[As Amended by House Committee of the Whole]
         

          Session of 1998
                   
SUBSTITUTE FOR HOUSE BILL No. 2210
         
By Committee on Appropriations
         
3-10
          10             AN ACT concerning state officers and employees; relating to the state
11             civil service; amending K.S.A. 75-2935 [and 75-6301] and repealing
12             the existing section [sections].
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 75-2935 is hereby amended to read as follows:
16       75-2935. The civil service of the state of Kansas is hereby divided into
17       the unclassified and the classified services.
18           (1) The unclassified service comprises positions held by state officers
19       or employees who are:
20           (a) Chosen by election or appointment to fill an elective office;
21           (b) members of boards and commissions, heads of departments re-
22       quired by law to be appointed by the governor or by other elective offi-
23       cers, and the executive or administrative heads of offices, departments,
24       divisions and institutions specifically established by law;
25           (c) except as otherwise provided under this section, one personal sec-
26       retary to each elective officer of this state, and in addition thereto, 10
27       deputies, clerks or employees designated by such elective officer;
28           (d) all employees in the office of the governor;
29           (e) officers and employees of the senate and house of representatives
30       of the legislature and of the legislative coordinating council and all officers
31       and employees of the office of revisor of statutes, of the legislative re-
32       search department, of the division of legislative administrative services,
33       of the division of post audit and the legislative counsel;
34           (f) chancellor, president, deans, administrative officers, student
35       health service physicians, pharmacists, teaching and research personnel,
36       health care employees and student employees in the institutions under
37       the state board of regents, the executive officer of the board of regents
38       and the executive officer's employees other than clerical employees, and,
39       at the discretion of the state board of regents, directors or administrative
40       officers of departments and divisions of the institution and county exten-
41       sion agents, except that this subsection (1)(f) shall not be construed to
42       include the custodial, clerical or maintenance employees, or any employ-
43       ees performing duties in connection with the business operations of any

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  1       such institution, except administrative officers and directors; as used in
  2       this subsection (1)(f), ``health care employees'' means employees of the
  3       university of Kansas medical center who provide health care services at
  4       the university of Kansas medical center and who are medical technicians
  5       or technologists or respiratory therapists, who are licensed professional
  6       nurses or licensed practical nurses, or who are in job classes which are
  7       designated for this purpose by the chancellor of the university of Kansas
  8       upon a finding by the chancellor that such designation is required for the
  9       university of Kansas medical center to recruit or retain personnel for
10       positions in the designated job classes; and employees of any institution
11       under the state board of regents who are medical technologists;
12           (g) operations, maintenance and security personnel employed to im-
13       plement agreements entered into by the adjutant general and the federal
14       national guard bureau, and officers and enlisted persons in the national
15       guard and the naval militia;
16           (h) persons engaged in public work for the state but employed by
17       contractors when the performance of such contract is authorized by the
18       legislature or other competent authority;
19           (i) persons temporarily employed or designated by the legislature or
20       by a legislative committee or commission or other competent authority
21       to make or conduct a special inquiry, investigation, examination or in-
22       stallation;
23           (j) officers and employees in the office of the attorney general and
24       special counsel to state departments appointed by the attorney general,
25       except that officers and employees of the division of the Kansas bureau
26       of investigation shall be in the classified or unclassified service as provided
27       in K.S.A. 75-711 and amendments thereto;
28           (k) all employees of courts;
29           (l) client, patient and inmate help in any state facility or institution;
30           (m) all attorneys for boards, commissions and departments;
31           (n) the secretary and assistant secretary of the Kansas state historical
32       society;
33           (o) physician specialists, dentists, dental hygienists, pharmacists,
34       medical technologists and long term care workers employed by the de-
35       partment of social and rehabilitation services;
36           (p) physician specialists, dentists and medical technologists employed
37       by any board, commission or department or by any institution under the
38       jurisdiction thereof;
39           (q) student employees enrolled in public institutions of higher learn-
40       ing;
41           (r) administrative officers, directors and teaching personnel of the
42       state board of education and the state department of education and of
43       any institution under the supervision and control of the state board of

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  1       education, except that this subsection (1)(r) shall not be construed to
  2       include the custodial, clerical or maintenance employees, or any employ-
  3       ees performing duties in connection with the business operations of any
  4       such institution, except administrative officers and directors;
  5           (s) all officers and employees in the office of the secretary of state;
  6           (t) one personal secretary and one special assistant to the following:
  7       The secretary of administration, the secretary of aging, the secretary of
  8       agriculture, the secretary of commerce and housing, the secretary of cor-
  9       rections, the secretary of health and environment, the superintendent of
10       the Kansas highway patrol, the secretary of human resources, the secre-
11       tary of revenue, the secretary of social and rehabilitation services, the
12       secretary of transportation and the secretary of wildlife and parks;
13           (u) one personal secretary and one special assistant to the chancellor
14       and presidents of institutions under the state board of regents;
15           (v) one personal secretary and one special assistant to the executive
16       vice chancellor of the university of Kansas medical center;
17           (w) one public information officer and one chief attorney for the fol-
18       lowing: The department of administration, the department on aging, the
19       department of agriculture, the department of commerce and housing, the
20       department of corrections, the department of health and environment,
21       the department of human resources, the department of revenue, the de-
22       partment of social and rehabilitation services, the department of trans-
23       portation and the Kansas department of wildlife and parks;
24           (x) civil service examination monitors;
25           (y) one executive director, one general counsel and one director of
26       public affairs and consumer protection in the office of the state corpo-
27       ration commission;
28           (z) specifically designated by law as being in the unclassified service;
29       and
30           (aa) all officers and employees of Kansas, Inc. and the Kansas tech-
31       nology enterprise corporation.; and
32           (bb) any position that is classified as a position in the information
33       resource manager job class series, that is the chief position responsible for
34       all information resources management for a state agency, and that be-
35       comes vacant on or after the effective date of this act. Nothing in this
36       section shall affect the classified status of any employee in the classified
37       service who is employed on the date immediately preceding the effective
38       date of this act in any position that is a classified position in the infor-
39       mation resource manager job class series and the unclassified status as
40       prescribed by this subsection shall apply only to a person appointed to
41       any such position on or after the effective date of this act that is the chief
42       position responsible for all information resources management for a state
43       agency.

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  1           (2) The classified service comprises all positions now existing or here-
  2       after created which are not included in the unclassified service. Appoint-
  3       ments in the classified service shall be made according to merit and fitness
  4       from eligible pools which so far as practicable shall be competitive. No
  5       person shall be appointed, promoted, reduced or discharged as an officer,
  6       clerk, employee or laborer in the classified service in any manner or by
  7       any means other than those prescribed in the Kansas civil service act and
  8       the rules adopted in accordance therewith.
  9           (3) For positions involving unskilled, or semiskilled duties, the sec-
10       retary of administration, as provided by law, shall establish rules and reg-
11       ulations concerning certifications, appointments, layoffs and reemploy-
12       ment which may be different from the rules and regulations established
13       concerning these processes for other positions in the classified service.
14           (4) Officers authorized by law to make appointments to positions in
15       the unclassified service, and appointing officers of departments or insti-
16       tutions whose employees are exempt from the provisions of the Kansas
17       civil service act because of the constitutional status of such departments
18       or institutions shall be permitted to make appointments from appropriate
19       pools of eligibles maintained by the division of personnel services.
20        [Sec. 2. K.S.A. 75-6301 is hereby amended to read as follows:
21       75-6301. (a) There is hereby established the office of the securities
22       commissioner of Kansas. The office shall be administered by the
23       securities commissioner of Kansas who shall be in the unclassified
24       service under the Kansas civil service act and shall serve at the pleasure
25       of the governor. The securities commissioner shall be appointed by
26       the governor, with the consent of subject to confirmation by the senate
27       as provided in K.S.A. 75-4315b and amendments thereto, shall have spe-
28       cial training and qualifications for such position and shall receive
29       such compensation as may be fixed by the governor. The securities
30       commissioner shall employ, and fix the compensation of, such assistants
31       or clerks as the securities commissioner may from time to time deem
32       necessary.
33           [(b) The securities commissioner may appoint directors within the
34       office of the securities commissioner as determined necessary by the se-
35       curities commissioner to effectively carry out the mission of the office. All
36       directors appointed after the effective date of this act shall be in the un-
37       classified service under the Kansas civil service act, shall have special
38       training and qualifications for such positions, shall serve at the pleasure
39       of the securities commissioner and shall receive compensation fixed by the
40       securities commissioner and approved by the governor.
41           [(c) Nothing in subsection (b) shall affect the classified status of any
42       person employed in the office of the securities commissioner on the day
43       immediately preceding the effective date of this act. The provisions of this

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  1       subsection shall not be construed to limit the powers of the securities
  2       commissioner pursuant to K.S.A. 75-2948 and amendments thereto.]
  3           Sec. 2 [3]. K.S.A. 75-2935 is [and 75-6301 are] hereby repealed.
  4           Sec. 3 [4]. This act shall take effect and be in force from and after
  5       its publication in the Kansas register.
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