CHAPTER 156 SENATE BILL No. 294 An  Act concerning the Kansas chemical control act; relating to the chemical control fund;
amending K.S.A. 2000 Supp. 65-7012 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 65-7012 is hereby amended to read as
follows: 65-7012. (a) There is established a fund in the treasury entitled
the chemical control fund.

      (b) Revenues from the following sources shall be deposited in the
state treasury and credited to the fund: (1) Moneys received by the sec-
retary in the form of grants, gifts, bequests, reimbursements, or appro-
priations from any source intended to be used for the purposes of the
fund;

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

      (3) moneys collected under K.S.A. 2000 Supp. 65-7010 and 65-7011
and amendments thereto.

      (c) Moneys in the chemical control fund can only be expended di-
rectly or through contracts for the costs of: (1) Administration and en-
forcement of the provisions of this act;

      (2) contracting for services needed to supplement the department's
staff in alleged illegal drug manufacturing site clean ups;

      (3) consultation needed concerning alleged illegal drug manufactur-
ing site clean ups;

      (4) activities to address immediate or emergency threats to human
health or the environment related to alleged illegal drug manufacturing
sites; and

      (5) development of educational materials and programs for informing
the regulated community and the public about illegal drug manufacturing
issues.

      (d) On or before the 10th of each month following the month in
which moneys are deposited into the chemical control fund, and there-
after on or before the 10th of each month, the director of accounts and
reports shall transfer from the state general fund to the chemical control
fund interest earnings based upon: (1) The average daily balance of mon-
eys in the chemical control fund for the preceding month; and

      (2) 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.

      (f) Moneys from the fund shall not supplant any other local, state or
federal funds.

      (f) Moneys from the fund shall not supplant any other local, state or
federal funds unless the secretary finds that it is in the best interests of
the state to supplant such other funds and to make expenditures from the
fund in a more timely manner to investigate or clean up chemicals, chem-
ical-contaminated materials, soil or groundwater resulting from an alleged
illegal drug manufacturing site or an arrest made pursuant to the Kansas
chemical control act, to conduct any other clean up action necessary at
an alleged illegal drug manufacturing site, or to abate any imminent and
substantial danger to public health or safety or to the environment related
to a release from an illegal drug manufacturing site.

      Sec.  2. K.S.A. 2000 Supp. 65-7012 is hereby repealed.

      Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 9, 2001.
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