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 9  AN ACT concerning state officers and employees; relating to compen-
10    sation for overtime work; prescribing certain rates and procedures;
11    amending K.S.A. 1996 Supp. 75-5537 and repealing the existing
12    section.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 1996 Supp. 75-5537 is hereby amended to read as
16  follows: 75-5537. (a) Except as otherwise required by federal law or by
17  the provisions of this section, after December 31, 1994 June 14, 1997,
18  any rule and regulation relating to overtime compensation for state em-
19  ployees adopted by the secretary of administration shall provide that only
20  hours actually worked may be considered in determining whether over-
21  time compensation is due and the amount of overtime compensation due,
22  whether in the form of overtime pay or compensatory time off in lieu of
23  overtime pay. After December 31, 1994 June 14, 1997, to the extent that
24  any rule and regulation previously adopted by the secretary of adminis-
25  tration prior to the effective date of this act contains a provision contrary
26  to this section, that portion of the rule and regulation, and documents
27  pertaining to such portion of the rule and regulation, shall have no effect
28  and shall not be enforced.
29    (b)  Each official state holiday which occurs within a regularly sched-
30  uled workweek shall be counted as time worked in determining the
31  amount of overtime work for state employees performing essential serv-
32  ices. As used in this subsection, ``state employees performing essential
33  services'' includes officers and employees of state agencies who are law
34  enforcement officers, as defined by K.S.A. 74-5602 and amendments
35  thereto, officers and employees of the department of corrections or any
36  state correctional institution or facility who are directly engaged in the
37  daily operation of any such institution or facility or who are corrections
38  officers or parole officers, as defined by K.S.A. 75-5202 and amendments
39  thereto, officers and employees of the department of transportation who
40  perform highway maintenance duties, officers and employees of the de-
41  partment of social and rehabilitation services or any institution, as defined
42  by K.S.A. 76-12a01, 76-12a18 or 76-12b01 and amendments thereto, who
43  are directly engaged in the daily operation of any such institution, in-
HB 2318
                                     

 1  cluding security police officers under K.S.A. 76-12a16 and amendments
 2  thereto, and such other officers or employees of any state agency (1) who
 3  are determined by the chief administrative officer of the state agency to
 4  be performing services that are essential to permit the mission-critical
 5  activities of the state agency to be accomplished, including, but not limited
 6  to, any administrative, operations or maintenance personnel who are in-
 7  volved in or who directly support such activities, or (2) who are deter-
 8  mined by the secretary of administration to be performing services that
 9  are essential to the public safety and welfare of the people of Kansas.
10    Sec. 2.  K.S.A. 1996 Supp. 75-5537 is hereby repealed.
11    Sec. 3.  This act shall take effect and be in force from and after June
12  15, 1997, and its publication in the Kansas register.