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 9  AN ACT concerning state officers and employees; relating to the state
10    civil service; amending K.S.A. 1996 Supp. 75-2935 and repealing the
11    existing section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 1996 Supp. 75-2935 is hereby amended to read as
15  follows: 75-2935. The civil service of the state of Kansas is hereby divided
16  into the unclassified and the classified services.
17    (1)  The unclassified service comprises positions held by state officers
18  or employees who are:
19    (a)  Chosen by election or appointment to fill an elective office;
20    (b)  members of boards and commissions, heads of departments re-
21  quired by law to be appointed by the governor or by other elective offi-
22  cers, and the executive or administrative heads of offices, departments,
23  divisions and institutions specifically established by law;
24    (c)  except as otherwise provided under this section, one personal sec-
25  retary to each elective officer of this state, and in addition thereto, 10
26  deputies, clerks or employees designated by such elective officer;
27    (d)  all employees in the office of the governor;
28    (e)  officers and employees of the senate and house of representatives
29  of the legislature and of the legislative coordinating council and all officers
30  and employees of the office of revisor of statutes, of the legislative re-
31  search department, of the division of legislative administrative services,
32  of the division of post audit and the legislative counsel;
33    (f)  chancellor, president, deans, administrative officers, student
34  health service physicians, pharmacists, teaching and research personnel,
35  health care employees and student employees in the institutions under
36  the state board of regents, the executive officer of the board of regents
37  and the executive officer's employees other than clerical employees, and,
38  at the discretion of the state board of regents, directors or administrative
39  officers of departments and divisions of the institution and county exten-
40  sion agents, except that this subsection (1)(f) shall not be construed to
41  include the custodial, clerical or maintenance employees, or any employ-
42  ees performing duties in connection with the business operations of any
43  such institution, except administrative officers and directors; as used in
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 1  this subsection (1)(f), ``health care employees'' means employees of the
 2  university of Kansas medical center who provide health care services at
 3  the university of Kansas medical center and who are medical technicians
 4  or technologists or respiratory therapists, who are licensed professional
 5  nurses or licensed practical nurses, or who are in job classes which are
 6  designated for this purpose by the chancellor of the university of Kansas
 7  upon a finding by the chancellor that such designation is required for the
 8  university of Kansas medical center to recruit or retain personnel for
 9  positions in the designated job classes; and employees of any institution
10  under the state board of regents who are medical technologists;
11    (g)  operations, maintenance and security personnel employed to im-
12  plement agreements entered into by the adjutant general and the federal
13  national guard bureau, and officers and enlisted persons in the national
14  guard and the naval militia;
15    (h)  persons engaged in public work for the state but employed by
16  contractors when the performance of such contract is authorized by the
17  legislature or other competent authority;
18    (i)  persons temporarily employed or designated by the legislature or
19  by a legislative committee or commission or other competent authority
20  to make or conduct a special inquiry, investigation, examination or in-
21  stallation;
22    (j)  officers and employees in the office of the attorney general and
23  special counsel to state departments appointed by the attorney general,
24  except that officers and employees of the division of the Kansas bureau
25  of investigation shall be in the classified or unclassified service as provided
26  in K.S.A. 75-711 and amendments thereto;
27    (k)  all employees of courts;
28    (l)  client, patient and inmate help in any state facility or institution;
29    (m)  all attorneys for boards, commissions and departments;
30    (n)  the secretary and assistant secretary of the Kansas state historical
31  society;
32    (o)  physician specialists, dentists, dental hygienists, pharmacists,
33  medical technologists and long term care workers employed by the de-
34  partment of social and rehabilitation services;
35    (p)  physician specialists, dentists and medical technologists employed
36  by any board, commission or department or by any institution under the
37  jurisdiction thereof;
38    (q)  student employees enrolled in public institutions of higher learn-
39  ing;
40    (r)  administrative officers, directors and teaching personnel of the
41  state board of education and the state department of education and of
42  any institution under the supervision and control of the state board of
43  education, except that this subsection (1)(r) shall not be construed to
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 1  include the custodial, clerical or maintenance employees, or any employ-
 2  ees performing duties in connection with the business operations of any
 3  such institution, except administrative officers and directors;
 4    (s)  all officers and employees in the office of the secretary of state;
 5    (t)  one personal secretary and one special assistant to the following:
 6  The secretary of administration, the secretary of aging, the secretary of
 7  agriculture, the secretary of commerce and housing, the secretary of cor-
 8  rections, the secretary of health and environment, the superintendent of
 9  the Kansas highway patrol, the secretary of human resources, the secre-
10  tary of revenue, the secretary of social and rehabilitation services, the
11  secretary of transportation and the secretary of wildlife and parks;
12    (u)  one personal secretary and one special assistant to the chancellor
13  and presidents of institutions under the state board of regents;
14    (v)  one personal secretary and one special assistant to the executive
15  vice chancellor of the university of Kansas medical center;
16    (w)  one public information officer and one chief attorney for the fol-
17  lowing: The department of administration, the department on aging, the
18  department of agriculture, the department of commerce and housing, the
19  department of corrections, the department of health and environment,
20  the department of human resources, the department of revenue, the de-
21  partment of social and rehabilitation services, the department of trans-
22  portation and the Kansas department of wildlife and parks;
23    (x)  civil service examination monitors;
24    (y)  one executive director, one general counsel and one director of
25  public affairs and consumer protection in the office of the state corpo-
26  ration commission;
27    (z)  specifically designated by law as being in the unclassified service;
28  and
29    (aa)  all officers and employees of Kansas, Inc., the Kansas technology
30  enterprise corporation and the corporation for change.; and
31    (bb)  any position classified as an information resource manager III
32  that becomes vacant on or after the effective date of this act. Nothing in
33  this section shall affect the classified status of any employee employed in
34  an information resource manager III position in the classified service on
35  the date immediately preceding the effective date of this act, and the
36  unclassified status shall apply only to persons appointed to such positions
37  on or after the effective date of this act.
38    (2)  The classified service comprises all positions now existing or here-
39  after created which are not included in the unclassified service. Appoint-
40  ments in the classified service shall be made according to merit and fitness
41  from eligible pools which so far as practicable shall be competitive. No
42  person shall be appointed, promoted, reduced or discharged as an officer,
43  clerk, employee or laborer in the classified service in any manner or by
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 1  any means other than those prescribed in the Kansas civil service act and
 2  the rules adopted in accordance therewith.
 3    (3)  For positions involving unskilled, or semiskilled duties, the sec-
 4  retary of administration, as provided by law, shall establish rules and reg-
 5  ulations concerning certifications, appointments, layoffs and reemploy-
 6  ment which may be different from the rules and regulations established
 7  concerning these processes for other positions in the classified service.
 8    (4)  Officers authorized by law to make appointments to positions in
 9  the unclassified service, and appointing officers of departments or insti-
10  tutions whose employees are exempt from the provisions of the Kansas
11  civil service act because of the constitutional status of such departments
12  or institutions shall be permitted to make appointments from appropriate
13  pools of eligibles maintained by the division of personnel services.
14    Sec. 2.  K.S.A. 1996 Supp. 75-2935 is hereby repealed.
15    Sec. 3.  This act shall take effect and be in force from and after its
16  publication in the Kansas register.