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10  AN ACT concerning state officers and employees; relating to certain pay-
11    roll deductions; amending K.S.A. 75-5501, 75-5530 and 75-5531 and
12    K.S.A. 1996 Supp. 75-5532 and 75-5536 and repealing the existing
13    sections; also repealing K.S.A. 75-5533.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    Section 1.  K.S.A. 75-5501 is hereby amended to read as fol-
17  lows: 75-5501. (a) The director of accounts and reports shall for-
18  mulate a system of payroll accounting, including timekeeping, pay-
19  roll calculation and pay distribution (delivery) and labor cost
20  distribution and analysis, and shall install and operate such system
21  of payroll accounting for all state agencies. The system shall in-
22  clude provision for centralized records, which shall include payroll
23  data for all individuals which with the common law employer-em-
24  ployee relationship is created by agencies of the state of Kansas
25  and which shall be coordinated with records maintained by the
26  division of personnel services and other state agencies. If biweekly
27  payroll periods are established under K.S.A. 75-5501a and amend-
28  ments thereto, the system of payroll accounting shall be modified to
29  implement such biweekly payroll periods. State agencies shall util-
30  ize the system of payroll accounting to the extent prescribed by
31  the director of accounts and reports, and shall submit such reports
32  and statements as may be required by the director in order to carry
33  out the provisions of this act. The director of accounts and reports
34  shall design, revise and direct the use of records and procedures
35  and prescribe classifications of coding payroll data, methods of
36  funding labor cost through the central payroll account and a sys-
37  tem of prepayment and postpayment debit and credit transactions
38  and entries on the records created from payroll data and the nec-
39  essary forms to be used by all state agencies in connection with
40  such system of payroll accounting. The payroll system so designed
41  shall include generally accepted accounting principles of internal
42  check, and may include timekeeping for attendance and perform-
43  ance, as prescribed in this act.
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 1    (b)  The director of accounts and reports shall provide, as a part
 2  of the system of payroll accounting, a plan for the deduction from
 3  the salary or wages of an amount equal to regular membership
 4  dues for state officers and employees who are members of the
 5  Kansas troopers association or who are in any employee organi-
 6  zation which has filed an annual report pursuant to K.S.A. 75-4337
 7  and amendments thereto or which has a business agent registered
 8  pursuant to K.S.A. 75-4336 and amendments thereto. No fees or other
 9  amounts shall be charged or collected by the state for any expenses that
10  may be incurred by the state for the payroll deductions for the purpose
11  of the membership dues deduction. Such plan, in addition to such pro-
12  visions as are negotiated by the director of accounts and reports
13  and the employee organization, shall provide for:
14    (1)  A written authorization-assignment by a state officer or em-
15  ployee prior to any dues deduction from the salary or wages of
16  such officer or employee, which authorization-assignment shall re-
17  main effective for not less than 180 days and shall be terminated
18  at any time thereafter upon 30 days' prior notice by the state of-
19  ficer or employee of termination of the authorization-assignment;
20    (2)  change in the amount of regular membership dues to be
21  deducted, but not more often than twice in any fiscal year;
22    (3)  renewal of an authorization-assignment by an officer or em-
23  ployee after termination of a prior authorization-assignment upon
24  90 days' prior notice by the officer or employee who has termi-
25  nated a membership dues deduction; and
26    (4)  payment of all moneys deducted each payroll period pur-
27  suant to this section to the employee organization less the amount
28  of actual direct expenses incurred by this state for the membership dues
29  deduction.
30    Section 1. Sec. 2.  K.S.A. 75-5530 is hereby amended to read as fol-
31  lows: 75-5530. (a) Upon receipt of written authorization by any state em-
32  ployee, the director of accounts and reports shall make periodic deduc-
33  tions of amounts as specified in such authorization from the salary or
34  wages of such state employee for the purposes of purchasing United
35  States savings bonds and. The director of accounts and reports shall make
36  payments of such amounts in accordance with such authorization and the
37  payroll deduction plan adopted pursuant to subsection (b). Any amounts
38  deducted from the salary or wages of such state employee pursuant to
39  such authorization shall be subject to the maximum and minimum
40  amounts established by rules and regulations adopted pursuant to sub-
41  section (c). Any such written authorization may be withdrawn or modified
42  by such state employee upon filing written notice of such withdrawal or
43  modification in the manner and at the times prescribed in rules and reg-
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 1  ulations adopted pursuant to subsection (c).
 2    (b)  The director of accounts and reports shall establish a payroll de-
 3  duction plan for the purchase of United States savings bonds by state
 4  employees. Such plan shall be administered by the director of accounts
 5  and reports in accordance with rules and regulations adopted pursuant to
 6  subsection (c) and such additional accounting procedures as may be pre-
 7  scribed by the director of accounts and reports.
 8    (c)  The secretary of administration, upon the recommendation of the
 9  director of accounts and reports, shall adopt rules and regulations as pro-
10  vided in K.S.A. 75-3706 and amendments thereto for the implementation
11  and administration of this act. Such rules and regulations shall include
12  maximum and minimum limitations on the amounts to be deducted from
13  the salary or wages of any state employee and provisions for the modifi-
14  cation or withdrawal of any authorization to make periodic deductions for
15  the purchase of United States savings bonds under this act.
16    (d)  As used in this act, the term ``state employee'' or ``employee''
17  means any appointed or elective officer or employee of the state of Kansas
18  whose employment is not seasonal or temporary and whose employment
19  requires at least one thousand (1,000) hours of work per year.
20    Sec. 2 3.  K.S.A. 75-5531 is hereby amended to read as follows: 75-
21  5531. As used in K.S.A. 75-5531 to 75-5534, inclusive, and amendments
22  thereto:
23    (a)  ``State employee'' or ``employee'' means any appointed or elective
24  officer or any employee of the state of Kansas whose employment is not
25  seasonal or temporary and whose employment requires at least one thou-
26  sand (1,000) hours of work per year; and
27    (b)  ``united way organization'' means the organization conducting a
28  single, annual, consolidated effort to secure funds for distribution to agen-
29  cies engaged in charitable or, public health, welfare or service purposes,
30  which commonly is known as the united way. Such term includes the
31  united fund, the community chest or any other organization which serves
32  in communities or areas of the state where the united way is not organ-
33  ized.
34    Sec. 4.  K.S.A. 1996 Supp. 75-5532 is hereby amended to read
35  as follows: 75-5532. (a) Upon notification of an employing agency's
36  receipt of written authorization by any state employee, the direc-
37  tor of accounts and reports shall make periodic deductions of
38  amounts as specified in such authorization from the salary or
39  wages of such state employee for the purpose of contributing to a
40  united way organization and shall make payments of such amounts
41  in accordance with such authorization and the payroll deduction
42  plan adopted under subsection (b). Any amounts deducted from
43  the salary or wages of such state employee pursuant to such au-
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 1  thorization shall be subject to the maximum and minimum
 2  amounts established by rules and regulations adopted under
 3  K.S.A. 75-5534 and amendments thereto. Any such written au-
 4  thorization may be withdrawn or modified by such state employee
 5  upon filing written notice of withdrawal or modification in the
 6  manner and at the times prescribed in rules and regulations
 7  adopted under K.S.A. 75-5534 and amendments thereto.
 8    (b)  As part of the system of payroll accounting formulated un-
 9  der K.S.A. 75-5501 and amendments thereto, the director of ac-
10  counts and reports shall establish a payroll deduction plan for the
11  purpose of making contributions to united way organizations by
12  state employees. Such plan shall be administered by the director
13  of accounts and reports in accordance with rules and regulations
14  adopted under K.S.A. 75-5534 and amendments thereto and such
15  additional accounting procedures as may be prescribed by the di-
16  rector of accounts and reports.
17    (c)  No fees or other amounts shall be charged or collected by the state
18  for any expenses that may be incurred by the state for payroll deductions
19  for the purpose of making contributions to united way organizations by
20  state employees.
21    Sec. 5.  K.S.A. 1996 Supp. 75-5536 is hereby amended to read
22  as follows: 75-5536. (a) As used in this section, ``agency payroll
23  deduction'' means a payroll deduction established by a state
24  agency from the salary or wages of a state employee of the state
25  agency for (1) payment of fees, charges or other payments owed
26  to a state agency, (2) contributions to the endowment association
27  or foundation for a state agency which is a state educational insti-
28  tution, as defined by K.S.A. 76-711 and amendments thereto, and
29  which employs the state employee, or (3) other payments for which
30  the employee's state agency has been performing a function of
31  receiving payments for distribution to another firm or entity and
32  such function was ongoing prior to January 1, 1990. ``Agency pay-
33  roll deduction'' shall not include any deduction directly affecting
34  amounts to be withheld or reported for federal, state and local
35  income taxes.
36    (b)  A state agency may establish an agency payroll deduction
37  plan pursuant to this section. Each proposed agency payroll de-
38  duction plan shall be submitted to the director of accounts and
39  reports, who shall review the plan and then forward a copy to the
40  secretary of administration together with any recommendations
41  and comments. The plan shall specify the conditions, limitations
42  and restrictions applicable to the plan. The conditions, limitations
43  and restrictions of the plan may include, but are not limited to,
SB 103--Am. by H
                                     

 1  maximum and minimum limitations on the amount to be deducted
 2  from the salaries or wages and provisions for the modification or
 3  withdrawal of any authorization for any agency payroll deduction
 4  by an employee.
 5    (c)  Implementation or continuation of any agency payroll de-
 6  duction plan shall be subject to the approval of the secretary of
 7  administration to assure that adequate data processing and ac-
 8  counting resources are available for proper functioning of the
 9  plan.
10    (d)  An agency payroll deduction plan established pursuant to
11  this section shall be administered by the state agency establishing
12  the plan in accordance with this section and in accordance with
13  the accounting and payroll procedures approved for such plan by
14  the director of accounts and reports.
15    (e)  No payroll deduction shall be made from the salary or
16  wages of any employee under an agency payroll deduction plan
17  except upon written authorization of such employee. Any amounts
18  deducted from the salary or wages of an employee may be subject
19  to maximum and minimum amounts which are established by the
20  state agency under this section. Any such written authorization
21  may be withdrawn or modified by the employee upon filing written
22  notice of such withdrawal of modification in the manner and at the
23  times prescribed by the state agency under the agency payroll de-
24  duction plan established under this section.
25    (f)  Except as otherwise specifically authorized by statute, no fees or
26  other amounts shall be charged or collected by any state agency for any
27  expenses that may be incurred by any state agency under any agency
28  payroll deduction plan for payroll deductions for the purposes of state
29  employee membership dues deductions under K.S.A. 75-5501 and amend-
30  ments thereto or for the purposes of making contributions to united way
31  organizations by state employees under K.S.A. 75-5531 through 75-5534
32  and amendments thereto.
33    Sec. 3 6.  K.S.A. 75-5530 and 75-5531 75-5501, 75-5530, 75-5531
34  and 75-5533 and K.S.A. 1996 Supp. 75-5532 and 75-5536 are hereby
35  repealed.
36    Sec. 4 7.  This act shall take effect and be in force from and after its
37  publication in the statute book.