Session of 2000
By Senator Corbin

  9             AN  ACT prohibiting sales of certain motor-vehicle fuel and proving pen-
10             alties for violations.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. (a) No person shall sell or offer for sale in Kansas any
14       motor-vehicle fuel, as defined in K.S.A. 79-3401, and amendments
15       thereto, containing methyl tertiary-butyl ether (MBTE).
16             (b) The secretary of health and environment or the director of the
17       division of environment, upon a finding that a person has violated this
18       section, may impose a penalty not to exceed $10,000 which shall consti-
19       tute an actual and substantial economic deterrent to the violation for
20       which it is assessed. In the case of a continuing violation, every day such
21       violation continues shall be deemed a separate violation. No such penalty
22       shall be imposed except after notice of violation and opportunity for hear-
23       ing upon the written order of the secretary or the director of the division
24       of environment issued to the person who committed the violation. The
25       order shall state the violation, the penalty to be imposed and the right to
26       request a hearing thereon. The request for hearing shall be in writing,
27       directed to the secretary and filed with the secretary within 15 days after
28       service of the order. The hearings shall be conducted in accordance with
29       the Kansas administrative procedure act.
30             (c) Nothing in this section shall be construed to abridge, limit or
31       otherwise impair the right of any person to damages or other relief on
32       account of injury to persons or property and to maintain any action or
33       other appropriate proceeding therefor. 
34        Sec.  2. This act shall take effect and be in force from and after its
35       publication in the statute book.