48-942. Costs of emergency management plans and programs; fees. (a) Persons engaged in the production of electricity through the utilization of nuclear energy at a nuclear facility shall pay fees to the adjutant general to cover the costs incurred by state and local government agencies in establishing and maintaining appropriate emergency management plans and programs for an accident at a nuclear facility, including the costs of administering this act.
(b) Fees collected under the provisions of this act shall be used exclusively to fund those state and local government activities approved as necessary by the adjutant general to develop, maintain and implement appropriate plans and programs necessary for management for an accident at a nuclear facility and for administration of this act.
(c) State agencies and local governments of Kansas incurring expenses attributable to developing and maintaining plans and programs to meet responsibilities in the event of an accident at a nuclear facility may apply to the adjutant general for payment for those expenses. Upon approval by the adjutant general of emergency management budgets submitted by state and local government agencies therefor, the adjutant general shall pay or reimburse such expenses or may disburse moneys in advance of such expenses from fees collected pursuant to this act.
(d) The adjutant general shall remit all moneys received from fees fixed and collected pursuant to this act 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 nuclear safety emergency management fee fund which is hereby established in the state treasury. The adjutant general shall administer the nuclear safety emergency management fee fund. All expenditures from the nuclear safety emergency management fee fund shall be in accordance with the provisions of appropriation acts. All moneys in the nuclear safety emergency preparedness fee fund and all liabilities of such fund on the day preceding the effective date of this act shall be transferred to the nuclear safety emergency management fee fund. The nuclear safety emergency preparedness fee fund is hereby abolished.
(e) When the total of all fees collected under this act during any fiscal year exceeds the total expenditures from the nuclear safety emergency management fee fund under this act from appropriations for that fiscal year, the amount of receipts that exceeds such expenditures shall be credited to the persons who were assessed such fees for that fiscal year, and such amount shall be credited against the fees to be collected under this act for the ensuing fiscal year. Each such person shall receive as a credit that amount of the excess which corresponds proportionately to the amount of fees the person paid with respect to all fees collected under this act in the fiscal year that produced the excess.
History: L. 1993, ch. 113, § 3; L. 1994, ch. 248, § 24; L. 2001, ch. 5, § 179; July 1.
Structure Kansas Statutes
Chapter 48 - Militia, Defense And Public Safety
Article 9 - Emergency Preparedness For Disasters
48-905a Division of emergency management, establishment.
48-907 Powers and duties of adjutant general.
48-911 Mobile support units; duties of adjutant general.
48-912 Investigations and surveys; testimony and evidence; fees and mileage of witnesses.
48-916 Authority to accept services, gifts, grants and loans.
48-917 Persons ineligible for employment.
48-919 Employees, division of emergency management; expenses.
48-923 Limitations on effect of act.
48-926 State disaster emergency plan; rules and regulations.
48-927 State resources management plan.
48-928 Duties of division of emergency management.
48-934 Duties and immunities of law enforcement, military and other authorized personnel.
48-935 Force and effect of municipal ordinances during disaster emergencies.
48-936 Immunity from liability for persons in control of certain premises.
48-937 Communications systems during disasters; recommendations to governor.
48-942 Costs of emergency management plans and programs; fees.
48-943 Rules and regulations; personnel.
48-948 Citation of act; purpose.
48-950 Kansas mutual aid system; participation by political subdivisions.
48-951 Responsibilities of participating political subdivisions.
48-952 Requests for assistance among participating political subdivisions.
48-953 Obligation of participating political subdivisions to provide assistance; conditions.
48-955 Guidelines and procedures.
48-956 Personnel of participating political subdivision; benefits.
48-957 Nature of activities governmental; liability.
48-960 Division of emergency management authorized to accept certain real property in Saline county.
48-967 Severability; act concerning governmental response to the 2020 COVID-19 pandemic in Kansas.
48-968 Severability; governmental response to certain emergencies.