65-7012. Chemical control fund; revenues; expenditures.

65-7012

Chapter 65.--PUBLIC HEALTH
Article 70.--CHEMICAL CONTROL

      65-7012.   Chemical control fund; revenues;expenditures.(a) There is established a fund in the treasury entitled thechemicalcontrol fund.

      (b)   Revenues from the following sources shall be deposited in the statetreasury andcredited to the fund: (1) Moneys received by the secretary in the form ofgrants, gifts, bequests,reimbursements, or appropriations from any source intended to be used for thepurposes of thefund;

      (2)   interest attributable to the investment of moneys in the fund; and

      (3)   moneys collected under K.S.A. 65-7010 and65-7011 and amendments thereto.

      (c)   Moneys in the chemical control fund can only be expended directly orthroughcontracts for the costs of: (1) Administration and enforcement of theprovisions of this act;

      (2)   contracting for services needed to supplement the department's staff inalleged illegaldrug manufacturing site clean ups;

      (3)   consultation needed concerning alleged illegal drug manufacturing siteclean ups;

      (4)   activities to address immediate or emergency threats to human health ortheenvironment related to alleged illegal drug manufacturing sites; and

      (5)   development of educational materials and programs for informing theregulatedcommunity and the public about illegal drug manufacturing issues.

      (d)   On or before the 10th of each month following the month inwhich moneys aredeposited into the chemical control fund, and thereafter on or before the10th of each month, thedirector of accounts and reports shall transfer from the state general fund tothe chemical controlfund interest earnings based upon: (1) The average daily balance of moneys inthe chemical control fund for thepreceding month; and

      (2)   the net earnings rate of the pooled money investment portfolio for theprecedingmonth.

      (e)   All expenditures from the fund shall be made in accordance withappropriation actsupon warrants of the director of accounts and reports issued pursuant tovouchers approved bythe secretary for the purposes set forth in this section.

      (f)   Moneys from the fund shall not supplant any other local, state orfederalfunds unlessthe secretary finds that it is in the best interests of the state to supplantsuch other funds and tomake expenditures from the fund in a more timely manner to investigate or cleanup chemicals,chemical-contaminated materials, soil or groundwater resulting from an allegedillegal drugmanufacturing site or an arrest made pursuant to the Kansas chemical controlact, to conduct anyother clean up action necessary at an alleged illegal drug manufacturing site,or to abate anyimminent and substantial danger to public health or safety or to theenvironment related to arelease from an illegal drug manufacturing site.

      History:   L. 1999, ch. 170, § 18;L. 2001, ch. 156, § 1; July 1.