CHAPTER 98 SENATE BILL No. 184* An Act concerning natural resources; creating the natural resources damages trust fund. Be it enacted by the Legislature of the State of Kansas:

      Section  1. (a) As used in this section:

      (1) ``Department'' means the department of health and environment.

      (2) ``Secretary'' means the secretary of health and environment.

      (3) ``Fund'' means the natural resources damages trust fund.

      (b) There is hereby created in the state treasury the natural resources
damages trust fund. All moneys received pursuant to subsections (d), (e)
and (f) shall be remitted to the state treasurer. Upon receipt of such
remittance, the state treasurer shall deposit the entire amount in the state
treasury and credit it to the natural resources damages trust fund.

      (c) All moneys credited to the fund shall be used to pay the cost of:

      (1) The design, review, implementation or oversight of the imple-
mentation of natural resources and environmental restoration plans;

      (2) contracting for services needed to supplement the department's
staff expertise in natural resource restoration activities;

      (3) mitigation of adverse environment impacts;

      (4) emergency or long-term remedial activities;

      (5) legal costs, including expert witness fees, incurred in the recovery
of fund expenditures;

      (6) state cost share for restoration activities undertaken in conjunc-
tion with the federal government or others; and

      (7) administrative costs necessary to administer the fund.

      (d) There is hereby created the natural resources restoration activities
federal account in the natural resources damages trust fund. All moneys
received from the federal government that are designated for natural
resource restoration activities shall be credited to such account.

      (e) There is hereby created the natural resources restoration activities
general account in the natural resources damages trust fund. All moneys
received solely by the state as cost recoveries, settlements, grants and
donations from other sources that are designated for natural resource
restoration activities shall be credited to such account. All moneys cred-
ited to such account shall be used for the purposes as designated in the
granting or collection document.

      (f) There is hereby created the emergency response activities account
in the natural resources damages trust fund. All moneys received by the
secretary in the form of gifts, grants, reimbursements, appropriations, cost
recoveries or funds collected from other sources that are designated for
emergency response activities in accordance with this act shall be credited
to such account.

      (g) All expenditures from the natural resources damages trust 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 or by a person or persons designated by the secretary.

      (h) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the natural re-
sources damages trust fund interest earnings based on:

      (1) The average daily balance of moneys in the natural resources dam-
ages trust fund for the preceding month; and

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

 Sec.  2. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 10, 2001.
 Published in the Kansas Register April 19, 2001.
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