SENATE BILL No. 384
AN ACT concerning counties; creating the Riley county unincorporated area nuisance
abatement act and the Crawford county unincorporated area nuisance abatement act;
establishing procedures for the removal and abatement of nuisances; providing for
the assessment of costs of such abatement; relating to emergency medical services;
staffing of ambulances; authorizing the emergency medical services board to grant
certain permanent variances from rules and regulations; permitting ambulances to
operate with one certified emergency medical services provider in rural counties;
amending K.S.A. 2023 Supp. 65-6111 and 65-6135 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The provisions of sections 1 through 6, and
amendments thereto, shall be known and may be cited as the Riley
county unincorporated area nuisance abatement act.
(b) Before any nuisance abatement process shall be commenced
under the Riley county unincorporated area nuisance abatement act,
Riley county first shall have obtained a conviction for a county code
violation resulting from such nuisance within the 12-month period prior
to the issuance of any order as provided in section 2, and amendments
thereto.
(c) (1) The board of county commissioners may order the removal
or abatement of any nuisance from any lot or parcel of ground within
the unincorporated area of the county. The board may order the repair
or demolition of any structure or the removal or abatement of any other
type of nuisance.
(2) The order shall provide that all costs associated with the
abatement shall be paid by the owner of the property on which the
nuisance is located.
New Sec. 2. (a) Whenever the board of county commissioners or
other agency designated by the board files with the Riley county clerk a
statement in writing describing a nuisance and declaring that such
nuisance is a menace and dangerous to the health of the inhabitants of
the county, the board of county commissioners, by resolution, may
make such determination and issue an order requiring the nuisance be
removed or abated.
(b) Except as provided by subsection (c), the board of county
commissioners shall order the owner of the property to remove and
abate the nuisance within not less than 10 days, to be specified in the
order. The board or its designated representative may grant extensions
of the time period indicated in the order. The order shall state that,
before the expiration of the waiting period or any extension, the
recipient may request a hearing before the board or its designated
representative. The order shall be served on the owner by personal
service in accordance with K.S.A. 60-303, and amendments thereto.
(c) If the owner of the property has failed to accept delivery or
otherwise failed to effectuate receipt of a notice sent pursuant to this
section during the preceding 24-month period, the board of county
commissioners may provide notice of the issuance of any further orders
to abate or remove a nuisance from the property in the manner provided
by subsection (d) or as provided in this subsection. The board may
provide notice of the order by such methods including, but not limited
to, door hangers conspicuously posting notice of the order on the
property, personal notification, telephone communication or first-class
mail. If the property is unoccupied and the owner is a nonresident,
notice provided by this section shall be given by telephone
communication or first-class mail.
(d) If the owner of the property fails to comply with the order for a
period longer than that named in the order or any extensions of such
time period, the board of county commissioners may proceed to order
the repair or demolition of any structure and have the items described
in the order removed and abated from the lot or parcel of ground. If the SENATE BILL No. 384—page 2
county abates or removes the nuisance, the county shall give notice to
the owner by certified mail, return receipt requested, of the total cost of
the abatement or removal incurred by the county. The notice also shall
state that payment of the cost is due and payable within 60 days
following the mailing of the notice.
(e) If the cost of the removal or abatement is not paid within the
60-day period, the cost shall be assessed and charged against the lot or
parcel of land on which the nuisance was located. If the cost is to be
assessed, the county clerk, at the time of certifying other county taxes,
shall certify the costs, and the county clerk shall extend the cost on the
tax roll of the county against the lot or parcel of land. Such cost shall be
collected by the county treasurer.
(f) In assessing the cost of removal and abatement of a nuisance,
the county shall subtract from the total cost of the abatement or
removal incurred by the county the value of the property removed or
abated. If the value of the property removed or abated is greater than
the cost of the removal or abatement incurred by the county, the county
shall pay the owner the difference. If the value of the property is
contested, the property owner may request a hearing before the board
or its designated representative prior to the 60 days following receipt of
notice of costs due and payable under subsection (d).
(g) All orders and notices shall be served on the owner of record
or, if there is more than one owner of record, then on at least one such
owner.
(h) Any decision of the board of county commissioners or its
designated representative is subject to review in accordance with the
Kansas judicial review act.
New Sec. 3. Riley county may remove and abate from property,
other than public property or property open to use by the public, a
motor vehicle determined to be a nuisance. Disposition of such vehicles
shall be in compliance with the procedures for impoundment, notice
and public auction provided by K.S.A. 8-1102(a)(2), and amendments
thereto. Following any sale by public auction of a vehicle determined to
be a nuisance, the purchaser may file proof with the division of
vehicles, and the division shall issue a certificate of title to the
purchaser of the motor vehicle. If a public auction is conducted but no
responsible bid is received, the county may file proof with the division
of vehicles, and the division shall issue a certificate of title of the motor
vehicle to the county. Any person whose motor vehicle has been
disposed of pursuant to this section shall be eligible for a refund of the
tax imposed pursuant to K.S.A. 79-5101 et seq., and amendments
thereto. The amount of the refund shall be determined in the manner
provided by K.S.A. 79-5107, and amendments thereto.
New Sec. 4. The board of county commissioners may adopt a
resolution to establish any policies, procedures, designated body or
other related matters for hearings that property owners or their agents
may request pursuant to the Riley county unincorporated area nuisance
abatement act.
New Sec. 5. (a) The legislature declares it is the policy of this state
to protect and encourage the production and processing of food and
other agricultural products. As nonagricultural uses of property
continue to move into agricultural and agribusiness areas, normal
agricultural and agribusiness activities can find themselves subjected to
public and private claims of nuisance. Therefore, it is the legislative
intent of this act to protect agricultural and agribusiness activities from
nuisance actions. As such, nothing in the Riley county unincorporated
area nuisance abatement act shall apply to land, structures, machinery
and equipment or motor vehicles used for an agricultural activity or oil
and gas exploration and development activity. SENATE BILL No. 384—page 3
(b) For purposes of this section, the term "agricultural activity"
means the same as defined in K.S.A. 2-3203, and amendments thereto,
except such term shall also include real and personal property,
machinery, equipment, stored grain and agricultural input products
owned or maintained by commercial grain elevators and agribusiness
facilities.
New Sec. 6. The Riley county unincorporated area nuisance
abatement act, sections 1 through 6, and amendments thereto, shall
expire on July 1, 2027.
New Sec. 7. (a) The provisions of sections 7 through 12, and
amendments thereto, shall be known and may be cited as the Crawford
county unincorporated area nuisance abatement act.
(b) Before any nuisance abatement process shall be commenced
under the Crawford county unincorporated area nuisance abatement
act, Crawford county first shall have obtained a conviction for a county
code violation resulting from such nuisance within the 12-month period
prior to the issuance of any order as provided in section 8, and
amendments thereto.
(c) (1) The board of county commissioners may order the removal
or abatement of any nuisance from any lot or parcel of ground within
the unincorporated area of the county. The board may also order the
repair or demolition of any structure or the removal or abatement of
any other type of nuisance.
(2) The order shall provide that all costs associated with the
abatement shall be paid by the owner of the property on which the
nuisance is located.
New Sec. 8. (a) Whenever the board of county commissioners or
other agency designated by the board files with the Crawford county
clerk a statement, in writing, describing a nuisance and declaring that
such nuisance is a menace and dangerous to the health of the
inhabitants of the county, the board of county commissioners, by
resolution, may make such determination and issue an order requiring
the nuisance be removed or abated.
(b) Except as provided by subsection (c), the board of county
commissioners shall order the owner of the property to remove and
abate the nuisance within not less than 10 days, to be specified in the
order. The board or its designated representative may grant extensions
of the time period indicated in the order. The order shall state that,
before the expiration of the waiting period or any extension, the
recipient may request a hearing before the board or its designated
representative. The order shall be served on the owner by personal
service in accordance with K.S.A. 60-303, and amendments thereto.
(c) If the owner of the property has failed to accept delivery or
otherwise failed to effectuate receipt of a notice sent pursuant to this
section during the preceding 24-month period, the board of county
commissioners may provide notice of the issuance of any further orders
to abate or remove a nuisance from the property in the manner provided
by subsection (d) or as provided in this subsection. The board may
provide notice of the order by such methods, including, but not limited
to, door hangers conspicuously posting notice of the order on the
property, personal notification, telephone communication or first-class
mail. If the property is unoccupied and the owner is a nonresident,
notice provided by this section shall be given by telephone
communication or first-class mail.
(d) If the owner of the property fails to comply with the order for a
period longer than that named in the order or any extensions of such
time period, the board of county commissioners may proceed to order
the repair or demolition of any structure and have the items described
in the order removed and abated from the lot or parcel of ground. If the SENATE BILL No. 384—page 4
county abates or removes the nuisance, the county shall give notice to
the owner, by certified mail, with return receipt requested, of the total
cost of the abatement or removal incurred by the county. The notice
also shall state that payment of the cost is due and payable within 60
days following the mailing of the notice.
(e) If the cost of the removal or abatement is not paid within the
60-day period, the cost shall be assessed and charged against the lot or
parcel of land on which the nuisance was located. If the cost is to be
assessed, the county clerk, at the time of certifying other county taxes,
shall certify the costs, and the county clerk shall extend the cost on the
tax roll of the county against the lot or parcel of land. Such cost shall be
collected by the county treasurer.
(f) In assessing the cost of removal and abatement of a nuisance,
the county shall subtract from the total cost of the abatement or
removal incurred by the county the value of the property removed or
abated. If the value of the property removed or abated is greater than
the cost of the removal or abatement incurred by the county, the county
shall pay the owner the difference. If the value of the property is
contested, the property owner may request a hearing before the board
or its designated representative prior to the 60 days following receipt of
notice of costs due and payable under subsection (d).
(g) All orders and notices shall be served on the owner of record
or, if there is more than one owner of record, then on at least one such
owner.
(h) Any decision of the board of county commissioners or its
designated representative is subject to review in accordance with the
Kansas judicial review act.
New Sec. 9. Crawford county may remove and abate from
property, other than public property or property open to use by the
public, a motor vehicle determined to be a nuisance. Disposition of
such vehicles shall be in compliance with the procedures for
impoundment, notice and public auction provided by K.S.A. 8-1102(a)
(2), and amendments thereto. Following any sale by public auction of a
vehicle determined to be a nuisance, the purchaser may file proof with
the division of vehicles, and the division shall issue a certificate of title
to the purchaser of the motor vehicle. If a public auction is conducted
but no responsible bid is received, the county may file proof with the
division of vehicles, and the division shall issue a certificate of title of
the motor vehicle to the county. Any person whose motor vehicle has
been disposed of pursuant to this section shall be eligible for a refund
of the tax imposed pursuant to K.S.A. 79-5101 et seq., and amendments
thereto. The amount of the refund shall be determined in the manner
provided by K.S.A. 79-5107, and amendments thereto.
New Sec. 10. The board of county commissioners may adopt a
resolution to establish any policies, procedures, designated body or
other related matters for hearings that property owners or their agents
may request pursuant to the Crawford county unincorporated area
nuisance abatement act.
New Sec. 11. (a) The legislature declares it is the policy of this
state to protect and encourage the production and processing of food
and other agricultural products. As nonagricultural uses of property
continue to move into agricultural and agribusiness areas, normal
agricultural and agribusiness activities can find themselves subjected to
public and private claims of nuisance. Therefore, it is the legislative
intent of this act to protect agricultural and agribusiness activities from
nuisance actions. As such, nothing in the Crawford county
unincorporated area nuisance abatement act shall apply to land,
structures, machinery and equipment or motor vehicles used for an
agricultural activity or oil and gas exploration and development SENATE BILL No. 384—page 5
activity.
(b) For purposes of this section, the term "agricultural activity"
means the same as defined in K.S.A. 2-3203, and amendments thereto,
except such term shall also include real and personal property,
machinery, equipment, stored grain and agricultural input products
owned or maintained by commercial grain elevators and agribusiness
facilities.
New Sec. 12. The Crawford county unincorporated area nuisance
abatement act, sections 7 through 12, and amendments thereto, shall
expire on July 1, 2027.
Sec. 13. K.S.A. 2023 Supp. 65-6111 is hereby amended to read as
follows: 65-6111. (a) The emergency medical services board shall:
(1) Adopt any rules and regulations necessary to carry out the
provisions of this act;
(2) review and approve the allocation and expenditure of moneys
appropriated for emergency medical services;
(3) conduct hearings for all regulatory matters concerning
ambulance services, emergency medical service providers, instructor-
coordinators, training officers and sponsoring organizations;
(4) submit a budget to the legislature for the operation of the
board;
(5) develop a state plan for the delivery of emergency medical
services;
(6) enter into contracts as may be necessary to carry out the duties
and functions of the board under this act;
(7) review and approve all requests for state and federal funding
involving emergency medical services projects in the state or delegate
such duties to the executive director;
(8) approve all training programs for emergency medical service
providers and instructor-coordinators and prescribe certification
application fees by rules and regulations;
(9) approve methods of examination for certification of emergency
medical service providers and instructor-coordinators and prescribe
examination fees by rules and regulations;
(10) appoint a medical advisory council of not less than six
members, including one board member who shall be a physician and
not less than five other physicians who are active and knowledgeable in
the field of emergency medical services who are not members of the
board to advise and assist the board in medical standards and practices
as determined by the board. The medical advisory council shall elect a
chairperson from among its membership and shall meet upon the call of
the chairperson; and
(11) approve sponsoring organizations by prescribing standards
and requirements by rules and regulations and withdraw or modify such
approval in accordance with the Kansas administrative procedure act
and the rules and regulations of the board.
(b) (1) Except as otherwise provided, the emergency medical
services board may grant a temporary variance from an identified rule
or regulation when a literal application or enforcement of the rule or
regulation would result in serious hardship and the relief granted would
not result in any unreasonable risk to the public interest, safety or
welfare.
(2) Any variance granted pursuant to paragraph (1) may be
granted as a permanent variance if the variance is from an identified
rule or regulation adopted to implement, enforce or otherwise regulate
the provisions of K.S.A. 65-6135, and amendments thereto.
(c) (1) In addition to or in lieu of any other administrative, civil or
criminal remedy provided by law, the board, in accordance with the
Kansas administrative procedure act, upon the finding of a violation of SENATE BILL No. 384—page 6
a provision of this act or the provisions of article 61 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto, or rules and
regulations adopted pursuant to such provisions may impose a fine on:
(A) Any person granted a certificate by the board in an amount not
to exceed $500 for each violation; or
(B) an ambulance service that holds a permit to operate in this
state or on a sponsoring organization in an amount not to exceed $2,500
for each violation.
(2) All fines assessed and collected under this section shall be
remitted 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 state general fund.
(d) (1) In connection with any investigation by the board, the
board or its duly authorized agents or employees shall at all reasonable
times have access to, for the purpose of examination and the right to
copy any document, report, record or other physical evidence of any
person being investigated, or any document, report, record or other
evidence maintained by and in possession of any clinic, laboratory,
pharmacy, medical care facility or other public or private agency, if
such document, report, record or evidence relates to professional
competence, unprofessional conduct or the mental or physical ability of
the person to perform activities the person is authorized to perform.
(2) For the purpose of all investigations and proceedings
conducted by the board:
(A) The board may issue subpoenas compelling the attendance
and testimony of witnesses or the production for examination or
copying of documents or any other physical evidence if such evidence
relates to professional competence, unprofessional conduct or the
mental or physical ability of a person being investigated to perform
activities the person is authorized to perform. Within five days after the
service of the subpoena on any person requiring the production of any
evidence in the person's possession or under the person's control, such
person may petition the board to revoke, limit or modify the subpoena.
The board shall revoke, limit or modify such subpoena if in its opinion
the evidence required does not relate to practices that may be grounds
for disciplinary action, is not relevant to the charge that is the subject
matter of the proceeding or investigation or does not describe with
sufficient particularity the physical evidence that is required to be
produced. Any member of the board, or any agent designated by the
board, may administer oaths or affirmations, examine witnesses and
receive such evidence.
(B) Any person appearing before the board shall have the right to
be represented by counsel.
(C) The district court, upon application by the board or by the
person subpoenaed, shall have jurisdiction to issue an order:
(i) Requiring such person to appear before the board or the board's
duly authorized agent to produce evidence relating to the matter under
investigation; or
(ii) revoking, limiting or modifying the subpoena if in the court's
opinion the evidence demanded does not relate to practices that may be
grounds for disciplinary action, is not relevant to the charge that is the
subject matter of the hearing or investigation or does not describe with
sufficient particularity the evidence that is required to be produced.
(3) Disclosure or use of any such information received by the
board or of any record containing such information, for any purpose
other than that provided by this subsection is a class A misdemeanor
and shall constitute grounds for removal from office, termination of
employment or denial, revocation or suspension of any certificate or SENATE BILL No. 384—page 7
permit issued under article 61 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto. Nothing in this subsection shall be
construed to make unlawful the disclosure of any such information by
the board in a hearing held pursuant to this act.
(4) Patient records, including clinical records, medical reports,
laboratory statements and reports, files, films, other reports or oral
statements relating to diagnostic findings or treatment of patients,
information from which a patient or a patient's family might be
identified, peer review or risk management records or information
received and records kept by the board as a result of the investigation
procedure outlined in this subsection shall be confidential and shall not
be disclosed.
(5) Nothing in this subsection or any other provision of law
making communications between a physician and the physician's
patient a privileged communication shall apply to investigations or
proceedings conducted pursuant to this subsection. The board and its
employees, agents and representatives shall keep in confidence the
names of any patients whose records are reviewed during the course of
investigations and proceedings pursuant to this subsection.
(e) The emergency medical services board shall prepare an annual
report on or before January 15 of each year on the number, amount and
reasons for the fines imposed by the board and the number of and
reasons for subpoenas issued by the board during the previous calendar
year. The report shall be provided to the senate committee on federal
and state affairs and the house committee on federal and state affairs.
Sec. 14. K.S.A. 2023 Supp. 65-6135 is hereby amended to read as
follows: 65-6135. (a) All ambulance services providing emergency care
as defined by the rules and regulations adopted by the board shall offer
service 24 hours per day every day of the year.
(b) Whenever an operator is required to have a permit, at least one
person on each vehicle providing emergency medical service shall be
an emergency medical service provider certified pursuant to K.S.A. 65-
6119, 65-6120 or 65-6121, and amendments thereto, a physician an
individual licensed by the state board of healing arts to practice
medicine and surgery, a physician assistant, an advanced practice
registered nurse or a professional nurse.
(c) The board shall not require any ground vehicle providing
interfacility transfers from any county with a population of 30,000 or
less to operate with more than one person who satisfies the
requirements of subsection (b) if the driver of such vehicle is certified
in cardiopulmonary resuscitation.
Sec. 15. K.S.A. 2023 Supp. 65-6111 and 65-6135 are hereby
repealed. SENATE BILL No. 384—page 8
Sec. 16. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.