HB 2543--
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Session of 1997
HOUSE BILL No. 2543
By Committee on Appropriations
3-24
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9 AN ACT abolishing the corporation for change; relating to the transfer
10 of duties and powers thereof; creating an advisory commission on chil-
11 dren and families; amending K.S.A. 20-1a11, K.S.A. 1995 Supp. 74-
12 9501, as amended by section 127 of chapter 229 of the 1996 Session
13 Laws of Kansas and K.S.A. 1996 Supp. 75-2935 and 75-2935b and
14 repealing the existing sections; also repealing K.S.A. 38-1801, 38-1802,
15 38-1803, 38-1805, 38-1806, 38-1809, 38-1810 and 38-1811 and K.S.A.
16 1996 Supp. 38-1804, 38-1807 and 38-1808.
17
18 Be it enacted by the Legislature of the State of Kansas:
19 New Section 1. On July 1, 1997, the corporation for change estab-
20 lished by K.S.A. 38-1803 is hereby abolished.
21 New Sec. 2. (a) On and after July 1, 1997, whenever the corporation
22 for change, or words of like effect, is referred to or designated by a statute,
23 contract or other document, and such reference relates to the family and
24 children trust account of the family and children investment fund, such
25 reference or designation shall be deemed to apply to the department of
26 social and rehabilitation services.
27 (b) On and after July 1, 1997, whenever the executive director or the
28 chairperson of the board of directors of the corporation for change, or
29 words of like effect, is referred to or designated by a statute, contract or
30 other document, and such reference relates to the family and children
31 trust account of the family and children investment fund, such reference
32 or designation shall be deemed to apply to the secretary of social and
33 rehabilitation services.
34 (c) All orders and directives of the corporation for change or of the
35 executive director or the chairperson of the board of directors of the
36 corporation for change which are in existence on the effective date of this
37 act and which relate to the family and children trust account of the family
38 and children investment fund, shall continue to be effective and shall be
39 deemed to be orders and directives of the department of social and re-
40 habilitation services until revised, amended or nullified pursuant to law.
41 (d) On July 1, 1997, the department of social and rehabilitation serv-
42 ices shall succeed to whatever right, title or interest the corporation for
43 change has acquired in any real property in this state with moneys from
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1 the family and children trust account of the family and children invest-
2 ment fund, and the department of social and rehabilitation services shall
3 hold the same for and in the name of the state of Kansas. On and after
4 the effective date of this act, whenever any statute, contract, deed or other
5 document concerns the power or authority of the corporation for change
6 or of the executive director or the chairperson of the board of directors
7 of the corporation for change to acquire, hold or dispose of real property
8 or any interest therein and such power or authority relates to the children
9 and family trust account of the family and children investment fund or to
10 real property or any interest therein acquired with moneys from such
11 account prior to the effective date of this act, the department of social
12 and rehabilitation services shall succeed to such power or authority.
13 New Sec. 3. (a) On July 1, 1997, whenever the corporation for
14 change, or words of like effect, is referred to or designated by a statute,
15 contract or other document and such reference or designation relates to
16 the permanent families account of the family and children investment
17 fund, such reference or designation shall be deemed to apply to the ju-
18 dicial administrator of the courts.
19 (b) On July 1, 1997, whenever the executive director or the chair-
20 person of the board of directors of the corporation for change, or words
21 of like effect, is referred to or designated by a statute, contract or other
22 document and such reference or designation refers to the permanent
23 families account of the children and families investment fund, such ref-
24 erence or designation shall be deemed to apply to the judicial adminis-
25 trator of the courts.
26 (c) All orders and directives of the corporation for change or of the
27 executive director or the chairperson of the board of directors of the
28 corporation for change in existence on the effective date of this act which
29 refer to the permanent families account of the children and families in-
30 vestment fund shall continue to be effective and shall be deemed to be
31 orders and directives of the judicial administrator of the courts until re-
32 vised, amended or nullified pursuant to law.
33 (d) On July 1, 1997, the judicial administrator of the courts shall suc-
34 ceed to whatever right, title or interest the corporation for change has
35 acquired in any real property in this state acquired with moneys from the
36 permanent families account of the family and children investment fund
37 prior to the effective date of this act, and the judicial administrator of the
38 courts shall hold the same for and in the name of the state of Kansas. On
39 and after the effective date of this act, whenever any statute, contract,
40 deed or other document concerns the power or authority of the corpo-
41 ration for change or of the executive director or the chairperson of the
42 board of directors of the corporation for change to acquire, hold or dis-
43 pose of real property or any interest therein, and such power or authority
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1 relates to the permanent families account of the family and children in-
2 vestment fund or to real property or any interest therein acquired with
3 moneys from such account prior to the effective date of this act, the
4 judicial administrator of the courts shall succeed to such power or au-
5 thority.
6 New Sec. 4. (a) Except as otherwise provided in this act, on July 1,
7 1997, officers and employees who, immediately prior to such date, were
8 engaged in the performance of powers, duties or functions of the cor-
9 poration for change, which relate to the family and children trust account
10 of the family and children investment fund prior to the effective date of
11 this act and which are transferred to the department of social and reha-
12 bilitation services, and who, in the opinion of the secretary of social and
13 rehabilitation services, are necessary to perform the powers, duties and
14 functions of the department of social and rehabilitation services, shall be
15 transferred to and shall become officers and employees of the department
16 of social and rehabilitation services. Any such officer or employee shall
17 retain all retirement benefits and all rights of civil service which had
18 accrued to or vested in such officer or employee prior to the effective
19 date of this section. The service of each such officer and employee so
20 transferred shall be deemed to have been continuous. All transfers and
21 any abolition of personnel positions in the classified service under the
22 Kansas civil service act shall be in accordance with civil service laws and
23 any rules and regulations adopted thereunder.
24 (b) Except as otherwise provided in this act, on July 1, 1997, officers
25 and employees who, immediately prior to such date, were engaged in the
26 performance of powers, duties or functions of the corporation for change,
27 which relate to the permanent families account of the family and children
28 investment fund prior to the effective date of this act and which are
29 transferred by this act to the judicial administrator of the courts, and who,
30 in the opinion of the judicial administrator of the courts, are necessary to
31 perform the powers, duties and functions of the office of judicial admin-
32 istration under this act, shall be transferred to, and shall become officers
33 and employees of the office of judicial administration. Any such officer
34 or employee shall retain all retirement benefits and all rights of civil serv-
35 ice which had accrued to or vested in such officer or employee prior to
36 the effective date of this section. The service of each such officer and
37 employee so transferred shall be deemed to have been continuous. All
38 transfers and any abolition of personnel positions in the classified service
39 under the Kansas civil service act shall be in accordance with civil service
40 laws and any rules and regulations adopted thereunder.
41 New Sec. 5. (a) On and after July 1, 1997, when any conflict arises
42 as to the disposition of any power, function or duty or the unexpended
43 balance of any appropriation as a result of any abolition, transfer, attach-
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1 ment or change made by or under authority of this act, such conflict shall
2 be resolved by the governor, whose decision shall be final.
3 (b) On and after July 1, 1997, the department of social and rehabil-
4 itation services shall succeed to all property and records which were used
5 for or pertain to the performance of the powers, duties and functions
6 transferred to the department of social and rehabilitation services by this
7 act. Any conflict as to the proper disposition of property or records arising
8 under this section, and resulting from the transfer or attachment of any
9 state agency, or all or part of the powers, duties and functions thereof,
10 shall be determined by the governor, whose decision shall be final.
11 (c) The judicial administrator of the courts shall succeed to all prop-
12 erty and records which were used for or pertain to the performance of
13 the powers, duties and functions transferred to the judicial administrator
14 of the courts. Any conflict as to the proper disposition of property or
15 records arising under this section, and resulting from the transfer or at-
16 tachment of any state agency, or all or part of the powers, duties and
17 functions thereof, shall be determined by the governor, whose decision
18 shall be final.
19 New Sec. 6. (a) The department of social and rehabilitation services
20 shall have the legal custody of all records, memoranda, writings, entries,
21 prints, representations or combinations thereof of any act, transaction,
22 occurrence or event of the corporation for change which relates to the
23 family and children trust account of the family and children investment
24 fund transferred to the department of social and rehabilitation services
25 under this act.
26 (b) The judicial administrator of the courts shall have the legal cus-
27 tody of all records, memoranda, writings, entries, prints, representations
28 or combinations thereof of any act, transaction, occurrence or event of
29 the corporation for change which relates to the permanent families ac-
30 count of the family and children investment fund transferred to the ju-
31 dicial administrator of the courts under this act.
32 (c) No suit, action or other proceeding, judicial or administrative,
33 lawfully commenced, or which could have been commenced, by or against
34 any state agency mentioned in this act, or by or against any officer of the
35 state in such officer's official capacity or in relation to the discharge of
36 such officer's official duties, shall abate by reason of the governmental
37 reorganization effected under the provisions of this act. The court may
38 allow any such suit, action or other proceeding to be maintained by or
39 against the successor of any such state agency or any officer affected.
40 (d) No criminal action commenced or which could have been com-
41 menced by the state shall abate by the taking effect of this act.
42 New Sec. 7. (a) On and after July 1, 1997, the balance of all funds
43 received by the corporation for change and maintained in interest-bearing
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1 accounts in Kansas banks or Kansas savings and loan associations pursuant
2 to K.S.A. 38-1809, prior to its repeal, shall be transferred to and deposited
3 in the state treasury and credited as follows: (1) That portion of such
4 moneys that would have been credited to the family and children trust
5 account of the family and children investment fund prior to the effective
6 date of this act, if any, shall be credited to the children and family trust
7 fund created by section 9, and amendments thereto, and (2) that portion
8 of such moneys that would have been credited to the permanent families
9 account of the family and children investment fund prior to the effective
10 date of this act, if any, shall be credited to the permanent families fund
11 created by section 8, and amendments thereto.
12 (b) On and after July 1, 1997, the liability for all accrued compensa-
13 tion or salaries of officers and employees who are transferred to the de-
14 partment of social and rehabilitation services as provided for by this act
15 and who become a part of the department of social and rehabilitation
16 services, shall be assumed and paid by the department of social and re-
17 habilitation services.
18 (c) On and after July 1, 1997, the liability for all accrued compensa-
19 tion or salaries of officers and employees who are transferred to the office
20 of judicial administration as provided for by this act and who become part
21 of the office of judicial administration, shall be assumed and paid by the
22 judicial administrator of the courts.
23 New Sec. 8. (a) (1) There is hereby created in the state treasury the
24 permanent families fund which shall be administered by the judicial ad-
25 ministrator of the courts.
26 (2) Moneys credited to the permanent families fund shall be used for
27 the following purposes: (A) Not more than 12% of the amount credited
28 to the account during the fiscal year may be used to provide technical
29 assistance to district courts or local groups wanting to establish a local
30 citizen review board or a court-appointed special advocate program, in-
31 cluding but not limited to such staff as necessary to provide such assis-
32 tance, and to provide services necessary for the administration of such
33 board or program, including but not limited to grants administration,
34 accounting, data collection, report writing and training of local citizen
35 review board staff; (B) grants to court-appointed special advocate pro-
36 grams, upon application approved by the administrative judge of the ju-
37 dicial district where the program is located; and (C) grants to district
38 courts, upon application of the administrative judge of the judicial district,
39 for expenses of establishment, operation and evaluation of local citizen
40 review boards in the judicial district, including costs of: (i) Employing
41 local citizen review board coordinators and clerical staff; (ii) telephone,
42 photocopying and office equipment and supplies for which there are
43 shown to be no local funds available; (iii) mileage of staff and board mem-
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1 bers; and (iv) training staff and board members.
2 (b) In addition to the other duties and powers provided by law, in
3 administering the permanent families fund, the judicial administrator
4 shall:
5 (1) Accept and receive grants, loans, gifts or donations from any pub-
6 lic or private entity in support of programs administered by the judicial
7 administrator and assist in the development of supplemental funding
8 sources for local and state programs;
9 (2) consider applications for and make such grants from the perma-
10 nent families fund as authorized by law; and
11 (3) receive reports from local citizen review boards established pur-
12 suant to K.S.A. 38-1812, and amendments thereto, regarding the status
13 of children under the supervision of the district courts and regarding
14 systemic barriers to permanence for children, assure that appropriate data
15 is maintained regularly and compiled at least once a year by such boards
16 on all cases reviewed and assure that the effectiveness of such boards is
17 evaluated on an ongoing basis, using, where possible, random selection
18 of local citizen review boards and cases for the evaluation and including
19 client outcome data to determine effectiveness.
20 (c) On or before the 10th of each month, the director of accounts
21 and reports shall transfer from the state general fund to the permanent
22 families fund interest earnings based on:
23 (1) The average daily balance of moneys in the permanent families
24 fund for the preceding month; and
25 (2) the net earnings rate of the pooled money investment portfolio
26 for the preceding month.
27 New Sec. 9. (a) (1) There is hereby created in the state treasury the
28 family and children trust fund which shall be administered by the sec-
29 retary of social and rehabilitation services.
30 (2) Moneys credited to the family and children trust fund shall be
31 used for the following purposes: (A) Matching federal moneys to purchase
32 services relating to community-based programs for the broad range of
33 child abuse and neglect prevention activities; (B) providing start-up or
34 expansion grants for community-based prevention projects for the broad
35 range of child abuse and neglect prevention activities; (C) studying and
36 evaluating community-based prevention projects for the broad range of
37 child abuse and neglect prevention activities; (D) preparing, publishing,
38 purchasing and disseminating educational material dealing with the broad
39 range of child abuse and neglect prevention activities; and (E) payment
40 of administrative costs of the family and children trust fund and of the
41 advisory committee on children and families established pursuant to sec-
42 tion 11, and amendments thereto. No moneys in the family and children
43 trust fund shall be used for the purpose of providing services for the
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1 voluntary termination of pregnancy.
2 (d) Expenditures from the family and children trust fund shall be
3 subject to the approval of the advisory committee on children and families
4 established pursuant to section 11, and amendments thereto.
5 (e) On or before the 10th of each month, the director of accounts
6 and reports shall transfer from the state general fund to the family and
7 children trust fund interest earnings based on:
8 (1) The average daily balance of moneys in the family and children
9 trust fund for the preceding month; and
10 (2) the net earnings rate of the pooled money investment portfolio
11 for the preceding month.
12 New Sec. 10. (a) On July 1, 1997, the director of accounts and re-
13 ports shall transfer all moneys in the permanent families account of the
14 family and children investment fund to the permanent families fund es-
15 tablished in section 8, and amendments thereto. On the effective date of
16 this act, all liabilities of the permanent families account in the family and
17 children investment fund existing prior to the effective date are hereby
18 imposed on the permanent families fund established in section 8, and
19 amendments thereto.
20 (b) On the effective date of this act, the director of accounts and
21 reports shall transfer all moneys in the family and children trust account
22 of the family and children investment fund to family and children trust
23 fund established in section 9, and amendments thereto. On the effective
24 date of this act, all liabilities of the family and children trust account of
25 the family and children investment fund existing prior to the effective
26 date of this act are hereby imposed on the family and children trust fund.
27 (c) On the effective date of this act, the family and children invest-
28 ment fund is hereby abolished.
29 New Sec. 11. (a) The advisory committee on children and families is
30 hereby created.
31 (b) The advisory committee on children and families shall consist of
32 nine members as follows: (1) The secretary of health and environment;
33 (2) the secretary of social and rehabilitation services; (3) the secretary of
34 human resources; (4) the commissioner of education; (5) the commis-
35 sioner of juvenile justice; (6) a member of the Kansas supreme court; and
36 (7) three members of the public who are interested in and knowledgeable
37 about the needs of children and families shall be appointed by the gov-
38 ernor, except that the members appointed by the governor to the advisory
39 committee on children and families created by executive order 97-1 on
40 January 9, 1997, shall be deemed members appointed by the governor of
41 the advisory committee on children and families established by this sec-
42 tion.
43 (c) The members of the advisory committee on children and families
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1 appointed by the governor shall serve at the pleasure of the governor.
2 The governor shall appoint a chairperson of the committee and the mem-
3 bers of the committee may elect any additional officers from among its
4 members necessary to carry out the duties and functions of the commit-
5 tee.
6 (d) The advisory committee on children and families shall meet upon
7 the call of the chairperson as necessary to carry out the duties and func-
8 tions of the committee.
9 (e) The advisory committee on children and families shall have and
10 perform the following functions:
11 (1) Assist the governor in developing and implementing a coordi-
12 nated, comprehensive service delivery system to serve the children and
13 families of Kansas;
14 (2) identify barriers to service and gaps in service due to strict defi-
15 nitions of boundaries between departments and agencies;
16 (3) facilitate interagency and interdepartmental cooperation toward
17 the common goal of serving children and families;
18 (4) investigate and identify methodologies for the combining of funds
19 across departmental boundaries to better serve children and families;
20 (5) propose actions needed to achieve coordination of funding and
21 services across departmental lines; and
22 (6) encourage and facilitate joint planning and coordination between
23 the public and private sectors to better serve the needs of children and
24 families.
25 (f) Members of the advisory committee on children and families shall
26 not be paid compensation, but shall receive subsistence allowances, mile-
27 age and other expenses as provided by K.S.A. 75-3223, and amendments
28 thereto. The subsistence allowances, mileage and other expenses as pro-
29 vided in K.S.A. 75-3223 and amendments thereto shall be paid from avail-
30 able appropriations of the department of social and rehabilitation services
31 except that expenses of members who are employed by a state agency
32 shall be reimbursed by that state agency.
33 Sec. 12. K.S.A. 20-1a11 is hereby amended to read as follows: 20-
34 1a11. (a) There is hereby created in the state treasury a judicial branch
35 education fund.
36 (b) All money credited to the fund shall be used for the purpose of
37 educating and training judicial branch officers and employees; for admin-
38 istering the training, testing and education of municipal judges as pro-
39 vided in K.S.A. 12-4114, and amendments thereto; for educating and
40 training municipal judges and municipal court support staff; and for the
41 planning and implementation of a family court system as provided by law,
42 except that expenditures for this purpose for the fiscal year ending June
43 30, 1993, shall not exceed $30,000 through the corporation for change,
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1 and on October 1, 1992, or as soon thereafter as moneys are available
2 therefor, and during fiscal year 1993, the director of accounts and reports
3 shall transfer $30,000 from the judicial branch education fund to the
4 family and children investment fund of the corporation for change and
5 all such moneys shall be used for such purpose. Expenditures from the
6 judicial branch education fund shall be made in accordance with appro-
7 priation acts upon warrants of the director of accounts and reports issued
8 pursuant to vouchers approved by the chief justice of the supreme court
9 or by a person or persons designated by the chief justice.
10 (c) The chief justice may apply for, receive and accept money from
11 any source for the purposes for which money in the judicial branch ed-
12 ucation fund may be expended. Upon receiving any such money, the chief
13 justice shall remit the entire amount at least monthly to the state treasurer
14 who shall deposit such money in the state treasury and credit such money
15 to the judicial branch education fund.
16 (d) Upon the effective date of this act, the director of accounts and
17 reports is directed to transfer all moneys in the municipal judge training
18 fund to the judicial branch education fund. Upon the effective date of
19 this act, all liabilities of the municipal judge training fund existing prior
20 to such date are hereby imposed on the judicial branch education fund.
21 Whenever the municipal judge training fund, or words of like effect, is
22 referred to or designated by any statute, contract, or other document,
23 such reference or designation shall be deemed to apply to the judicial
24 branch education fund. The municipal judge training fund is hereby abol-
25 ished.
26 Sec. 13. K.S.A. 1995 Supp. 74-9501, as amended by section 127 of
27 chapter 229 of the 1996 Session Laws of Kansas is hereby amended to
28 read as follows: 74-9501. (a) There is hereby established the Kansas crim-
29 inal justice coordinating council.
30 (b) The council shall consist of the governor or designee, the chief
31 justice of the supreme court or designee, the attorney general or designee,
32 the secretary of corrections, the secretary of social and rehabilitation serv-
33 ices, the commissioner of juvenile justice and the director of the Kansas
34 bureau of investigation.
35 (c) The director and all existing employees of the Kansas sentencing
36 commission shall serve as staff to the Kansas criminal justice coordinating
37 council, while continuing to serve at the will of the Kansas sentencing
38 commission pursuant to K.S.A. 74-9103 and amendments thereto in the
39 performance of its duties as outlined in K.S.A. 74-9101, 74-9106 and 21-
40 4725 and amendments thereto. The director shall attend all meetings of
41 the council, be responsible for keeping a record of council meetings,
42 prepare reports of the council and perform such other duties as directed
43 by the council.
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1 (d) The council shall elect a chairperson and vice-chairperson from
2 among the members of the council.
3 (e) The council shall:
4 (1) Define and analyze issues and processes in the criminal justice
5 system, identify alternative solutions and make recommendations for im-
6 provements;
7 (2) perform such criminal justice studies or tasks as requested by the
8 governor, the legislature or the chief justice, as deemed appropriate or
9 feasible by the council;
10 (3) oversee development and management of a criminal justice da-
11 tabase including assuming the designation and functions of the state sta-
12 tistical analysis center currently assigned to the Kansas bureau of inves-
13 tigation pursuant to K.S.A. 75-712a and amendments thereto. All criminal
14 justice agencies as defined in subsection (c) of K.S.A. 22-4701 and amend-
15 ments thereto and the department of social and rehabilitation services
16 shall provide any data or information, including juvenile offender infor-
17 mation which is requested by the council, in a form and manner estab-
18 lished by the council, in order to facilitate the development and manage-
19 ment of the criminal justice council database; and
20 (4) develop and oversee reporting of all criminal justice federal fund-
21 ing available to the state or local units of government including assuming
22 the designation and functions of administering the United States bureau
23 of justice assistance grants currently administered through the law en-
24 forcement antidrug abuse program of the department of administration.
25 On the effective date of this act any bureau of justice assistance antidrug
26 abuse federal fund balances in any account and all unclassified positions
27 authorized for the law enforcement antidrug abuse program of the de-
28 partment of administration shall be transferred to and budgeted with the
29 Kansas sentencing commission.
30 (f) The council shall appoint a standing local government advisory
31 group to consult and advise the council concerning local government
32 criminal justice issues and the impact of state criminal justice policy and
33 decisions on local units of government. The advisory group shall consist
34 of a sheriff, chief of police, county or district attorney, city governing body
35 and a county commissioner. Appointees to such advisory group shall serve
36 without compensation or reimbursement for travel and subsistence or any
37 other expenses.
38 (g) The council shall form a task force to study and develop policies
39 and recommendations regarding the juvenile justice system, including
40 issues of jurisdiction, placement, intake and assessment processes, dis-
41 positional alternatives, financing strategies, availability of mental health
42 services and work processes and case loads of social workers and court
43 services officers, the implications of a youth authority and any other issues
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1 affecting children in need of care as defined in K.S.A. 38-1501 et seq.
2 and juvenile offenders as defined in K.S.A. 38-1601 et seq. and amend-
3 ments thereto. The task force shall consist of the following members:
4 Executive director of the corporation for change or designee, chair of the
5 advisory committee on juvenile offender programs or designee, commis-
6 sioner of youth services of the department of social and rehabilitation
7 services or designee; additional members to be selected by the council
8 shall include a director of a community corrections program, a juvenile
9 judge, a prosecuting attorney, an attorney who represents juveniles, a
10 deputy secretary of corrections, a court services officer, and a sheriff or
11 chief of police. The corporation for change and the division of youth
12 services of the state department of social and rehabilitation services shall
13 each assign one full-time equivalent staff member to the council or, in
14 the case of the corporation for change, the equivalent of such by more
15 than one staff member or other, for a period of one year, which staff shall
16 be approved by the council and perform duties as assigned by and func-
17 tion under the direction of the executive director of the staff of the coun-
18 cil, while continuing to be compensated by the agency by which em-
19 ployed. The task force shall submit a preliminary report to the council,
20 and the council shall report to the chairperson of the senate and house
21 committee on judiciary during the interim session of the 1995 legislature.
22 A final report shall be submitted to the legislature on or before February
23 1, 1995. The task force shall cease to exist on June 30, 1995.
24 (h) (g) The council shall form a task force to study the consolidation
25 of probation, parole and community corrections services.
26 (i) (h) When analyzing criminal justice issues and performing criminal
27 justice studies, the council shall form such task groups as necessary and
28 shall appoint individuals who appropriately represent law enforcement,
29 the judiciary, legal profession, state, local, or federal government, the
30 public, or other professions or groups as determined by the council, to
31 represent the various aspects of the issue being analyzed or studied.
32 Members of the legislature may be appointed ex officio members to such
33 task groups. A member of the council shall serve as the chairperson of
34 each task group appointed by the council. The council may appoint other
35 members of the council to any task group formed by the council.
36 (j) (i) The council shall review reports submitted by each task group
37 named by the council and shall submit the report with the council's rec-
38 ommendations pertaining thereto to the governor, chief justice of the
39 supreme court, the chief clerk of the house of representatives and the
40 secretary of the senate.
41 Sec. 14. K.S.A. 1996 Supp. 75-2935 is hereby amended to read as
42 follows: 75-2935. The civil service of the state of Kansas is hereby divided
43 into the unclassified and the classified services.
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1 (1) The unclassified service comprises positions held by state officers
2 or employees who are:
3 (a) Chosen by election or appointment to fill an elective office;
4 (b) members of boards and commissions, heads of departments re-
5 quired by law to be appointed by the governor or by other elective offi-
6 cers, and the executive or administrative heads of offices, departments,
7 divisions and institutions specifically established by law;
8 (c) except as otherwise provided under this section, one personal sec-
9 retary to each elective officer of this state, and in addition thereto, 10
10 deputies, clerks or employees designated by such elective officer;
11 (d) all employees in the office of the governor;
12 (e) officers and employees of the senate and house of representatives
13 of the legislature and of the legislative coordinating council and all officers
14 and employees of the office of revisor of statutes, of the legislative re-
15 search department, of the division of legislative administrative services,
16 of the division of post audit and the legislative counsel;
17 (f) chancellor, president, deans, administrative officers, student
18 health service physicians, pharmacists, teaching and research personnel,
19 health care employees and student employees in the institutions under
20 the state board of regents, the executive officer of the board of regents
21 and the executive officer's employees other than clerical employees, and,
22 at the discretion of the state board of regents, directors or administrative
23 officers of departments and divisions of the institution and county exten-
24 sion agents, except that this subsection (1)(f) shall not be construed to
25 include the custodial, clerical or maintenance employees, or any employ-
26 ees performing duties in connection with the business operations of any
27 such institution, except administrative officers and directors; as used in
28 this subsection (1)(f), ``health care employees'' means employees of the
29 university of Kansas medical center who provide health care services at
30 the university of Kansas medical center and who are medical technicians
31 or technologists or respiratory therapists, who are licensed professional
32 nurses or licensed practical nurses, or who are in job classes which are
33 designated for this purpose by the chancellor of the university of Kansas
34 upon a finding by the chancellor that such designation is required for the
35 university of Kansas medical center to recruit or retain personnel for
36 positions in the designated job classes; and employees of any institution
37 under the state board of regents who are medical technologists;
38 (g) operations, maintenance and security personnel employed to im-
39 plement agreements entered into by the adjutant general and the federal
40 national guard bureau, and officers and enlisted persons in the national
41 guard and the naval militia;
42 (h) persons engaged in public work for the state but employed by
43 contractors when the performance of such contract is authorized by the
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1 legislature or other competent authority;
2 (i) persons temporarily employed or designated by the legislature or
3 by a legislative committee or commission or other competent authority
4 to make or conduct a special inquiry, investigation, examination or in-
5 stallation;
6 (j) officers and employees in the office of the attorney general and
7 special counsel to state departments appointed by the attorney general,
8 except that officers and employees of the division of the Kansas bureau
9 of investigation shall be in the classified or unclassified service as provided
10 in K.S.A. 75-711 and amendments thereto;
11 (k) all employees of courts;
12 (l) client, patient and inmate help in any state facility or institution;
13 (m) all attorneys for boards, commissions and departments;
14 (n) the secretary and assistant secretary of the Kansas state historical
15 society;
16 (o) physician specialists, dentists, dental hygienists, pharmacists,
17 medical technologists and long term care workers employed by the de-
18 partment of social and rehabilitation services;
19 (p) physician specialists, dentists and medical technologists employed
20 by any board, commission or department or by any institution under the
21 jurisdiction thereof;
22 (q) student employees enrolled in public institutions of higher learn-
23 ing;
24 (r) administrative officers, directors and teaching personnel of the
25 state board of education and the state department of education and of
26 any institution under the supervision and control of the state board of
27 education, except that this subsection (1)(r) shall not be construed to
28 include the custodial, clerical or maintenance employees, or any employ-
29 ees performing duties in connection with the business operations of any
30 such institution, except administrative officers and directors;
31 (s) all officers and employees in the office of the secretary of state;
32 (t) one personal secretary and one special assistant to the following:
33 The secretary of administration, the secretary of aging, the secretary of
34 agriculture, the secretary of commerce and housing, the secretary of cor-
35 rections, the secretary of health and environment, the superintendent of
36 the Kansas highway patrol, the secretary of human resources, the secre-
37 tary of revenue, the secretary of social and rehabilitation services, the
38 secretary of transportation and the secretary of wildlife and parks;
39 (u) one personal secretary and one special assistant to the chancellor
40 and presidents of institutions under the state board of regents;
41 (v) one personal secretary and one special assistant to the executive
42 vice chancellor of the university of Kansas medical center;
43 (w) one public information officer and one chief attorney for the fol-
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1 lowing: The department of administration, the department on aging, the
2 department of agriculture, the department of commerce and housing, the
3 department of corrections, the department of health and environment,
4 the department of human resources, the department of revenue, the de-
5 partment of social and rehabilitation services, the department of trans-
6 portation and the Kansas department of wildlife and parks;
7 (x) civil service examination monitors;
8 (y) one executive director, one general counsel and one director of
9 public affairs and consumer protection in the office of the state corpo-
10 ration commission;
11 (z) specifically designated by law as being in the unclassified service;
12 and
13 (aa) all officers and employees of Kansas, Inc., and the Kansas tech-
14 nology enterprise corporation and the corporation for change.
15 (2) The classified service comprises all positions now existing or here-
16 after created which are not included in the unclassified service. Appoint-
17 ments in the classified service shall be made according to merit and fitness
18 from eligible pools which so far as practicable shall be competitive. No
19 person shall be appointed, promoted, reduced or discharged as an officer,
20 clerk, employee or laborer in the classified service in any manner or by
21 any means other than those prescribed in the Kansas civil service act and
22 the rules adopted in accordance therewith.
23 (3) For positions involving unskilled, or semiskilled duties, the sec-
24 retary of administration, as provided by law, shall establish rules and reg-
25 ulations concerning certifications, appointments, layoffs and reemploy-
26 ment which may be different from the rules and regulations established
27 concerning these processes for other positions in the classified service.
28 (4) Officers authorized by law to make appointments to positions in
29 the unclassified service, and appointing officers of departments or insti-
30 tutions whose employees are exempt from the provisions of the Kansas
31 civil service act because of the constitutional status of such departments
32 or institutions shall be permitted to make appointments from appropriate
33 pools of eligibles maintained by the division of personnel services.
34 Sec. 15. K.S.A. 1996 Supp. 75-2935b is hereby amended to read as
35 follows: 75-2935b. Salaries and other compensation of all persons who
36 are within the unclassified service of the Kansas civil service act, and
37 which salaries and other compensation are not fixed by statute, shall be
38 subject to the approval of the governor and such salaries or other com-
39 pensation shall not be paid until approved by the governor. The provisions
40 of this section shall not apply to the salaries and other compensation of
41 any officer or employee when such salary or other compensation is spe-
42 cifically prescribed by law, nor to officers and employees of elected state
43 officials, officers and employees under the jurisdiction of the state board
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1 of regents, the executive secretary and other employees of the Kansas
2 public employees retirement system that are in the unclassified service
3 as specified under K.S.A. 74-4908 and amendments thereto, officers and
4 employees of Kansas, Inc., the Kansas technology enterprise corporation
5 and the Kansas corporation for change, officers and employees under the
6 jurisdiction of the supreme court, legislative officers and employees or
7 officers and employees of any agency performing functions and duties
8 primarily for the legislative branch.
9 Sec. 16. K.S.A. 20-1a11, 38-1801, 38-1802, 38-1803, 38-1805, 38-
10 1806, 38-1809, 38-1810 and 38-1811, K.S.A. 1995 Supp. 74-9501, as
11 amended by section 127 of chapter 229 of the 1996 Session Laws of
12 Kansas and K.S.A. 1996 Supp. 38-1804, 38-1807, 38-1808, 75-2935 and
13 75-2935b are hereby repealed.
14 Sec. 17. This act shall take effect and be in force from and after its
15 publication in the statute book.