65-5703. State emergency response commission created; membership; terms; compensation and expenses; duties.

65-5703

Chapter 65.--PUBLIC HEALTH
Article 57.--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

      65-5703.   State emergency response commissioncreated; membership;terms; compensation and expenses; duties.(a) There is hereby created the state emergency response commission for thepurpose of carrying out all requirements of the federal act and for the purposeof providing assistance in the coordination of state agency activities relatingto: (1) Chemical emergency training, preparedness, and response; and (2)chemical release reporting and prevention, transportation, manufacture,storage, handling, and use.

      (b)   The commission shall consist of: (1) The following state officers ortheir appointed designees: The lieutenant governor, the secretary of wildlifeand parks, the secretary of labor, the secretaryof agriculture, the secretary of health and environment, the adjutantgeneral,the superintendent of the Kansas highway patrol, the state fire marshal,the secretary of transportation, the attorney general, the chairperson of thestate corporation commission, and the governor; (2) three members appointed bythe governor to represent the general public; and (3) two members appointed bythe governor to represent owners and operators of facilities regulated pursuantto this act.

      (c)   Members of the commission appointed by the governor shall serve forterms of two years. Any vacancy in the office of an appointed member of thecommission shall be filled for the unexpired term by appointment by thegovernor.

      (d)   A chairperson shall be elected annually by the members of thecommission. A vice-chairperson shall be designated by the chairperson toserve in the absence of the chairperson.

      (e)   Members of the commission attending meetings of such board, orattending a subcommittee meeting thereof authorized by such board, shall bepaid compensation, subsistence allowances, mileage and other expenses asprovided in K.S.A. 75-3223 and amendments thereto.

      (f)   The commission shall perform such duties as are specified in the federalact to be performed by such commissions and, in addition thereto, such dutiesas are specified in the laws of this state or as are deemed necessary andappropriate by the commission to achieving its purposes. In accordance withthe requirements of the federal act, the commission shall establish localplanning districts, subject to approval by the secretary of health andenvironment and the adjutant general, and shall appoint a local planningcommittee for each such district. Local planning committees shall perform suchduties as are specified in the federal act to be performed by such committees,and in addition thereto, such duties as are assigned by the commission or byany member of the commission acting on behalf of or at the direction of thecommission, or as are deemed necessary and appropriate by each such committeeto achieving its purposes. The duties of the commission and the local planningcommittees shall be performed in accordance with rules and regulations adoptedpursuant to this act.

      History:   L. 1987, ch. 231, § 3; L. 1991, ch. 202, § 1;L. 2004, ch. 179, § 91;L. 2005, ch. 186, § 17; May 12.