CHAPTER 86
HOUSE BILL No. 2300
An  Act concerning certain state agencies; relating to the advisory committee on Hispanic
affairs; appointments of members; concerning the Kansas governmental operations ac-
countability law; amending K.S.A. 32-801, 74-2613, 74-5002f, 74-6502, 75-3702a, 75-
4503, 75-5001, 75-5101, 75-5203, 75-5301, 75-5601, 75-5701 and 75-5903 and K.S.A.
2000 Supp. 2-1904, 74-560 and 74-5202 and repealing the existing sections.

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

      Section  1. K.S.A. 74-6502 is hereby amended to read as follows: 74-
6502. (a) The advisory committee shall consist of seven members. No
more than four members shall be members of the same political party.
Subject to the provisions of K.S.A. 1992 Supp. 75-4315c, and amendments
thereto, each congressional district in the state of Kansas shall be repre-
sented on the advisory committee by at least one member who is a resi-
dent of the district at the time of appointment and the remainder shall
represent the state at large. Advisory committee members shall be ap-
pointed by the governor. A person appointed to fill a vacancy which occurs
prior to the expiration of a term shall be appointed for the unexpired
term. Except as provided by subsection (b), each member of the com-
mittee shall be appointed for a three-year term.

      (b) The terms of all members of the committee shall expire on June
30, 2001. Of the members appointed to fill vacancies due to expiration of
terms on June 30, 2001, two shall be appointed to terms of one year, two
shall be appointed for terms of two years and three shall be appointed for
terms of three years. Thereafter members shall be appointed for terms of
three years and until successors are appointed and qualified.

      Nothing in this subsection shall be construed as prohibiting the reap-
pointment of members of the committee who had been appointed prior to
the effective date of this act.

      Sec.  2. K.S.A. 2000 Supp. 74-5202 is hereby amended to read as
follows: 74-5202. (a) There is hereby created a Kansas arts commission
which shall be composed of twelve members to be appointed by the
governor and to serve. Except as provided by subsection (b), members
shall be appointed for terms of three years. Upon expiration of the term
of each member serving on the commission on the effective date of this
act, the governor shall appoint a successor for a term of three years.
Members serving on the commission on the effective date of this act may
be reappointed to a term of three years. Members may not serve more
than two terms and are not eligible for reappointment following the end
of their second term of office. The commission shall have a chairperson,
vice-chairperson, and secretary-treasurer, which officers shall be desig-
nated by the governor from the membership of the commission. The
commission shall meet upon call of the chairperson, but at least once
each quarter. Members of the Kansas arts commission attending meetings
of such commission, or attending a subcommittee meeting thereof au-
thorized by such commission, shall be paid compensation, subsistence
allowances, mileage and other expenses as provided in K.S.A. 75-3223,
and amendments thereto. Employment by the state, or any instrumen-
tality or subdivision of the state, shall not prevent any person from ac-
cepting appointment to and serving on the commission.

      (b) The terms of all members of the commission shall expire on June
30, 2001. Of the members appointed due to expiration of terms on June
30, 2001, four members shall be appointed for terms of one year, four
members shall be appointed for terms of two years and four members
shall be appointed for terms of three years. Thereafter, members shall be
appointed for terms of three years and until successors are appointed and
qualified.

      Nothing in this subsection shall be construed as prohibiting the reap-
pointment of members of the commission who had been appointed prior
to the effective date of this act except no member may be appointed to
serve more than seven consecutive years.

      Sec.  3. K.S.A. 2000 Supp. 2-1904 is hereby amended to read as fol-
lows: 2-1904. (a) There is hereby established, to serve as an agency of the
state and to perform the functions conferred upon it in this act, the state
conservation commission. The state conservation commission shall suc-
ceed to all the powers, duties and property of the state soil conservation
committee. The commission shall consist of nine members. The following
shall serve, ex officio, as members of the commission and shall hold office
so long as they shall retain the office by virtue of which they shall be
serving on the commission; as follows:

      (1) The director of the cooperative extension service and the director
of the state agricultural experiment station or their designees located at
Manhattan, Kansas, or such persons' designees shall serve, ex officio, as
members of the commission.

      (2) The commission shall invite request the secretary of agriculture
of United States of America to appoint one person and the Kansas state
board secretary of the Kansas department of agriculture to appoint one
person, each of whom shall be residents of the state of Kansas to serve
with the above-mentioned members as a member as members of the
commission. These members shall hold office for four years and until a
successor is appointed and qualifies, with terms commencing on the sec-
ond Monday in January beginning in 1973.

      (3) Five members of the state commission shall be elected by the
conservation district supervisors at a time and place to be designated by
the state conservation commission. The method of electing such members
to be conducted as follows: The state is to be divided into five (5) separate
areas. Area No. I to include the following counties: Cheyenne, Rawlins,
Decatur, Norton, Phillips, Smith, Osborne, Rooks, Graham, Sheridan,
Thomas, Sherman, Wallace, Logan, Gove, Trego, Ellis and Russell. Area
No. II to include: Greeley, Wichita, Scott, Lane, Ness, Rush, Pawnee,
Hodgeman, Finney, Kearny, Hamilton, Edwards, Ford, Gray, Haskell,
Grant, Stanton, Morton, Stevens, Seward, Meade, Clark, Comanche and
Kiowa. Area No. III to include: Jewell, Republic, Mitchell, Cloud, Lin-
coln, Ottawa, Ellsworth, Saline, Rice, McPherson, Reno, Harvey, King-
man, Sedgwick, Sumner, Harper, Barber, Pratt, Barton and Stafford. Area
No. IV to include: Washington, Marshall, Nemaha, Brown, Doniphan,
Clay, Riley, Pottawatomie, Jackson, Atchison, Jefferson, Leavenworth,
Wyandotte, Johnson, Douglas, Shawnee, Wabaunsee, Geary, Dickinson,
Morris, Osage, Franklin and Miami. Area No. V to include: Marion,
Chase, Lyon, Coffey, Anderson, Linn, Bourbon, Allen, Woodson, Green-
wood, Butler, Elk, Wilson, Neosho, Crawford, Cowley, Chautauqua,
Montgomery, Labette and Cherokee. Areas II and IV will elect in even
number years and Areas I, III and V shall elect in odd number years for
two year terms. The elected commission members from Areas I, III and
V shall take office on January 1, of the even number years. The remaining
two elected members of the state commission from Areas II and IV shall
take office on January 1, of the odd number years. The method of election
is to be by area caucus of the district supervisors of each of the five
separate areas of Kansas. The commission shall give each district notice
of the time and place of such annual election meeting by letter if a mem-
ber is to be elected to the commission from that area that year. The
selection of a successor to fill an unexpired term shall be by appointment
by the commission. The successor who is appointed to fill the unexpired
term shall be a resident of the same area as that of the predecessor.

      (b) The commission shall keep a record of its official actions, shall
adopt a seal which seal shall be judicially noticed, and may perform such
acts, hold such public hearings and adopt rules and regulations necessary
for the execution of its functions under this act.

      (b) (c) The state conservation commission may employ an adminis-
trative officer and such technical experts as it may require and shall de-
termine their qualifications and duties. Such officer and experts shall be
in the unclassified service of the Kansas civil service act and shall receive
annual salaries fixed by the commission and approved by the state finance
council. All other agents and employees, permanent or temporary, re-
quired by the state conservation commission, shall be within the classified
service of the Kansas civil service act. The commission may call upon the
attorney general of the state for such legal services as it may require. It
shall have authority to delegate to its chairperson, to one or more of its
members or to one or more agents or employees, such powers and duties
as it deems proper. It shall be supplied with suitable office accommo-
dations at the state capital, and shall be furnished with the necessary
supplies and equipment. Upon request of the commission, for the pur-
pose of carrying out any of its functions, the supervising officer of any
state agency or of any state institution of learning, insofar as may be
possible under available appropriations and having due regard to the
needs of the agency to which the request is directed, shall assign or detail
to the commission members of the staff or personnel of such agency or
institution of learning and make such special reports, surveys or studies
as the commission may request.

      (c) (d) The commission shall designate its chairperson and, from time
to time, may change such designation. A majority of the commission shall
constitute a quorum, and the concurrence of a majority in any matter
within their duties shall be required for its determination. Members of
the state conservation commission attending meetings of such commis-
sion or attending a subcommittee meeting thereof authorized by such
commission shall be paid compensation, subsistence allowances, mileage
and other expenses as provided in K.S.A. 75-3223, and amendments
thereto. The commission shall provide for keeping of a full and accurate
record of all proceedings and of all resolutions, regulations and orders
issued or adopted.

      (d) (e) In addition to the duties and powers hereinafter conferred
upon the state conservation commission, it shall have the following duties
and powers:

      (1) To offer such assistance as may be appropriate to the supervisors
of conservation districts, organized as provided hereinafter, in the carry-
ing out of any of their powers and programs;

      (2) to keep the supervisors of each of the several districts organized
under the provisions of this act informed of the activities and experience
of all other districts organized hereunder and to facilitate an interchange
of advice and experience between such districts and cooperation between
them;

      (3) to coordinate the programs of the several conservation districts
organized hereunder;

      (4) to secure the cooperation and assistance of the United States and
any of its agencies and of agencies of this state, in the work of such districts
and to contract with or to accept donations, grants, gifts and contributions
in money, services or otherwise from the United States or any of its agen-
cies or from the state or any of its agencies in order to carry out the
purposes of this act;

      (5) to disseminate information throughout the state concerning the
activities and programs of the conservation districts organized hereunder
and to encourage the formation of such districts in areas where their
organization is desirable;

      (6) to cooperate with and give assistance to watershed districts and
other special purpose districts in the state of Kansas for the purpose of
cooperating with the United States through the secretary of agriculture
in the furtherance of conservation pursuant to the provisions of the wa-
tershed protection and flood prevention act, as amended;

      (7) to cooperate in and carry out, in accordance with state policies,
activities and programs to conserve and develop the water resources of
the state and maintain and improve the quality of such water resources;

      (8) to enlist the cooperation and collaboration of state, federal, re-
gional, interstate, local, public and private agencies with the conservation
districts; and

      (9) to facilitate arrangements under which conservation districts may
serve county governing bodies and other agencies as their local operating
agencies in the administration of any activity concerned with the conser-
vation of natural resources.

      (e) The provisions of the Kansas governmental operations accounta-
bility law apply to the state conservation commission and the commission
is subject to audit, review and evaluation under such law.

      Sec.  4. K.S.A. 32-801 is hereby amended to read as follows: 32-801.
(a) In order to reorganize the administration, planning and regulation of
the state's parks, wildlife and other natural resources, there is hereby
established within the executive branch of government the Kansas de-
partment of wildlife and parks, which shall be administered under the
direction and supervision of a secretary of wildlife and parks who shall be
appointed by the governor, with the consent of the senate as provided in
K.S.A. 75-4315b and amendments thereto.

      (b) The secretary shall be fully qualified by education, training and
experience in wildlife, parks or natural resources, or a related field, and
shall have a demonstrated executive and administrative ability to dis-
charge the duties of the office of secretary. The secretary shall serve at
the pleasure of the governor. The secretary shall be in the unclassified
service under the Kansas civil service act and shall receive an annual salary
to be fixed by the governor.

      (c) The provisions of the Kansas governmental operations accounta-
bility law apply to the office of secretary of wildlife and parks and the
Kansas department of wildlife and parks, and the office and department
are is subject to audit, review and evaluation under such law.

      Sec.  5. K.S.A. 2000 Supp. 74-560 is hereby amended to read as fol-
lows: 74-560. (a) On and after the effective date of this act, in order to
reorganize the administration, planning and regulation of the state's ag-
riculture industry there is hereby established within the executive branch
of government the Kansas department of agriculture, which shall be ad-
ministered under the direction and supervision of a secretary of agricul-
ture.

      (b) The state board of agriculture, established pursuant to K.S.A.
2000 Supp. 74-562, shall nominate three individuals to the governor for
the appointment as secretary of agriculture. The governor either shall
select and appoint a person nominated to be secretary or shall reject the
nominations and request the board to nominate three new individuals for
the appointment as secretary. Upon receipt of any such request for the
nomination of three new individuals, the board shall nominate three new
individuals for the appointment as secretary in the same manner. The
nominees shall have a demonstrated executive and administrative ability
to discharge the duties of the office of secretary. Every appointed sec-
retary of agriculture shall be appointed subject to confirmation by the
senate as provided in K.S.A. 75-4315b, and amendments thereto. The
secretary shall be a member of the governor's cabinet. The secretary shall
serve at the pleasure of the governor. The secretary shall be in the un-
classified service under the Kansas civil service act and shall receive an
annual salary to be fixed by the governor. The acting secretary of agri-
culture who is serving as the secretary on the effective date of this act
shall be the secretary of agriculture as established by this act, shall serve
at the pleasure of the governor and shall be subject to confirmation by
the senate as provided in K.S.A. 75-4315b, and amendments thereto. Any
action of the Senate taken prior to the effective date of this act which
confirms an individual as the secretary of agriculture is hereby validated
and shall constitute confirmation by the Senate of such individual as sec-
retary of agriculture under this section.

      (c) The secretary shall organize an annual public informational meet-
ing. The meeting shall take place in each congressional district on a ro-
tating basis.

      (d) The provisions of the Kansas governmental operations accounta-
bility law apply to the office of secretary of agriculture and the Kansas
department of agriculture, and the office and department are is subject
to audit, review and evaluation under such law.

      Sec.  6. K.S.A. 74-2613 is hereby amended to read as follows: 74-
2613. (a) There is hereby established within the executive branch of gov-
ernment the Kansas water office, which shall be administered under the
direction and supervision of the director of the Kansas water office. The
director of the Kansas water office shall be appointed by the governor,
subject to confirmation by the senate as provided in K.S.A. 75-4315b, and
amendments thereto. Except as otherwise provided by this section, the
director of the Kansas water office shall be in the unclassified service
under the Kansas civil service act, shall serve at the pleasure of the gov-
ernor and shall receive an annual salary fixed by the governor. The pro-
vision of this act shall not affect the term of office of the director of the
Kansas water office serving in such office on the day preceding the ef-
fective date of this act and such term of office shall expire on June 30,
1988, in accordance with the provisions of this section prior to amend-
ment by this act.

      (b) All budgeting, purchasing and related management functions of
the Kansas water office shall be administered under the direction and
supervision of the director of the Kansas water office.

      (c) All vouchers for expenditures from appropriations to or for the
Kansas water office shall be approved by the director of the Kansas water
office or a person or persons designated by the director for such purpose.

      (d) The provisions of the Kansas governmental operations accounta-
bility law apply to the office of director of the Kansas water office and
the Kansas water office, and the offices are office is subject to audit,
review and evaluation under such law.

      Sec.  7. K.S.A. 74-5002f is hereby amended to read as follows: 74-
5002f. (a) In order to reorganize the administration and planning of hous-
ing related issues within the state, there is hereby established the de-
partment of commerce and housing, the head of which shall be the
secretary of commerce and housing. The secretary of commerce and
housing shall be appointed by the governor. When the governor appoints
a secretary of commerce and housing that is an individual other than the
individual that was confirmed by the senate in 1990 as secretary of com-
merce, the secretary of commerce and housing shall be subject to con-
firmation by the senate pursuant to K.S.A. 75-4315b, and amendments
thereto. The secretary shall be in the unclassified service under the Kan-
sas civil service act.

      (b) The provisions of the Kansas governmental operations law apply
to the department and the department is subject to audit, review and
evaluation under such law.

      Sec.  8. K.S.A. 75-3702a is hereby amended to read as follows: 75-
3702a. (a) There is hereby created a department of administration, the
head of which shall be the secretary of administration. The governor shall
appoint the secretary of administration, subject to confirmation by the
senate as provided in K.S.A. 75-4315b, and amendments thereto. The
secretary of administration shall serve at the pleasure of the governor.
The department of administration shall be administered under the direc-
tion and supervision of the secretary of administration. The secretary of
administration shall receive an annual salary fixed by the governor.

      (b) The provisions of the Kansas governmental operations accounta-
bility law apply to the office of secretary of administration and the de-
partment of administration, and the office and department are is subject
to audit, review and evaluation under such law.

      Sec.  9. K.S.A. 75-4503 is hereby amended to read as follows: 75-
4503. (a) There is hereby created the capitol area security patrol which
shall be under the supervision and management of the superintendent of
the highway patrol.

      (b) Members of the capitol area security patrol shall have the powers
and authority of peace, police and law enforcement officers while wearing
the prescribed badge of office and while on duty in Shawnee county,
Kansas.

      (c) All persons arrested by a member of the capitol area security
patrol shall be turned over to the Shawnee county department of correc-
tions to be dealt with in the same manner as other persons turned over
to such department, except in cases of violation of the ordinances of the
city of Topeka, any such person may be turned over to the police de-
partment of the city of Topeka to be dealt with by it in the same manner
as other persons arrested by police officers of the Topeka police depart-
ment.

      (d) The provisions of the Kansas governmental operations accounta-
bility law apply to the capitol area security patrol and the patrol is subject
to audit, review and evaluation under such law.

      Sec.  10. K.S.A. 75-5001 is hereby amended to read as follows: 75-
5001. (a) In order to coordinate the planning, development and operation
of the various modes and systems of transportation within this state, there
is hereby established a department of transportation, which shall be ad-
ministered under the direction and supervision of the secretary of trans-
portation. The secretary of transportation shall be appointed by the gov-
ernor, subject to confirmation by the senate as provided in K.S.A.
75-4315b, and amendments thereto, and shall serve at the pleasure of the
governor. The secretary shall receive an annual salary fixed by the gov-
ernor.

      (b) The provisions of the Kansas governmental operations accounta-
bility law apply to the office of secretary of transportation and the de-
partment of transportation, and the office and department are is subject
to audit, review and evaluation under such law.

      Sec.  11. K.S.A. 75-5101 is hereby amended to read as follows: 75-
5101. (a) There is hereby created a department of revenue, the head of
which shall be the secretary of revenue. The governor shall appoint the
secretary of revenue, subject to confirmation by the senate as provided
in K.S.A. 75-4315b, and amendments thereto, and the secretary shall
serve at the pleasure of the governor. The department of revenue created
by this act shall be administered under the direction and supervision of
the secretary of revenue. The secretary of revenue shall receive an annual
salary fixed by the governor.

      (b) The provisions of the Kansas governmental operations accounta-
bility law apply to the office of secretary of revenue and the department
of revenue, and the office and department are is subject to audit, review
and evaluation under such law.

      Sec.  12. K.S.A. 75-5203 is hereby amended to read as follows: 75-
5203. (a) There is hereby established the department of corrections, the
chief executive officer of which shall be the secretary of corrections. The
secretary shall be appointed by the governor, subject to confirmation by
the senate as provided in K.S.A. 75-4315b, and amendments thereto, and
shall serve at the pleasure of the governor. In case of a vacancy in the
office of secretary, the governor shall appoint a successor in the manner
that the original appointment was made. The secretary shall receive an
annual salary fixed by the governor, which shall be payable in equal
monthly installments. In addition, the secretary shall be entitled to receive
actual and necessary traveling and subsistence expenses incurred in the
performance of the secretary's official duties.

      (b) Except as provided by subsection (c), no person shall be eligible
for appointment to, or hold the position of, secretary of corrections unless
such person:

      (1) Has had at least five years' experience in the field of corrections
or as an executive officer in the administration of federal or state penal
or correctional institutions; or

      (2)  (A) has had at least three years' experience in the field of correc-
tions or as an executive officer in the administration of federal or state
penal or correctional institutions; and (B) has a degree from an accredited
college or university, which degree is based on penology or a related field
as a major of study; or

      (3)  (A) has had at least five years' experience as a federal, appellate
or district judge or federal, district or county prosecutor, five years' ex-
perience in military administration or administration of a criminal justice
agency or five years' administrative experience treating criminal offenders
through programs involving penal custody, parole, probation and sen-
tencing; (B) has a degree from an accredited college or university, which
degree is in a social or behavioral science, penology, corrections, criminal
justice, police science, criminology, public administration, local correc-
tions programs or a related field; and (C) has demonstrated administrative
ability and leadership.

      (c) If the governor is unable to appoint a person as secretary who
possesses the qualifications required by subsection (b), the governor may
appoint a person without such qualifications as acting secretary, who shall
be subject to confirmation by the senate as provided in K.S.A. 75-4315b,
and amendments thereto, and shall serve at the pleasure of the governor.

      (d) Before entering upon the duties of the office, the secretary shall
take and subscribe an oath to faithfully and honestly discharge the duties
of the office to the best of the secretary's knowledge and ability.

      (e) The provisions of the Kansas governmental operations accounta-
bility law apply to the office of secretary of corrections and the depart-
ment of corrections, and the office and department are is subject to audit,
review and evaluation under such law.

      Sec.  13. K.S.A. 75-5301 is hereby amended to read as follows: 75-
5301. (a) There is hereby created a department of social and rehabilitation
services, the head of which shall be the secretary of social and rehabili-
tation services. The governor shall appoint the secretary of social and
rehabilitation services, subject to confirmation by the senate as provided
in K.S.A. 75-4315b, and amendments thereto, and the secretary shall
serve at the pleasure of the governor. The department of social and re-
habilitation services created by this order shall be administered under the
direction and supervision of the secretary of social and rehabilitation serv-
ices. The secretary of social and rehabilitation services shall receive an
annual salary fixed by the governor.

      (b) The provisions of the Kansas governmental operations accounta-
bility law apply to the office of the secretary of social and rehabilitation
services and the department of social and rehabilitation services, and the
office and department are is subject to audit, review and evaluation under
such law.

      Sec.  14. K.S.A. 75-5601 is hereby amended to read as follows: 75-
5601. (a) There is hereby created a department of health and environ-
ment, the head of which shall be the secretary of health and environment,
which office is hereby created. The governor shall appoint the secretary
of health and environment, subject to confirmation by the senate as pro-
vided in K.S.A. 75-4315b, and amendments thereto, and the secretary
shall serve at the pleasure of the governor. The department of health and
environment shall consist of the division of health and the division of
environment. The secretary of health and environment shall receive an
annual salary fixed by the governor.

      (b) The provisions of the Kansas governmental operations accounta-
bility law apply to the office of secretary of health and environment and
the department of health and environment, and the office and depart-
ment are is subject to audit, review and evaluation under such law.

      Sec.  15. K.S.A. 75-5701 is hereby amended to read as follows: 75-
5701. (a) There is hereby established a department of human resources.
The department shall be administered under the direction and supervi-
sion of the secretary of human resources who shall be appointed by the
governor, subject to confirmation by the senate as provided in K.S.A. 75-
4315b, and amendments thereto, and who shall serve at the pleasure of
the governor. The secretary shall be in the unclassified service under the
Kansas civil service act and shall receive an annual salary fixed by the
governor.

      (b) The provisions of the Kansas governmental operations accounta-
bility law apply to the office of secretary of human resources and the
department of human resources, and the office and department are is
subject to audit, review and evaluation under such law.

      Sec.  16. K.S.A. 75-5903 is hereby amended to read as follows: 75-
5903. (a) There is hereby created a department on aging. The department
on aging shall be administered under the direction and supervision of the
secretary of aging. The secretary shall be appointed by the governor,
subject to confirmation by the senate as provided in K.S.A. 75-4315b, and
amendments thereto, and shall serve at the pleasure of the governor. In
appointing the secretary, the governor shall consider, but is not limited
to, persons suggested by the council and persons with responsible ad-
ministrative experience in the field of gerontology. The secretary shall be
in the unclassified service under the Kansas civil service act and shall
receive an annual salary fixed by the governor.

      The department on aging shall be the single state agency for receiving
and disbursing federal funds made available under the federal older
Americans act (public law 89-73) and any amendments thereto or other
federal programs for the aging.

      (b) The provisions of the Kansas governmental operations accounta-
bility law apply to the office of secretary of aging and the department on
aging, and the office and department are is subject to audit, review and
evaluation under such law.

 Sec.  17. K.S.A. 32-801, 74-2613, 74-5002f, 74-6502, 75-3702a, 75-
4503, 75-5001, 75-5101, 75-5203, 75-5301, 75-5601, 75-5701 and 75-5903
and K.S.A. 2000 Supp. 2-1904, 74-560 and 74-5202 are hereby repealed.
 Sec.  18. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 3, 2001.
 Published in the Kansas Register April 12, 2001.
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