reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1310 Assumption of powers and duties of legislator by emergency interim successor.

48-1310.
Assumption of powers and duties of legislator by emergency interim successor.
If in the event of an attack a legislator is unavailable, his or her emergency interim successor shall exercise the powers and assume the duties of such legislator. An emergency interim successor shall exercise these powers and assume these duties until the incumbent legislator, or a legislator appointed or elected and legally qualified can act. Each house of the legislature shall, in accordance with its own rules, determine who is entitled under the provisions of this act to exercise the powers and assume the duties of its members. All constitutional and statutory provisions pertaining to ouster of a legislator shall be applicable to an emergency interim successor who is exercising the powers and assuming the duties of a legislator.
History:
L. 1961, ch. 252, § 10; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1311 Privileges, immunities and compensation of emergency interim successors.

48-1311.
Privileges, immunities and compensation of emergency interim successors.
When an emergency interim successor exercises the powers and assumes the duties of a legislator, the successor shall be accorded the privileges and immunities, compensation, allowances and other perquisites of office to which a legislator is entitled. In the event of an attack, each emergency interim successor, whether or not called upon to exercise the powers and assume the duties of a legislator, shall be accorded the privileges and immunities of a legislator while traveling to and from a place of session and shall be compensated for travel in the same manner and amount as a legislator. This section shall not in any way affect the privileges, immunities, compensation, allowances or other perquisites of office of an incumbent legislator.
History:
L. 1961, ch. 252, § 11; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1312 Quorum and vote requirements.

48-1312.
Quorum and vote requirements.
In the event of an attack (1) quorum requirements for the legislature shall be suspended; and (2) where the affirmative vote of a specified proportion of members for approval of a bill, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.
History:
L. 1961, ch. 252, § 12; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1313 Termination of operation of provisions of this act.

48-1313.
Termination of operation of provisions of this act.
The authority of emergency interim successors to succeed to the powers and duties of legislators, and the operation of the provisions of this act relating to quorum, the number of affirmative votes required for legislative action, and limitations on the length of sessions and the subjects which may be acted upon, shall expire two years following the inception of an attack, but nothing herein shall prevent the resumption before such time of the filling of legislative vacancies and the calling of elections for the legislature in accordance with applicable constitutional and statutory provisions. The governor, acting by proclamation, or the legislature, acting by concurrent resolution, may from time to time extend or restore such authority or the operation of any of such provisions upon finding that events render the extension or restoration necessary, but no extension or restoration shall be for a period of more than one year.
History:
L. 1961, ch. 252, § 13; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 14 - Emergency Location Of Governments For State Political Subdivisions › 48-1401 Meeting and establishment of temporary locations of government, when; site.

48-1401.
Meeting and establishment of temporary locations of government, when; site.
Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision of this state may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision and within this state.
History:
L. 1961, ch. 82, § 1; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 14 - Emergency Location Of Governments For State Political Subdivisions › 48-1402 Same; powers of governing body at emergency location; how exercised.

48-1402.
Same; powers of governing body at emergency location; how exercised.
During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this state shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative and judicial powers and functions conferred upon such body and officers by or under the laws of this state. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.
History:
L. 1961, ch. 82, § 2; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 14 - Emergency Location Of Governments For State Political Subdivisions › 48-1403 Same; act controls over conflicting provisions.

48-1403.
Same; act controls over conflicting provisions.
The provisions of this act shall control and be supreme in the event it shall be employed notwithstanding any statutory, charter, or ordinance provision to the contrary or in conflict herewith.
History:
L. 1961, ch. 82, § 3; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 15 - Emergency Location Of State Government › 48-1501 Establishment of temporary location, when; proclamation; duration.

48-1501.
Establishment of temporary location, when; proclamation; duration.
Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of Topeka, Shawnee county, Kansas, the governor or such person who may be exercising the power of governor under this act shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within this state as the governor may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to such emergency temporary location, or locations. Such emergency temporary location, or locations, shall remain as the seat of government until the legislature shall by law establish a new location, or locations, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.
History:
L. 1961, ch. 422, § 1; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 15 - Emergency Location Of State Government › 48-1502 Same; official acts performed at emergency location valid.

48-1502.
Same; official acts performed at emergency location valid.
During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department or authority of this state, including the convening and meeting of the legislature in regular, extraordinary, or emergency session, shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.
History:
L. 1961, ch. 422, § 2; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 15 - Emergency Location Of State Government › 48-1503 Same; act controls over conflicting provisions.

48-1503.
Same; act controls over conflicting provisions.
The provisions of this act shall control and be supreme in the event it shall be employed notwithstanding the provisions of any other law to the contrary or in conflict herewith.
History:
L. 1961, ch. 422, § 3; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1601 Declaration of policy; construction of act.

48-1601.
Declaration of policy; construction of act.
It is the policy of the state of Kansas in furtherance of its responsibility to protect the public health and safety:
(a) To institute and maintain a program to permit development and utilization of sources of radiation for peaceful purposes consistent with the health and safety of the public;
(b) to institute and maintain a regulatory program for sources of radiation so as to provide for (1) compatibility with the standards and regulatory programs of the federal government; (2) an integrated, effective system of regulation within the state; and (3) a system consonant insofar as possible with those of other states; and
(c) to provide for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within the state, except for waste generated as a result of defense or federal research and development activities, and to recognize that such radioactive waste can be most safely and efficiently managed on a regional basis. Any state agency or institution acting as a grantee in a federal research or development program which generates low-level radioactive waste within the state shall be required to dispose of such waste in accordance with applicable state law.
The provisions of this act shall not be interpreted as limiting the intentional exposure of patients to radiation, for the purpose of diagnosis or therapy, by persons licensed to practice one or more of the healing arts within the authority granted to them by the Kansas healing arts statute, or by persons licensed to practice dentistry or podiatry within the authority granted to them by Kansas licensing laws applying to dentists and podiatrists.
History: L. 1963, ch. 290, § 1; L. 1972, ch. 207, § 1; L. 1984, ch. 198, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1602 Purposes.

48-1602.
Purposes.
It is the purpose of this act to effectuate the policies set forth in K.S.A. 48-1601 by providing for:
(a) A program of effective regulation of sources of radiation for the protection of the public health and safety;
(b) a program to promote an orderly regulatory pattern within the state, among the states and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of radiation to the end that duplication of regulation may be minimized;
(c) a program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to by-product, source and special nuclear materials; radiation producing devices and electronic products; and
(d) a program to permit maximum utilization of sources of radiation consistent with the health and safety of the public.
History: L. 1963, ch. 290, § 2; L. 1972, ch. 207, § 2; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1607 Licensing, registration, possession and use of sources of radiation and records thereof.

48-1607.
Licensing, registration, possession and use of sources of radiation and records thereof.
The secretary:
(a) Shall provide by rules and regulations for general or specific licensing of by-product, source, radioactive material and special nuclear materials, or devices or equipment utilizing such materials. Such rules and regulations shall provide for amendment, suspension or revocation of licenses;
(b) shall develop programs, with due regard for compatibility with federal programs, for regulations and inspection of by-product, source and special nuclear materials;
(c) is authorized to require licensing or registration of all sources of radiation;
(d) shall prescribe rules and regulations pertaining to such sources of radiation;
(e) is authorized to exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this section when the secretary makes a finding that the exemption of such sources of radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public;
(f) is authorized to provide for recognition of other state or federal licenses as the secretary may deem desirable, subject to such registration requirements as the secretary may prescribe;
(g) shall require each person who acquires, possesses or uses a source of radiation to maintain records relating to its receipt, storage, transfer or disposal and such other records as the secretary may require subject to such exemptions as may be provided by rules and regulations;
(h) shall require each person who acquires, possesses or uses a source of radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules and regulations of the secretary. Copies of these records and those required to be kept by subsection (g) of this section shall be submitted to the secretary on request. Any person possessing or using a source of radiation shall furnish to each employee, for whom personnel monitoring is required, a copy of such employee's personal exposure record annually, at any time such employee has received excessive exposure, and upon termination of employment;
(i) shall maintain a file of (1) all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, revocations, and any administrative or judicial action pertaining thereto; (2) registrants possessing sources of radiation requiring registration under the provisions of this act and any administrative or judicial action pertaining thereto; and (3) all rules and regulations relating to regulation of sources of radiation, pending or promulgated, and proceedings thereon.
History: L. 1963, ch. 290, § 7; L. 1972, ch. 207, § 5; L. 1984, ch. 198, § 5; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1609 Inspection.

48-1609.
Inspection.
The secretary or the secretary's authorized representatives shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this act and rules and regulations issued hereunder, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.
History:
L. 1963, ch. 290, § 9; L. 1984, ch. 198, § 7; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1610 Impounding of materials.

48-1610.
Impounding of materials.
The secretary shall have the authority to impound or order the impounding of sources of radiation, in the possession of any person who is not equipped to observe or fails to observe the provisions of this act or any rules and regulations issued hereunder.
History: L. 1963, ch. 290, § 10; L. 1972, ch. 207, § 7; L. 1984, ch. 198, § 8; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1611 Injunction proceedings.

48-1611.
Injunction proceedings.
Whenever, in the judgment of the secretary, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this act or any rule and regulation or order issued thereunder, the attorney general shall be empowered to make application to the district court of the county in which such acts or practices may be performed, for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the secretary that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted. If the attorney general shall present a verified application for a restraining order which alleges an immediate danger to the public health and safety, such restraining order shall issue forthwith.
History:
L. 1963, ch. 290, § 11; L. 1984, ch. 198, § 9; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1612 Prohibited uses.

48-1612.
Prohibited uses.
It shall be unlawful for any person to use, manufacture, produce, transport, transfer, distribute, sell, install, repair, receive, acquire, own or possess any source of radiation unless licensed by or registered with the secretary in accordance with the provisions of this act.
History: L. 1963, ch. 290, § 12; L. 1972, ch. 207, § 8; L. 1984, ch. 198, § 10; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1613 Penalties.

48-1613.
Penalties.
(a) Any person who violates any of the provisions of this act or rules and regulations issued pursuant to this act, or who violates any order of the secretary issued pursuant to this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $500 or by imprisonment not to exceed six months or by both such fine and imprisonment, and in addition thereto, may be enjoined from continuing such violation. Each day of such violation shall constitute a separate violation.
(b) Any person who violates any licensing or registration provision of this act, any rule and regulation or order issued thereunder or any term condition or limitation of any license or registration certificate issued thereunder or who commits any violation for which a license or registration certificate may be revoked under rules and regulations issued pursuant to this act may be subject to a penalty, to be imposed by the secretary, not to exceed $10,000. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The secretary shall have the power to compromise, mitigate or remit such penalties. Whenever the secretary proposes to subject a person to the imposition of a civil penalty under the provisions of this section the secretary shall follow the procedures contained in subsection (b) of K.S.A. 48-1608, and amendments thereto.
Any action by the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
(c) On the request of the secretary, the attorney general is authorized to institute a civil action to collect any penalty imposed pursuant to this section. The attorney general shall have the exclusive power to compromise, mitigate or remit such civil penalties as are referred for collection.
(d) All moneys collected from civil penalties shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. Moneys collected from civil penalties shall not be used for normal operating expenses of the department except as appropriations are made from the general fund in the normal budgetary process.
History:
L. 1963, ch. 290, § 13; L. 1984, ch. 198, § 11; L. 1986, ch. 318, § 73; L. 1988, ch. 356, § 162; L. 2001, ch. 5, § 180; L. 2010, ch. 17, § 94; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1614 Trade secrets and industrial processes protected.

48-1614.
Trade secrets and industrial processes protected.
Any report of investigation or inspection, or any information which is a trade secret under the uniform trade secrets act (K.S.A. 60-3320 et seq. and amendments thereto) or secret industrial processes obtained by a department or agency from any person in carrying out their responsibilities under this act shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of such department or agency. It is the affirmative duty of such person to inform such department or agency of their claim to a trade secret or secret industrial process.
History:
L. 1963, ch. 290, § 14; L. 2005, ch. 67, § 3; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1615 Inspection agreements.

48-1615.
Inspection agreements.
The secretary is authorized to enter into, subject to the approval of the governor, an agreement or agreements with the federal government, other states or interstate agencies, whereby this state will perform on a cooperative basis with the federal government, other states or interstate agencies, inspections or other functions relating to control of sources of radiation.
History: L. 1963, ch. 290, § 15; L. 1972, ch. 207, § 9; L. 1984, ch. 198, § 12; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1616 Federal-state agreements.

48-1616.
Federal-state agreements.
(a) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of radiation and the assumption thereof by this state.
(b) Any person who, on the effective date of an agreement under subsection (a) above, possesses a license issued by the federal government shall be deemed to possess the same pursuant to a license issued under this act, which shall expire either ninety (90) days after receipt from the secretary of health and environment of a notice of expiration of such license, or on the date of expiration specified in the federal license, whichever is earlier.
History: L. 1963, ch. 290, § 16; L. 1972, ch. 207, § 10; L. 1975, ch. 462, § 61; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1617 Effect of act on local ordinances, resolutions and regulations.

48-1617.
Effect of act on local ordinances, resolutions and regulations.
Ordinances, resolutions, or regulations, now or hereafter in effect, of the governing body of a municipality or county or board of health relating to by-product, source and special nuclear materials, radiation producing devices and electronic products shall not be superseded by this act: Provided, That such ordinances or regulations are and continue to be consistent with the provisions of this act, amendments thereto and rules and regulations hereunder.
History: L. 1963, ch. 290, § 17; L. 1972, ch. 207, § 11; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1618 Invalidity of part.

48-1618.
Invalidity of part.
If any section, subsection, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional, such decree shall not affect the validity of any remaining portion of this act.
History:
L. 1963, ch. 290, § 18; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1619 Title of act; citation.

48-1619.
Title of act; citation.
This act shall be known and may be cited as the "nuclear energy development and radiation control act."
History:
L. 1963, ch. 290, § 19; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1620 Licensing of low-level radioactive waste disposal facility required; conditions.

48-1620. Licensing of low-level radioactive waste disposal facility required; conditions.
The secretary shall review and grant or deny final approval for each low-level radioactive waste disposal facility license in the same manner as provided in K.S.A. 65-3433 et seq., and amendments thereto. The secretary shall not approve any such license which would permit the disposal of low-level radioactive waste below the natural level of the disposal site unless the secretary, subject to legislative approval, has determined that below grade disposal provides greater protection than above grade disposal for the environment and public health for the period of time for which such low-level radioactive waste may continue to pose a hazard to the environment and public health.
History:
L. 1984, ch. 198, § 13; L. 1987, ch. 202, § 1; L. 2015, ch. 35, § 2; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1622 Compact negotiations authorized; site acquisitions; contracts for operation of site.

48-1622.
Compact negotiations authorized; site acquisitions; contracts for operation of site.
(a) The secretary is authorized to enter into negotiations for a compact with other states for the establishment and operation of a regional low-level radioactive waste disposal site which, before being put into effect, shall be ratified by the legislatures of three states and consented to by the Congress of the United States.
(b) The state is authorized to accept or acquire, by gift, transfer or purchase, from another governmental agency or private person, suitable sites including land and appurtenances for the disposal of low-level radioactive waste. Sites received by gift or transfer are subject to approval and acceptance by the legislature.
(c) Lands and appurtenances which are used for the disposal of low-level radioactive waste shall be acquired in fee simple absolute and used exclusively for such purpose, unless or until the secretary determines that such exclusive use is not required to protect the public health, safety, welfare or environment. Before such site is leased for other use, the secretary shall require and assure that the radioactive waste history of the site be recorded in the permanent land records of the site. All radioactive material accepted by the site operator or by any agent of the site operator for disposal on a radioactive waste disposal site shall become the property of the state.
(d) The state is authorized to arrange for the availability of a service for disposal of low-level radioactive waste by contract operation of a disposal site acquired pursuant to subsection (b) or already owned by the state. A contract operator shall be subject to the surety and long-term care funding provisions of this act and to appropriate licensing by the United States nuclear regulatory commission or by the secretary under K.S.A. 48-1607, and amendments thereto.
(e) The secretary shall not approve any application for a license to receive radioactive waste from other persons for disposal on land not owned by the state or federal government.
History:
L. 1984, ch. 198, § 15; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16 - Nuclear Energy Development And Radiation Control › 48-1624 Inspection agreements; training programs.

48-1624.
Inspection agreements; training programs.
(a) The secretary is authorized to enter into an agreement or agreements with the United States nuclear regulatory commission pursuant to section 274(c) of the atomic energy act of 1954, as amended, other federal agencies, as authorized by law, other states or interstate agencies, whereby this state will perform on a cooperative basis with the commission, other federal governmental agencies, other state or interstate agencies, inspections or other functions relating to control of sources of radiation.
(b) The secretary may institute training programs for the purpose of qualifying personnel to carry out the provisions of this act, and may make such personnel available for participation in any program or programs of the federal government, other states or interstate agencies in furtherance of the purposes of this act.
History:
L. 1984, ch. 198, § 17; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16a - Radon Measurement And Mitigation › 48-16a01 Citation of law.

48-16a01.
Citation of law.
K.S.A. 2023 Supp. 48-16a01 through 48-16a12, and amendments thereto, shall be known and may be cited as the radon certification law.
History:
L. 2010, ch. 94, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16a - Radon Measurement And Mitigation › 48-16a02 Definitions.

48-16a02.
Definitions.
As used in the radon certification law:
(a) "Mitigate" means to repair or alter a building or design for the purpose in whole or in part of reducing the concentration of radon in the indoor atmosphere.
(b) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, state, political subdivision or agency of a state or political subdivision, or any legal successor or representative thereof.
(c) "Radon (Rn)" means the naturally occurring, colorless, odorless, radioactive gaseous element formed by radioactive decay, including radon 222, radon 220 (thoron), radon decay products and radon progeny or as defined by rules and regulations adopted by the secretary.
(d) "Secretary" means the secretary of the department of health and environment.
(e) "Measurement" or "test" means the: (1) Examination of a building, soil, water or air for the presence of radon, including taking air or soil samples; or (2) diagnosis of the source of radon contamination.
(f) "Radon measurement business" means a business which performs radon measurement and is either owned by, employees*, or retains as a consultant a certified radon measurement technician.
(g) "Radon mitigation business" means a business which performs radon mitigation services and is either owned by, employees* or retains as a consultant a certified radon mitigation technician.
(h) "Radon measurement laboratory" means a business that performs laboratory analysis of radon measurement devices or samples, but does not include the field analysis of continuous radon monitors or continuous working level monitors.
(i) "Department" means the department of health and environment.
History:
L. 2010, ch. 94, § 2; July 1.
* The word "employees" should have been "employs" instead.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16a - Radon Measurement And Mitigation › 48-16a03 Certification program; rules and regulations, standards and guidelines; implementation agreements.

48-16a03.
Certification program; rules and regulations, standards and guidelines; implementation agreements.
(a) The secretary shall establish a certification program for certified persons performing radon tests or mitigation in the state.
(b) The secretary shall adopt rules and regulations necessary to administer and implement the provisions of the radon certification law. Such rules and regulations shall be adopted no later than July 1, 2011.
(c) Within the limitations of appropriation acts, the secretary may employ personnel necessary to carry out the provisions of the radon certification law and rules and regulations adopted thereunder.
(d) The secretary may enter into agreements with public or private agencies for the implementation of the radon certification law.
(e) The secretary shall have no authority to adopt rules, regulations, standards or guidelines for the acceptable or permissible level of radon gas concentrations in residential or commercial structures that are more stringent, restrictive or expansive than the applicable federal standards or guidelines adopted or approved by the United States environmental protection agency.
History:
L. 2010, ch. 94, § 3; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16a - Radon Measurement And Mitigation › 48-16a04 Fees.

48-16a04.
Fees.
(a) The secretary may establish a schedule of fees to pay the costs of administration and implementation of the radon certification law. The secretary shall remit all moneys received from fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the radiation control operations fee fund established by K.S.A. 48-1625, and amendments thereto.
(b) Subject to the limitations of this section, the secretary may impose and collect fees, in advance for:
Radon measurement technician, application fee, new andbiannual renewal  $100.00
Radon mitigation technician application fee, new and biannualrenewal  100.00
Radon measurement laboratory, application fee, new andbiannual renewal  250.00
Returned check or insufficient check  50.00
Late application fee, for each month or part thereof  25.00
History:
L. 2010, ch. 94, § 4; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16a - Radon Measurement And Mitigation › 48-16a05 Radon measurement technician; certification; application; training course; examination; when section not applicable.

48-16a05.
Radon measurement technician; certification; application; training course; examination; when section not applicable.
(a) A person may not perform radon measurements or represent or advertise that such person may perform radon measurements unless such person has been certified as a radon measurement technician by the department.
(b) Any person desiring to be certified as a certified radon measurement technician shall submit an application on a form prescribed by the department along with the nonrefundable application fee.
(c) A radon measurement technician shall comply with the requirements of the radon certification law and any rules and regulations adopted thereunder.
(d) (1) Except as provided by this section, no person shall be certified by the department as a certified radon measurement technician unless such person shall have completed successfully a training course and passed an examination on radon measurement offered by the national radon safety board, the national environmental health association, or another organization determined by the department to have a radon measurement certification examination equal to or better than the national environmental health association or the national radon safety board.
(2) Applicants who are certified by either the national environmental health association or the national radon safety board on July 1, 2011, and who have completed an approved training course and passed an examination on radon measurement at any time prior to July 1, 2011, shall be deemed to have met the requirements of paragraph (1).
(e) The provisions of this section shall not apply to any person:
(1) Performing radon measurements on a building owned by such person or where such person resides; provided, the testing is not performed in association with or related to the transfer of real property; or
(2) performing radon measurements without remuneration; provided, the testing is not performed in association with or related to the transfer of real property.
History:
L. 2010, ch. 94, § 5; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16a - Radon Measurement And Mitigation › 48-16a07 Radon measurement business, conditions required to perform radon testing.

48-16a07.
Radon measurement business, conditions required to perform radon testing.
A radon measurement business shall comply with the radon certification law and any rules and regulations adopted thereunder. A certified radon measurement technician who is certified with the department shall own, be employed by or be retained as a consultant by a radon measurement business when such business is performing radon measurements. All radon testing, including the initial placement and final retrieval of all measurement devices and post mitigation testing, shall be performed by a certified radon measurement technician.
History:
L. 2010, ch. 94, § 7; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16a - Radon Measurement And Mitigation › 48-16a08 Radon mitigation business; conditions required to perform radon mitigation.

48-16a08.
Radon mitigation business; conditions required to perform radon mitigation.
A radon mitigation business shall comply with the radon certification law and any rules and regulations adopted thereunder. A certified radon mitigation technician who is certified with the department shall own, be employed by or be retained as a consultant by a radon mitigation business when such business is performing radon mitigation. A radon mitigation business shall ensure that radon mitigation system installations are performed under the supervision of a certified radon mitigation technician.
History:
L. 2010, ch. 94, § 8; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16a - Radon Measurement And Mitigation › 48-16a09 Radon measurement laboratory; certification; application; conditions for certification.

48-16a09.
Radon measurement laboratory; certification; application; conditions for certification.
(a) A person may not perform laboratory analysis or represent or advertise that it may perform laboratory analysis of radon measurement devices or samples unless such person has been certified as a certified radon measurement laboratory by the department.
(b) Any person desiring to be certified as a certified radon measurement laboratory shall submit an application on a form prescribed by the department along with the nonrefundable application fee.
(c) A certified radon measurement laboratory shall comply with the requirements of the radon certification law and any rules and regulations adopted thereunder. A person shall not be certified as an approved radon measurement laboratory unless such person has obtained a laboratory certification from the national environmental health association, the national radon safety board or a national proficiency testing program approved by the department.
(d) A designation as a certified radon measurement laboratory shall be nontransferable.
History:
L. 2010, ch. 94, § 9; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16a - Radon Measurement And Mitigation › 48-16a10 Reports on testing, analysis and mitigation; confidentiality; research studies; radon measurement or testing contracts, requirements.

48-16a10.
Reports on testing, analysis and mitigation; confidentiality; research studies; radon measurement or testing contracts, requirements.
(a) Except as provided by subsections (d), (e) and (g), any person who tests for radon in this state, analyzes radon testing devices used in this state or performs radon mitigation in this state shall make a report of such testing, analysis or mitigation to the secretary. Such report shall be made within 90 days of performance of such testing, analysis or mitigation and shall include the address where the services were provided, location within the building, approximate age of the building, the date on which the service was provided, the type of equipment or test kit used for radon measurements, specific information regarding pre-mitigation or post-mitigation for radon measurements, and the results of any tests, analysis or mitigation.
(b) All information obtained pursuant to this section shall be confidential and shall not be subject to disclosure under the open records act.
(c) The secretary may conduct research studies utilizing the data required to be reported by subsection (a). No report or publication shall include names or addresses of individuals.
(d) The provisions of this section shall not apply to a person performing tests or mitigation on a building owned by such person or where such person resides.
(e) Radon measurement businesses certified under this act shall not be required to submit the results of a radon test to the Kansas department of health and environment unless the customer or client consents to the release of this information in the contract to perform the radon test under subsection (f).
(f) Each contract between a certified radon measurement business and a client to perform a radon test shall include the following language: "It is standard procedure to provide the radon measurement information to the Kansas Department of Health and Environment. This data is required by law to be kept confidential and is used to conduct studies on radon and lung cancer incidence in Kansas. No report or publication will include names or addresses of individuals associated with the radon tests. If you (the client) agree that the radon testing information be disclosed to the Kansas Department of Health and Environment, you should initial here ______."
(g) If no contract is entered into by a certified radon measurement business and a client, the results of the radon testing shall be reported to the department in accordance with subsection (a).
History:
L. 2010, ch. 94, § 10; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16a - Radon Measurement And Mitigation › 48-16a11 Violations of law; penalties.

48-16a11.
Violations of law; penalties.
(a) Any person who willfully violates any provision of the radon certification law or any rules and regulations adopted thereunder is guilty of a class B misdemeanor and is subject to a cease and desist order imposed by the secretary after providing notice and a hearing in accordance with the Kansas administrative procedure act.
(b) In addition to any other penalty provided by law and after providing notice and a hearing in accordance with the Kansas administrative procedure act, the secretary may impose a fine in an amount not to exceed $1,000 against any person who violates any provision of the radon certification law and any rule and regulation adopted or order issued thereunder; if any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the amount of the civil penalty. Any action by the secretary pursuant to this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions*.
(c) On the request of the secretary, the attorney general is authorized to institute a civil action to collect any fine imposed pursuant to this section.
(d) All moneys collected from fines imposed under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(e) Any person certified for radon measurement or mitigation and who violates the provisions of the radon certification law or the rules and regulations adopted thereunder are subject to suspension or revocation of certification by the department in accordance with the Kansas administrative procedure act.
History:
L. 2010, ch. 94, § 11; July 1.
* Reference to "the act for judicial review and civil enforcement of agency actions" should be to "the Kansas judicial review act" instead.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 16a - Radon Measurement And Mitigation › 48-16a12 Severability.

48-16a12.
Severability.
If any section, subsection, sentence, clause, phrase or word of this act is for any reason held to be unconstitutional, such decree shall not affect the validity of any remaining portion of this act.
History:
L. 2010, ch. 94, § 12; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 17 - National Guard Mutual Assistance Compact › 48-1702 Payment of claims arising under compact.

48-1702.
Payment of claims arising under compact.
Upon presentation of a claim therefor by an appropriate authority of a state whose national guard forces have aided this state pursuant to the compact, any liability of this state pursuant to article III (f) of the compact shall be paid in the same manner provided for other expenditures of state moneys from amounts allocated therefor from the state emergency fund in accordance with K.S.A. 75-3713b.
History:
L. 1968, ch. 68, § 2; L. 1976, ch. 235, § 3; May 8.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 17 - National Guard Mutual Assistance Compact › 48-1703 Rights and status of national guard forces engaged pursuant to compact.

48-1703.
Rights and status of national guard forces engaged pursuant to compact.
In accordance with article III (h) of the compact, members of the national guard forces of this state shall be deemed to be in state service at all times when engaged pursuant to this compact, and shall be entitled to all rights and benefits provided pursuant to K.S.A. 48-226 [*] or subsequent similar pertinent legislation.
History:
L. 1968, ch. 68, § 3; March 16.
* K.S.A. 48-226 repealed by L. 1968, ch. 69, § 2.