reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-129 Penalties for unlawful acts.

65-129.
Penalties for unlawful acts.
Any person violating, refusing or neglecting to obey any of the rules and regulations adopted by the secretary of health and environment for the prevention, suppression and control of infectious or contagious diseases, or who leaves any isolation area of a hospital or other quarantined area without the consent of the local health officer having jurisdiction, or who evades or breaks quarantine or knowingly conceals a case of infectious or contagious disease shall be guilty of a class C misdemeanor.
History: L. 1917, ch. 205, § 2; R.S. 1923, 65-129; L. 1974, ch. 352, § 12; L. 1976, ch. 262, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-129b Infections or contagious diseases; authority of local health officer or secretary; evaluation or treatment orders, isolation or quarantine orders; enforcement.

65-129b.
Infections or contagious diseases; authority of local health officer or secretary; evaluation or treatment orders, isolation or quarantine orders; enforcement.
(a) Notwithstanding the provisions of K.S.A. 65-119, 65-122, 65-123, 65-126 and 65-128, and amendments thereto, and any rules or regulations adopted thereunder, in investigating actual or potential exposures to an infectious or contagious disease that is potentially life-threatening, the local health officer or the secretary:
(1) (A) May issue an order requiring an individual who the local health officer or the secretary has reason to believe has been exposed to an infectious or contagious disease to seek appropriate and necessary evaluation and treatment;
(B) when the local health officer or the secretary determines that it is medically necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to an infectious or contagious disease, may order an individual or group of individuals to go to and remain in places of isolation or quarantine until the local health officer or the secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public;
(C) if a competent individual of 18 years of age or older or an emancipated minor refuses vaccination, medical examination, treatment or testing under this section, may require the individual to go to and remain in a place of isolation or quarantine until the local health officer or the secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public; and
(D) if, on behalf of a minor child or ward, a parent or guardian refuses vaccination, medical examination, treatment or testing under this section, may require the minor child or ward to go to and remain in a place of isolation or quarantine and must allow the parent or guardian to accompany the minor child or ward until the local health officer or the secretary determines that the minor child or ward no longer poses a substantial risk of transmitting the disease or condition to the public; and
(2) may order any sheriff, deputy sheriff or other law enforcement officer of the state or any subdivision to assist in the execution or enforcement of any order issued under this section.
History:
L. 2005, ch. 122, § 2; April 21.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-129d Same; unlawful discharge from employment.

65-129d.
Same; unlawful discharge from employment.
It shall be unlawful for any public or private employer to discharge an employee solely because the employee or an immediate family member of the employee is under an order of isolation or quarantine. The violation of this section is punishable as a violation of K.S.A. 65-129, and amendments thereto.
History:
L. 2005, ch. 122, § 4; April 21.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-129e Tuberculosis evaluation requirements for certain students; rules and regulations; evaluation criteria; treatment and monitoring of infected persons.

65-129e.
Tuberculosis evaluation requirements for certain students; rules and regulations; evaluation criteria; treatment and monitoring of infected persons.
(a) The secretary of health and environment is hereby authorized and directed to adopt rules and regulations establishing tuberculosis evaluation requirements for certain students entering classrooms of a postsecondary educational institution in Kansas who are considered as high risk for tuberculosis as defined by the department of health and environment. These rules and regulations shall establish evaluation criteria in compliance with best practice standards as recommended by the division of tuberculosis elimination of the centers for disease control and prevention.
(b) Each postsecondary educational institution shall develop and implement tuberculosis evaluation requirements with assistance of the department of health and environment. Each postsecondary educational institution shall designate a person who is responsible for the oversight and implementation of the requirements. Such person shall maintain the record for at least five years and the department of health and environment shall have the right to review and inspect the records upon request. Such person shall report immediately the positive findings of tuberculosis infection or disease to the department of health and environment.
(c) Each student entering classrooms of a postsecondary educational institution in Kansas shall comply with the tuberculosis evaluation requirements implemented by such institution where the student is enrolled by providing requested information in accordance with a screening and evaluation through an enrollment process. Any student who is not in compliance with the requirements shall not be attending classes or eligible to enroll for a subsequent semester or term or to obtain an official academic transcript or diploma until the student is compliant with the requirements.
(d) Nothing in this section and K.S.A. 65-129f, and amendments thereto, shall be construed as applying to individuals who are not attending the classes regularly but participating in the continuing education programs or any other seminar or function at the postsecondary educational institution.
(e) "Postsecondary educational institution" used in this section and K.S.A. 65-129f, and amendments thereto, means any public or private university, municipal university, community college or technical college.
(f) All costs associated with the evaluation requirements of the prevention and control plan shall be the responsibility of the student.
(g) Any person found to be infected with tuberculosis infection or tuberculosis disease will be provided treatment and ongoing monitoring in accordance with K.S.A. 65-116a to 65-116m, inclusive, and amendments thereto.
History:
L. 2005, ch. 122, § 5; L. 2010, ch. 118, § 3; April 29.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-129f Tuberculosis prevention and control for certain students; rules and regulations; prevention and control plan.

65-129f.
Tuberculosis prevention and control for certain students; rules and regulations; prevention and control plan.
(a) The secretary of health and environment is hereby authorized and directed to adopt rules and regulations establishing guidelines for a tuberculosis prevention and control plan for any postsecondary educational institution. The tuberculosis prevention and control plan shall be designed to reduce the risk of tuberculosis transmission and shall be based on the recommendations by the American thoracic society, the centers for disease control and prevention and the infectious diseases society of America. These rules and regulations shall be in compliance with the best practice standards as recommended by the division of tuberculosis elimination of the centers for disease control and prevention.
(b) Each postsecondary educational institution shall develop and implement a tuberculosis prevention and control plan with assistance of the department of health and environment. Each postsecondary educational institution shall designate a person who is responsible for the oversight and implementation of the plan. Such person shall maintain the records created or collected in accordance with this section for at least five years and allow the department of health and environment to review and inspect the records upon request.
History:
L. 2010, ch. 118, § 2; April 29.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-153 Child hygiene; duties of division of public health.

65-153. Child hygiene; duties of division of public health.
The general duties of the division of public health of the department of health and environment shall include the issuance of educational literature on the care of the baby and the hygiene of the child, the study of the causes of infant mortality and the application of preventive measures for the prevention and the suppression of the diseases of infancy and early childhood.
History:
L. 1915, ch. 269, § 2; R.S. 1923, 65-153; L. 1974, ch. 352, § 13; L. 2013, ch. 59, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-153b Newly born infant; treatment of eyes.

65-153b.
Newly born infant; treatment of eyes.
Any physician or any person authorized by law to act as an obstetrician shall immediately upon the birth of an infant instill into the eyes of such newly born infant a prophylactic solution approved by the secretary of health and environment: Provided, however, That any person or parent shall not be required to employ such prophylactic if objection is made by written statement to the attending obstetrician within three days from the birth of said child: And provided further, That said written statement shall be attached to the birth certificate.
History: L. 1929, ch. 218, § 2; L. 1974, ch. 352, § 14; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-153c Same; duty of physician and others.

65-153c.
Same; duty of physician and others.
Any physician or any person authorized by law to act as an obstetrician in this state or any other person having the care of an infant, within six (6) months after its birth, who shall detect any inflammation, swelling or redness in the eyes of any such infant or any unnatural discharge therefrom, shall, if such person is licensed to practice medicine and surgery, treat such child with the necessary prophylactic, or, if such person is not licensed to practice medicine and surgery, shall immediately report the condition and the location of such infant to the county or joint board of health.
History:
L. 1929, ch. 218, § 2; L. 1980, ch. 182, § 20; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-153d Same; rules and regulations.

65-153d.
Same; rules and regulations.
It shall be the duty of the secretary of health and environment to make the necessary regulations for the enforcement of this act.
History: L. 1929, ch. 218, § 3; L. 1974, ch. 352, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-153e Same; penalty for violating K.S.A. 65-153b through 65-153e.

65-153e.
Same; penalty for violating K.S.A. 65-153b through 65-153e.
Any person who shall willfully violate any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred ($500) dollars or by confinement in the county jail for six (6) months.
History:
L. 1929, ch. 218, § 4; May 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-153f Prenatal serological tests for syphilis and hepatitis b; approved laboratories; laboratory reports, confidentiality.

65-153f.
Prenatal serological tests for syphilis and hepatitis b; approved laboratories; laboratory reports, confidentiality.
Each physician or other person attending a pregnant woman in this state during gestation, with the consent of such woman, shall take or cause to be taken a sample of blood of such woman within 14 days after diagnosis of pregnancy is made. Such sample shall be submitted for serological tests which meet the standards recognized by the United States public health service for the detection of syphilis and hepatitis b to a laboratory approved by the secretary of health and environment for such serological tests. Any state, United States public health service, or United States army, navy or air force laboratory or any laboratory approved by the state health agency of the state in which the laboratory is operated shall be considered approved for the purposes of this act. Any laboratory in this state, performing the tests required by this section shall make a report to the secretary of health and environment of all positive or reactive tests on forms provided by the secretary of health and environment and also shall make a report of the test results to the submitting physician or person attending the woman. Laboratory statements, reports, files and records prepared pursuant to this section shall be confidential and shall not be divulged to or open to inspection by any person other than state or local health officers or their duly authorized representatives, except by written consent of the woman.
History:
L. 1943, ch. 225, § 1; L. 1974, ch. 352, § 16; L. 1981, ch. 241, § 1; L. 1991, ch. 178, § 1; L. 1995, ch. 260, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-153g Same; how reported.

65-153g.
Same; how reported.
In reporting every birth and stillbirth, physicians and others permitted to attend pregnancy cases and required to report births and stillbirths shall state on a separate sheet accompanying the birth certificate or stillbirth certificate, as the case may be, whether a blood test for syphilis has been made during such pregnancy upon a specimen of blood taken from the woman who bore the child for which a birth or stillbirth certificate is filed, and if made the date when such test was made, and if not made, the reason why such test was not made. Neither the fact that such a test was or was not made or was or was not required by law nor the result of any such test shall appear upon the birth certificate or be certified to any person for any purpose.
History:
L. 1943, ch. 225, § 2; June 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-153h Same; misdemeanor.

65-153h.
Same; misdemeanor.
Any person willfully violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than ten dollars nor more than one hundred dollars.
History:
L. 1943, ch. 225, § 3; June 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-156 Regulations and fees.

65-156.
Regulations and fees.
The secretary of health and environment shall make rules and regulations for the collection of samples and analysis of water, either natural or treated, furnished by municipalities, corporations, companies or individuals to the public, and shall fix the fees for any services rendered under said rules and regulations to cover the cost of the services.
History:
L. 1915, ch. 327, § 1; R.S. 1923, 65-156; L. 1974, ch. 352, § 17; L. 1975, ch. 312, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-157 Same; analysis by office of laboratory services; disposition of fees.

65-157. Same; analysis by office of laboratory services; disposition of fees.
The analysis of all waters required in the rules and regulations shall be made by the office of laboratory services of the department of health and environment and the fees collected under the provisions of this act by the secretary of health and environment shall be remitted by the secretary 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 office of laboratory services operating fund.
History:
L. 1915, ch. 327, § 2; R.S. 1923, 65-157; L. 1974, ch. 352, § 18; L. 1975, ch. 312, § 2; L. 2001, ch. 5, § 209; L. 2013, ch. 112, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-159 Abatement of nuisances; failure to remove, penalties.

65-159.
Abatement of nuisances; failure to remove, penalties.
The secretary of health and environment and the county or joint boards of health shall have the power and authority to examine into all nuisances, sources of filth and causes of sickness that in their opinion may be injurious to the health of the inhabitants within any county or municipality in this state. Whenever any such nuisance, source of filth or cause of sickness shall be found to exist on any private property or upon any watercourse in this state, the secretary of health and environment or county or joint boards of health shall have the power and authority to order, in writing, the owner or occupant thereof at his or her own expense to remove the nuisance, source of filth or cause of sickness within twenty-four (24) hours, or within such reasonable time thereafter as such secretary or such county or joint board may order; and if the owner or occupant shall fail to obey such order, such owner or occupant upon conviction shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100), and each day's continuance of such nuisance, source of filth or cause of sickness, after the owner or occupant thereof shall have been notified to remove the nuisance, source of filth or cause of sickness, shall be a separate offense.
History: L. 1907, ch. 383, § 1; R.S. 1923, 65-159; L. 1974, ch. 352, § 20; L. 1980, ch. 182, § 21; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-160 Same; duty of county attorney.

65-160.
Same; duty of county attorney.
It shall be the duty of the county attorney of each county to prosecute any person who shall violate the provisions of this chapter.
History: L. 1907, ch. 383, § 2; March 4; R.S. 1923, 65-160.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-161 Definitions.

65-161.
Definitions.
As used in this act:
(a) "Waters of the state" means all streams and springs, and all bodies of surface and subsurface waters within the boundaries of the state;
(b) "discharge" means, when used without qualification, the causing or permitting of sewage to enter, either directly or indirectly, into waters of the state;
(c) "indirect discharge" means the introduction of pollutants into a publicly owned treatment works from any nondomestic source; and
(d) "direct discharge" means the discharge of sewage into waters of the state.
History: L. 1907, ch. 382, § 1; R.S. 1923, 65-161; L. 1973, ch. 241, § 1; L. 1984, ch. 221, § 1; April 19.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-162a Public water supply systems; definitions.

65-162a.
Public water supply systems; definitions.
As used in K.S.A. 65-163 and 65-163a, and in K.S.A. 65-171m to 65-171t, inclusive, unless the context clearly requires otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section:
(a) "Person" means an individual, corporation, company, association, partnership, state, municipality or federal agency.
(b) "Public water supply system" means a system for the provision to the public of piped water for human consumption, if such system has at least ten (10) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such term includes any source, treatment, storage or distribution facilities under control of the operator of the system and used primarily in connection with the system, and any source, treatment, storage or distribution facilities not under such control but which are used in connection with such system.
(c) "Secretary" means the secretary of health and environment.
(d) "Supplier of water" means any person who owns or operates a public water supply system.
History: L. 1977, ch. 212, § 1; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163a Same; cessation of water delivery, when; order by secretary, judicial review.

65-163a.
Same; cessation of water delivery, when; order by secretary, judicial review.
(a) Any supplier of water may refuse to deliver water through pipes and mains to any premises where a condition exists which might lead to the contamination of the public water supply system and may continue to refuse the delivery of water to the premises until the condition is remedied.
(b) The secretary may order a supplier of water: (1) To cease the delivery of water through pipes and mains to a premise or premises where a condition exists which might lead to the contamination of the public water supply system; or (2) to cease an activity which would result in a violation of the state primary drinking water standards; or (3) to cease an activity which results in a continuing violation of the state primary drinking water standards; or (4) to comply with any combination of these orders. The supplier of water shall immediately comply with an order issued by the secretary under this section.
(c) Orders of the secretary under this section, and hearings thereon, shall be subject to the provisions of the Kansas administrative procedure act. Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act. The court on review shall hear the appeal without delay.
History:
L. 1943, ch. 219, § 2; L. 1974, ch. 352, § 23; L. 1977, ch. 212, § 3; L. 1986, ch. 318, § 83; L. 2004, ch. 145, § 18; L. 2010, ch. 17, § 111; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163c Same; public water supply fee fund; authorized expenditures; interest transferred from state general fund.

65-163c.
Same; public water supply fee fund; authorized expenditures; interest transferred from state general fund.
(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 (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 expenditures 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.
History:
L. 1992, ch. 188, § 2; L. 1996, ch. 253, § 10; L. 1996, ch. 253, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163d Public water supply project loan program; definitions.

65-163d. Public water supply project loan program; definitions.
As used in K.S.A. 65-163d through 65-163u, and amendments thereto:
(a) "Fund" means the public water supply loan fund established by K.S.A. 65-163e, and amendments thereto.
(b) "Municipality" means: (1) Any political or taxing subdivision authorized by law to construct, operate and maintain a public water supply system, including water districts; (2) two or more such subdivisions jointly constructing, operating or maintaining a public water supply system; or (3) the Kansas rural water finance authority.
(c) "Project" means any acquisition, construction, reconstruction, improvement, equipping, rehabilitation or extension of all or any part of a public water supply system.
(d) "Project costs" means all costs or expenses which are necessary or incident to a project and which are directly attributable thereto.
(e) "Public water supply system" has the meaning provided by K.S.A. 65-162a, and amendments thereto.
(f) "Secretary" means the secretary of health and environment.
History:
L. 1994, ch. 349, § 1; L. 1996, ch. 160, § 3; L. 1997, ch. 188, § 1; L. 2022, ch. 5, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163e Same; public water supply loan fund established; sources of revenue; purposes for disbursements therefrom.

65-163e.
Same; public water supply loan fund established; sources of revenue; purposes for disbursements therefrom.
(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 legislature for the purposes of the fund;
(3) proceeds derived from the sale of bonds issued under K.S.A. 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 entered 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 purposes 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 project costs;
(2) as a source of revenue or security for the payment of principal and interest on bonds issued under K.S.A. 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) as a source of revenue or security for the payment of principal and interest on bonds issued by the Kansas development finance authority pursuant to the provisions of K.S.A. 65-3321 through 65-3329, and amendments thereto;
(4) to earn interest on moneys in the fund; and
(5) for the reasonable costs, as determined by the secretary, of administering 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. 65-163h, 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 public water supply loan fund interest earnings based on:
(1) The average daily balance of moneys in the public water supply loan fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio 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 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.
History:
L. 1994, ch. 349, § 2; L. 1996, ch. 253, § 12; L. 2006, ch. 100, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163f Same; authority and duties of the secretary of health and environment; rules and regulations.

65-163f.
Same; authority and duties of the secretary of health and environment; rules and regulations.
The secretary shall administer the provisions of this act and shall be responsible for administration and management of the fund. The secretary is hereby authorized to:
(a) Enter into binding commitments for the provision of loans in accordance with the provisions of this act;
(b) review applications of municipalities for loans and select the projects for which loans will be made available;
(c) provide the governor and the legislature with an annual report prepared in accordance with K.S.A. 65-163k and with copies of the audit required under K.S.A. 65-163e; and
(d) adopt rules and regulations necessary for effectuation of the provisions of this act.
History:
L. 1994, ch. 349, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163g Same; project priority system development; priority list preparation, considerations.

65-163g.
Same; project priority system development; priority list preparation, considerations.
(a) The secretary shall develop a priority system for projects, establish ranking criteria therefor, review applications of municipalities for loans and prepare an annual project priority list. The priority list shall include a description of each project; the purpose, cost and schedule therefor; and the municipality applying for the loan. After preparation of the priority list, the secretary shall select from such list the projects for which loans will be made available.
(b) In performing the functions and duties required by subsection (a), the secretary shall:
(1) Exclude from the priority list any project of a municipality which has not adopted and implemented conservation plans and practices that are consistent with the guidelines developed and maintained by the Kansas water office pursuant to K.S.A. 74-2608 and amendments thereto;
(2) in consultation with the Kansas water office, encourage regional cooperative public water supply projects in accordance with the public water supply regionalization strategy of the state water plan; and
(3) ensure that a fair proportion, at least but not limited to 20%, of the total dollar amount of loans to be made available from the fund in each year will be made available for projects of municipalities having populations of 5,000 or less, except that, if such municipalities are unable to utilize the total amount made available under this subsection, the secretary is authorized to make the unused amount available for other projects on the priority list.
History:
L. 1994, ch. 349, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163h Same; intended use plan for available moneys.

65-163h.
Same; intended use plan for available moneys.
After providing for public comment and review each year, the secretary shall prepare a plan identifying the intended uses of the moneys available in the fund. The intended use plan shall include, but not be limited to:
(a) The project priority list;
(b) a description of the short- and long-term goals and objectives of the fund;
(c) information on the projects to be financed, including a description thereof, the terms of loans to be provided and the municipalities receiving the loans; and
(d) the criteria and method established for the provision of loans to be made from the fund.
History:
L. 1994, ch. 349, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163i Same; applications for loans; loan agreements, provisions; provision of technical assistance by secretary.

65-163i. Same; applications for loans; loan agreements, provisions; provision of technical assistance by secretary.
(a) Municipalities that desire the provision of a loan under this act shall submit an application therefor to the secretary. Applications shall be in such form and shall include such information as the secretary shall require and shall be submitted in a manner and at a time to be determined by the secretary.
(b) The secretary may enter into agreements with any municipality for the provision of a loan thereto for payment of all or a part of project costs and any municipality may enter into such an agreement and may accept such loan when so authorized by the municipal governing body. The purposes of the loan to be provided, the amount thereof, the interest rate thereon and the repayment terms and conditions thereof, all of which may vary among municipalities, shall be included in the agreements. Loans shall be provided at or below market interest rates. All such agreements with municipalities shall require that municipalities establish a dedicated source of revenue for repayment of the loans as provided in K.S.A. 65-163j, and amendments thereto. Such agreements shall further provide that repayment of any loan received shall begin not later than one year after completion of the project and that such loan shall be repaid in full no later than 40 years thereafter.
(c) If a municipality to which a loan is made available under this act fails to enter into an agreement with the secretary for the provision of such loan in accordance with the requirements of this act, the secretary may make the amount of the loan available for one or more other projects on the priority list.
(d) The secretary shall provide any municipality, upon request, with technical advice and assistance regarding a project or an application for a loan for the payment of all or part of project costs.
History:
L. 1994, ch. 349, § 6; L. 2019, ch. 38, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163j Same; loan repayment sources of municipalities; imposition of charges by secretary; remedy for failure to repay project loans; maintenance of project accounts.

65-163j.
Same; loan repayment sources of municipalities; imposition of charges by secretary; remedy for failure to repay project loans; maintenance of project accounts.
(a) The dedicated source of revenue for repayment of a loan to a municipality may include service charges, connection fees, special assessments, property taxes, grants or any other source of revenue lawfully available to the municipality for such purpose. In order to ensure repayment by municipalities of the amounts of loans provided under this act, the secretary, after consultation with the governing body of any municipality which receives a loan, may adopt charges to be levied against individuals and entities served by the project. Any such charges shall remain in effect until the total amount of the loan, and any interest thereon, has been repaid. The charges shall, insofar as is practicable, be equitably assessed and may be in the form of a surcharge to the existing charges of the municipality. The governing body of any municipality which receives a loan under this act shall collect any charges established by the secretary and shall pay the moneys collected therefrom to the secretary in accordance with procedures established by the secretary.
(b) Upon the failure of a municipality to meet the repayment terms and conditions of the agreement, the secretary may order the treasurer of the county in which the municipality is located to pay to the secretary such portion of the municipality's share of the local ad valorem tax reduction fund as may be necessary to meet the terms of the agreement, notwithstanding the provisions of K.S.A. 79-2960 and 79-2961, and amendments thereto. Upon the issuance of such an order, the municipality shall not be required to make the tax levy reductions otherwise required by K.S.A. 79-2960 and 79-2961, and amendments thereto.
(c) Municipalities which are provided with loans under this act shall maintain project accounts in accordance with generally accepted government accounting standards.
(d) Any loans received by a municipality under the provisions of this act shall be construed to be bonds for the purposes of K.S.A. 10-1116 and 79-5028, and amendments thereto, and the amount of such loans shall not be included within any limitation on the bonded indebtedness of the municipality.
History:
L. 1994, ch. 349, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163k Same; annual reports.

65-163k.
Same; annual reports.
The secretary shall prepare an annual report describing how the state has met the goals and objectives for the previous year as identified in the intended use plan prepared pursuant to K.S.A. 65-163h.
History:
L. 1994, ch. 349, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163l Same; authority to issue bonds.

65-163l
.
Same; authority to issue bonds.
(a) For the purpose of making loans under this act, the secretary may either: (1) Issue revenue bonds; or (2) enter into agreements with the Kansas development finance authority to issue revenue bonds. Such bonds may be sold at public sale or by a negotiated underwriting.
(b) The activities of the secretary in administering and performing the powers, duties and functions prescribed by the provisions of this act from the proceeds of bonds issued for such purpose by the Kansas development finance authority are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the issuance of such bonds by the Kansas development finance authority in accordance with that statute. The provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto.
History:
L. 1994, ch. 349, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163m Same; bond resolutions, contents; authorities of secretary relating to issuance of bonds.

65-163m.
Same; bond resolutions, contents; authorities of secretary relating to issuance of bonds.
(a) Prior to the issuance of the revenue bonds under this act, a resolution or resolutions shall be adopted which, unless otherwise provided therein, shall take effect immediately and:
(1) Determine an interest rate or rates to be paid on the principal of the revenue bonds not in excess of the maximum rate of interest prescribed by K.S.A. 10-1009 and amendments thereto;
(2) determine that the revenue bonds will be term or serial bonds or any combination thereof maturing not later than 40 years from the date of issuance;
(3) make provision for prompt payment of the principal of and interest on the revenue bonds as they become due, to maintain any required reserves and to provide for any deficits resulting from failure to receive sums payable for the principle of or interest on loans made under this act or resulting from any other cause;
(4) sell the revenue bonds in the manner provided by K.S.A. 10-106 and amendments thereto, at a price of not less than 90% of the par value thereof; and
(5) register the revenue bonds with the state treasurer.
(b) Prior to the issuance of the revenue bonds, the secretary may:
(1) Pledge to the payment of the principal of and interest on the revenue bonds amounts received for payment of the principal of and interest on loans made under this act and any other amounts received for the purpose of payment of the principal of and interest on the revenue bonds;
(2) create and maintain (A) revenue bond funds adequate to promptly pay both the principal of and interest on the revenue bonds when they become due and (B) a reasonable reserve fund; and
(3) covenant or contract with respect to any and all matters consistent with the authority granted herein necessary and convenient in the determination of the secretary to sell the revenue bonds and obtain the most favorable interest rate thereon, including, but not limited to, maturities, priority of liens, number of issuances, special funds for security, redemption privileges, investments of the proceeds of the revenue bonds and any other funds pledged to the payment thereof or held as security therefor, security agreements, trust indentures, paying agencies, registration provisions and conversion privileges.
History:
L. 1994, ch. 349, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163n Same; bonds issued not state indebtedness; enforcibility of contracts, agreements and covenants.

65-163n.
Same; bonds issued not state indebtedness; enforcibility of contracts, agreements and covenants.
(a) Revenue bonds issued under this act, including refunding revenue bonds authorized hereunder, shall be special obligations in accordance with their terms and shall not constitute an indebtedness of the state of Kansas or the department, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(b) All contracts, agreements and covenants contained in the resolution authorizing the issuance of revenue bonds shall be binding in all respects upon the department of health and environment and its officials, agents, employees and successors. Such agreements, contracts and covenants shall be enforceable by appropriate legal action brought pursuant to the terms of the resolution authorizing the issuance of revenue bonds.
History:
L. 1994, ch. 349, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163o Same; issuance of refunding bonds.

65-163o.
Same; issuance of refunding bonds.
Revenue bonds may be issued for the purpose of refunding revenue bonds issued under this act.
History:
L. 1994, ch. 349, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163p Same; disposition of revenue derived from bond sales.

65-163p.
Same; disposition of revenue derived from bond sales.
The proceeds derived from the sale of all revenue bonds issued under this act shall be deposited in the state treasury and credited to the fund.
History:
L. 1994, ch. 349, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163q Same; income from bonds exempt from taxation.

65-163q.
Same; income from bonds exempt from taxation.
The revenue bonds issued under this act and any refunding revenue bonds authorized to be issued under this act, and the income derived therefrom, are and shall be exempt from all state, county and municipal taxation in the state of Kansas.
History:
L. 1994, ch. 349, § 14; L. 2010, ch. 44, § 28; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163r Same; bonds deemed legal and proper securities for investment by governmental entities.

65-163r.
Same; bonds deemed legal and proper securities for investment by governmental entities.
Revenue bonds issued under this act shall be proper and legal investment securities for any investment funds of the state of Kansas or any department, agency or institution thereof, or any county, municipal or other public corporation or political subdivision created pursuant to the laws of the state of Kansas. Revenue bonds issued under this act are hereby deemed and approved as collateral security for the deposit of any and all funds and for the investment of all trust funds under the jurisdiction of the laws of the state of Kansas.
History:
L. 1994, ch. 349, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163s Same; powers supplemental to other powers of the secretary; severability.

65-163s.
Same; powers supplemental to other powers of the secretary; severability.
(a) This act constitutes full and complete authority for the purposes set out in this act, and no procedure or proceedings other than those required by this act shall be necessary for the performance of the provisions thereof. The powers conferred by this act shall be in addition and supplemental to and not in substitution for, and the limitations imposed by this act shall not affect, the powers conferred on the secretary by any other law.
(b) The provisions of this act are severable, and if any provision, section, subsection, sentence, clause or phrase of this act, including, but not limited to, the provisions relating to any of the sources of revenues for payment of bonds authorized pursuant to this act are for any reason held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each provision, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more of the same are declared invalid.
History:
L. 1994, ch. 349, § 16; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-163t Same; publication of notice of bond issuance, contents; actions to contest, timing.

65-163t.
Same; publication of notice of bond issuance, contents; actions to contest, timing.
Prior to the issuance of any revenue bonds under this act and after the adoption of a resolution authorizing any revenue bonds under this act, the secretary shall cause to be published once in the Kansas register a notice to all persons interested that the revenue bonds will be issued under this act. The notice shall state the amount or maximum amount of revenue bonds to be issued pursuant to such resolution, together with a brief statement of the purposes for which the proceeds are to be used, and further, that unless an action to contest the legality of the proposed revenue bonds is filed in a court of law within 30 days from the date of such publication, the right to contest the legality of any revenue bonds issued in compliance with the proceedings taken by the secretary prior to the date of such publication and the right to contest the validity of the provisions of such proceedings shall cease to exist and no court shall thereafter have authority to inquire into such matters. After the expiration of the 30 days, no one shall have any right to commence an action contesting the validity of such revenue bonds or the provisions of such proceedings and all revenue bonds shall be conclusively presumed to be legal, and no court shall thereafter have authority to inquire into such matters.
History:
L. 1994, ch. 349, § 17; July 1.