneys credited to the water transfer hearing fund shall be used only to pay: (A) Costs of hearings conducted pursuant to the water trans- fer act; (B) reimbursement of the applicant for anticipated costs assessed the applicant and subsequently assessed other parties; and (C) refunds of unused moneys assessed as anticipated costs before the hearing. Expend- itures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports, or a person designated by the director of accounts and reports pursuant to K.S.A. 75- 3732 and amendments thereto, issued pursuant to vouchers approved by the chief engineer, or a person designated by the chief engineer.

(3) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the water transfer hearing fund, the amount of money certified by the pooled money in- vestment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the di- rector of accounts and reports the amount of money equal to the pro- portionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the water transfer hearing fund. Such amount of money shall be determined by the pooled money investment board interest earnings based on:

(A) The average daily balance of moneys in the water transfer hearing fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports for the preceding month; and

(B) the average interest rate on repurchase agreements of less than 30 days duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the water transfer hearing fund for the period of time specified under this subsection the net earnings rate for the pooled money investment portfolio for the preceding month.

Sec. 38. On and after July 1, 1996, K.S.A. 1995 Supp. 65-3424g is hereby amended to read as follows: 65-3424g. (a) There is hereby estab- lished in the state treasury the waste tire management fund.

(b) Money from the following sources shall be credited to the waste tire management fund:

(1) Revenue collected from the excise tax by K.S.A. 65-3424d and amendments thereto;

(2) permit application and renewal fees provided for by K.S.A. 65- 3424b and amendments thereto;

(3) interest provided for by subsection (e);

(4) additional sources of funding such as reimbursements and appro- priations intended to be used for the purposes of the fund;

(5) any recoveries from abatement and enforcement actions provided for by K.S.A. 65-3424k and amendments thereto;

(6) any interagency fund transfers relevant to providing business de- velopment grants for businesses engaged in recycling or utilizing waste tires in resource recovery programs provided for by K.S.A. 65-3424f and amendments thereto; and

(7) any other moneys provided by law.

(b) (c) Moneys in the waste tire management fund shall be used only for the purpose of:

(1) Making grants as provided by K.S.A. 65-3424f, and amendments thereto;

(2) paying compensation and other expenses of employing personnel to carry out the duties of the secretary pursuant to K.S.A. 65-3424 through 65-3424h, and amendments thereto, but not more than the following shall be used for such purpose: (A) For fiscal years beginning before July 1, 2002, 16% or $200,000, whichever amount is less, of the moneys credited to the fund during the fiscal year shall be used for such purpose preceding fiscal year; and (B) for fiscal years beginning on or after July 1, 2002, 32% or $200,000, whichever amount is less, of the moneys credited to the fund during the preceding fiscal year; and

(3) action by the department before July 1, 2001, to abate waste tires accumulated prior to July 1, 1990, or to abate a nuisance or risk to the public health or the environment created or which could be created by waste tires accumulated after July 1, 1990, if the owner or operator of the site has not been identified or has not abated the nuisance.; and

(4) action by the department after July 1, 2001, to implement interim measures to minimize nuisances or risks to public health or the environ- ment that are or could be created by waste tire accumulations, until the responsible party or county can fully abate the site.

(c) (d) All expenditures from the waste tire management fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.

(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the waste tire man- agement fund interest earnings based on: (1) The average daily balance of moneys in the waste tire management fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month.

Sec. 39. K.S.A. 12-3716, 12-3717, 12-3719, 12-3720, 32-858, 32-990, 32-992, 32-994, 34-102b, 38-1808, 49-622, 58-3066, 65-163c, 65-3322, 65-34,114, 65-34,114a, 65-34,128, 65-34,129, 74-2912, 74-5074, 74-5091, 74-8828, 75-5343, 76-743, 76-762 and 76-832 and K.S.A. 1995 Supp. 12-3718, 39-7,123, 65-163e, 65-3024, 65-3415a, 65-3431, 65-34,114a, 65- 6809, 74-5086a, 74-50,151, 75-2250, 75-2254, 75-2729, 75-3668, 76-2473 and 82a-1503 are hereby repealed.

Sec. 40. On and after July 1, 1996, K.S.A. 34-102b, as amended by section 1 of 1996 House Bill No. 2595, 65-163c, as amended by section 10 of 1996 Senate Bill No. 475, and 65-163c, as amended by section 2 of 1996 House Bill No. 2965 and K.S.A. 1995 Supp. 65-3424g, 65-3424g, as amended by section 7 of 1996 Senate Bill No. 399, 65-3431, as amended by section 16 of 1996 Senate Bill No. 475 and 65-3431, as amended by section 1 of 1996 Senate Bill No. 531, are hereby repealed.

Sec. 41. This act shall take effect and be in force from and after its publication in the Kansas register.

Approved May 15, 1996.

Published in the Kansas Register: May 23, 1996.