65-34,146. Trust fund; establishment; credits; expenditures.

65-34,146

Chapter 65.--PUBLIC HEALTH
Article 34.--SOLID AND HAZARDOUS WASTE

      65-34,146.   Trust fund; establishment; credits;expenditures.(a) There is hereby established in the state treasury the drycleaning facilityrelease trust fund. The fund shall be administered by the secretary.Moneysfrom the following sources shall be remitted to the statetreasurer, inaccordance with the provisions of K.S.A. 75-4215, and amendments thereto. Uponreceipt of each such remittance, the state treasurer shall deposit the entireamount in the state treasury to the credit of the fund:

      (1)   Any proceeds from the taxes and fees imposed by this act;

      (2)   any interest attributable to investment of moneys in the drycleaningfacility release trust fund;

      (3)   moneys recovered by the state under the provisions ofthis act,including any moneys paid under an agreement with the secretary or as civilpenalties; and

      (4)   moneys received by the secretary in the form of gifts,grants,reimbursements or appropriations from any source intended to be used for thepurposes of this act.

      (b)   Moneys in the fundmay be expended for only the following purposes and for no other governmentalpurpose:

      (1)   The direct costs of administration and enforcement of this act; and

      (2)   the costs of corrective action as provided in K.S.A. 65-34,148, andamendments thereto.

      (c)   It is the intent of the legislature that the fundshall remain intact and inviolate for the purposes set forth in this act, andmoneys in the fund shall not be subject to the provisions of K.S.A. 75-3722,75-3725a and 75-3726a, and amendments thereto.

      (d)   On or before the 10th day of each month, the director of accounts andreports shall transfer from the state general fund to the drycleaning facilityrelease trust fund interest earnings based on:(1) The average daily balance of moneys in the drycleaning facility releasetrust fund for the preceding month; and (2) the net earnings rate for thepooled money investment portfolio for the preceding month.

      (e)   All expenditures from the drycleaning facility release trust fund shallbe made in accordance withappropriation acts upon warrants of the director of the accounts and reportsissued pursuant to vouchers approved by the secretary for the purposes setforth in this section.

      History:   L. 1995, ch. 162, § 7;L. 1998, ch. 123, § 2;L. 1999, ch. 102, § 2;L. 2001, ch. 5, § 251; July 1.