As Amended by Senate Committee
         

          Session of 1998
                   
Substitute for HOUSE BILL No. 2704
         
By Committee on Appropriations
         
3-10
          10             AN ACT concerning information technology state agencies, officers
11             and employees; relating to development, management, coordination
12             and planning for the utilization of the state's information technology
13             resources; establishing the information technology executive council,
14             the office of chief information technology architect and certain offices
15             of chief information positions of chief information technology of-
16             ficer, and prescribing the powers and duties thereof; abolishing the
17             office of the chief information architect and the Kansas information
18             resources council; transferring certain state officers; renaming the joint
19             committee on computers and telecommunications as the joint com-
20             mittee on information technology and relating to the organization
21             thereof; relating to state civil service; concerning eligibility of
22             certain officers and employees for representation by employee
23             organizations and eligibility of certain officers and employees for
24             the state health care benefits program; amending K.S.A. 46-2101,
25             46-2102, 75-4703, 75-4707, 75-4709, 75-5147 75-2935, 75-4322,
26             75-4703, 75-4707, 75-4709, 75-5147, 75-6301, 75-6501 and 76-
27             3,100 and repealing the existing sections; also repealing K.S.A. 75-
28             4706, 75-4740, 75-4741, 75-4742, 75-4743 and 75-4744.
29            
30       Be it enacted by the Legislature of the State of Kansas:
31           New Section 1. As used in sections 1 through 12, and amendments
32       thereto:
33           (a) ``Cumulative cost'' means the total expenditures, from all sources,
34       for any information technology project by one or more state agencies to
35       meet project objectives from project start to project completion or the
36       date and time the project is terminated if it is not completed.
37           (b) ``Executive agency'' means any state agency in the executive
38       branch of government.
39           (c) ``Information technology project'' means a project for a major
40       computer, telecommunications or other information technology improve-
41       ment with an estimated cumulative cost of $250,000 or more and includes
42       any such project that has proposed expenditures for: (1) New or replace-
43       ment equipment or software; (2) upgrade improvements to existing

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  1       equipment and any computer systems, programs or software upgrades
  2       therefor; or (3) data or consulting or other professional services for such
  3       a project. ``Information technology project'' does not include any project
  4       for which all expenditures are payable wholly from either moneys of a
  5       political or taxing subdivision of the state or state grants to a political or
  6       taxing subdivision of the state, or both.
  7           (d) ``Information technology project change or overrun'' means any
  8       of the following:
  9           (1) Any change in planned expenditures for an information technol-
10       ogy project that would result in the total authorized cost of the project
11       being increased above the currently authorized cost of such project by
12       more than either $1,000,000 or 10% of such currently authorized cost of
13       such project, whichever is lower;
14           (2) any change in the scope of an information technology project, as
15       such scope was presented to and reviewed by the joint committee or the
16       chief information technology officer to whom the project was submitted
17       pursuant to section 9 and amendments thereto; or
18           (3) any change in the proposed use of any new or replacement infor-
19       mation technology equipment or in the use of any existing information
20       technology equipment that has been significantly upgraded.
21           (e) ``Joint committee'' means the joint committee on information
22       technology.
23           (f) ``Judicial agency'' means any state agency in the judicial branch of
24       government.
25           (g) ``Legislative agency'' means any state agency in the legislative
26       branch of government.
27           (h) ``Project'' means a planned series of events or activities that is
28       intended to accomplish a specified outcome in a specified time period,
29       under consistent management direction within a state agency or shared
30       among two or more state agencies, and that has an identifiable budget
31       for anticipated expenses.
32           (i) ``Project completion'' means the date and time when the head of
33       a state agency having primary responsibility for an information technology
34       project certifies that the improvement being produced or altered under
35       the project is ready for operational use.
36           (j) ``Project start'' means the date and time when a state agency begins
37       a formal study of a business process or technology concept to assess the
38       needs of the state agency, determines project feasibility or prepares an
39       information technology project budget estimate under section 9 and
40       amendments thereto.
41           (k) ``State agency'' means any state office or officer, department,
42       board, commission, institution or bureau, or any agency, division or unit
43       thereof.

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  1           New Sec. 2. (a) There is hereby established the information tech-
  2       nology executive council which shall be attached to the department of
  3       administration for purposes of administrative functions.
  4           (b) The council shall be composed of 17 voting members as follows:
  5       The secretary of administration; two cabinet agency heads; one nonca-
  6       binet agency head; the director of the budget; the executive chief infor-
  7       mation technology officer; the legislative chief information technology
  8       officer; the judicial chief information technology officer and the judicial
  9       administrator of the Kansas supreme court; the executive director of the
10       Kansas board of regents; the commissioner of education; one represen-
11       tative of cities; one representative of counties the network manager of
12       the information network of Kansas (INK) ; and three representatives from
13       the private sector who are chief executive officers or chief information
14       technology officers. The chief information technology architect shall be
15       a nonvoting member of the council. The two cabinet agency heads, the
16       noncabinet agency head, the representative of cities, the representative
17       of counties and the representatives from the private sector shall be ap-
18       pointed by the governor for a term not to exceed 18 months. Upon ex-
19       piration of an appointed member's term, the member shall continue to
20       hold office until the appointment of a successor. Nonappointed members
21       shall serve ex officio.
22           (c) The secretary of administration shall serve as the chairperson of
23       the council.
24           (d) The council shall hold meetings and hearings in the city of Topeka
25       or at such other places as the council designates, on call of the chairperson
26       or on request of four or more members.
27           (e) Members of the council may not appoint an individual to repre-
28       sent them on the council and only members of the council may vote.
29           (f) Members of the council shall not be eligible for compensation,
30       subsistence allowances, mileage or other expenses as provided in K.S.A.
31       75-3223 and amendments thereto for attendance at any meeting of the
32       council or any subcommittee meeting authorized by the council, except
33       that agencies may pay subsistence, mileage and other expenses to their
34       representatives on the council.
35           New Sec. 3. (a) The information technology executive council is
36       hereby authorized to adopt such policies and rules and regulations as
37       necessary to implement, administer and enforce the provisions of this act.
38           (b) The council shall:
39           (1) Adopt: (A) Information technology resource policies and proce-
40       dures and project management methodologies for all state agencies; (B)
41       an information technology architecture, including telecommunications
42       systems, networks and equipment, that covers all state agencies; (C) stan-
43       dards for data management for all state agencies; and (D) a strategic

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  1       information technology management plan for the state;
  2           (2) provide direction and coordination for the application of the
  3       state's information technology resources;
  4           (3) designate the ownership of information resource processes and
  5       the lead agency for implementation of new technologies and networks
  6       shared by multiple agencies in different branches of state government;
  7       and
  8           (4) perform such other functions and duties as necessary to carry out
  9       the provisions of this act.
10           New Sec. 4. (a) There is hereby established, within and as a part of
11       the department of administration, an office of the chief information tech-
12       nology architect, the head of which shall be the chief information tech-
13       nology architect. Under the supervision of the secretary of administration,
14       the chief information technology architect shall administer the office of
15       the chief information technology architect. The chief information tech-
16       nology architect shall be in the unclassified service under the Kansas civil
17       service act, shall be appointed by the secretary of administration, subject
18       to approval of the governor and shall receive compensation in an amount
19       fixed by the secretary of administration, subject to approval of the gov-
20       ernor.
21           (b) The chief information technology architect shall:
22           (1) Propose to the information technology executive council: (A) In-
23       formation technology resource policies and procedures and project man-
24       agement methodologies for all state agencies; (B) an information tech-
25       nology architecture, including telecommunications systems, networks and
26       equipment, that covers all state agencies; (C) standards for data manage-
27       ment for all state agencies; and (D) a strategic information technology
28       management plan for the state;
29           (2) serve as secretary to the information technology executive council;
30       and
31           (3) perform such other functions and duties as provided by law or as
32       directed by the secretary of administration.
33           New Sec. 5. (a) There is hereby established within and as a part of
34       the department of administration the office position of the executive
35       chief information technology officer. The executive chief information
36       technology officer shall be in the unclassified service under the Kansas
37       civil service act, shall be appointed by the secretary of administration,
38       subject to approval of the governor, and shall receive compensation in an
39       amount fixed by the secretary of administration, subject to approval of
40       the governor. The executive chief information technology officer shall
41       maintain a presence in any cabinet established by the governor and shall
42       report to both the governor and the secretary of administration.
43           (b) The executive chief information technology officer shall:

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  1           (1) Review and consult with each executive agency regarding infor-
  2       mation technology plans, deviations from the state information technol-
  3       ogy architecture, information technology project estimates and informa-
  4       tion technology project changes and overruns submitted by such agency
  5       pursuant to section 9 and amendments thereto to determine whether the
  6       agency has complied with: (A) The information technology resource pol-
  7       icies and procedures and project management methodologies adopted by
  8       the information technology executive council; (B) the information tech-
  9       nology architecture adopted by the information technology executive
10       council; (C) the standards for data management adopted by the infor-
11       mation technology executive council; and (D) the strategic information
12       technology management plan adopted by the information technology ex-
13       ecutive council;
14           (2) report to the chief information technology architect all deviations
15       from the state information architecture that are reported to the executive
16       information technology officer by executive agencies;
17           (3) submit recommendations to the division of the budget as to the
18       technical and management merit of information technology project esti-
19       mates and information technology project changes and overruns submit-
20       ted by executive agencies pursuant to section 9 and amendments thereto,
21       based on the determinations made pursuant to subsection (b)(1);
22           (4) monitor executive agencies' compliance with: (A) The information
23       technology resource policies and procedures and project management
24       methodologies adopted by the information technology executive council;
25       (B) the information technology architecture adopted by the information
26       technology executive council; (C) the standards for data management
27       adopted by the information technology executive council; and (D) the
28       strategic information technology management plan adopted by the infor-
29       mation technology executive council;
30           (5) coordinate implementation of new information technology among
31       executive agencies and with the judicial and legislative chief information
32       technology officers;
33           (6) designate the ownership of information resource processes and
34       the lead agency for implementation of new technologies and networks
35       shared by multiple agencies within the executive branch of state govern-
36       ment; and
37           (7) perform such other functions and duties as provided by law or as
38       directed by the secretary of administration.
39           New Sec. 6. (a) There is hereby established within and as a part of
40       the office of the state judicial administrator the office position of judicial
41       chief information technology officer. The judicial chief information tech-
42       nology officer shall be appointed by the judicial administrator, subject to
43       approval of the chief justice, and shall receive compensation determined

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  1       by the judicial administrator, subject to approval of the chief justice.
  2           (b) The judicial chief information technology officer shall:
  3           (1) Review and consult with each judicial agency regarding infor-
  4       mation technology plans, deviations from the state information technol-
  5       ogy architecture, information technology project estimates and informa-
  6       tion technology project changes and overruns submitted by such agency
  7       pursuant to section 9 and amendments thereto to determine whether the
  8       agency has complied with: (A) The information technology resource pol-
  9       icies and procedures and project management methodologies adopted by
10       the information technology executive council; (B) the information tech-
11       nology architecture adopted by the information technology executive
12       council; (C) the standards for data management adopted by the infor-
13       mation technology executive council; and (D) the strategic information
14       technology management plan adopted by the information technology ex-
15       ecutive council;
16           (2) report to the chief information technology architect all deviations
17       from the state information architecture that are reported to the judicial
18       information technology officer by judicial agencies;
19           (3) submit recommendations to the judicial administrator as to the
20       technical and management merit of information technology project esti-
21       mates and information technology project changes and overruns submit-
22       ted by judicial agencies pursuant to section 9 and amendments thereto,
23       based on the determinations pursuant to subsection (b)(1);
24           (4) monitor judicial agencies' compliance with: (A) The information
25       technology resource policies and procedures and project management
26       methodologies adopted by the information technology executive council;
27       (B) the information technology architecture adopted by the information
28       technology executive council; (C) the standards for data management
29       adopted by the information technology executive council; and (D) the
30       strategic information technology management plan adopted by the infor-
31       mation technology executive council;
32           (5) coordinate implementation of new information technology among
33       judicial agencies and with the executive and legislative chief information
34       technology officers;
35           (6) designate the ownership of information resource processes and
36       the lead agency for implementation of new technologies and networks
37       shared by multiple agencies within the judicial branch of state govern-
38       ment; and
39           (7) perform such other functions and duties as provided by law or as
40       directed by the judicial administrator.
41           New Sec. 7. (a) There is hereby established the office position of
42       legislative chief information technology officer under the legislative co-
43       ordinating council, to be a separate legislative agency or to be at-

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  1       tached to another legislative agency, as determined by the legisla-
  2       tive coordinating council.
  3           (b) (1) On the date provided by subsection (b)(2), the officer en-
  4       gaged on such date in the performance of powers, duties and functions
  5       of the chief information technology architect of the department of ad-
  6       ministration shall become the legislative chief information technology of-
  7       ficer of the legislative branch. Such officer shall retain all retirement ben-
  8       efits and leave rights that such officer had under the laws of this state
  9       before such transfer and such officer's service shall be deemed to have
10       been continuous. Thereafter, upon a vacancy in the office, the The leg-
11       islative chief information technology officer shall be appointed by the
12       legislative coordinating council from a panel of three persons selected by
13       the joint committee. In considering persons for nomination, the joint
14       committee shall investigate the persons' experience in order that nomi-
15       nees shall possess the experience and judgment deemed necessary to
16       fulfill the duties and responsibilities of the office. The joint committee
17       shall further make such investigation of persons considered for nomina-
18       tion as will ensure that the nominees are of high professional standing
19       and qualifications.
20           (2) The date of the transfer provided for by this subsection shall be
21       the effective date of this act if the effective date is the start of a payroll
22       period. Otherwise, the date of the transfer shall be the start of the next
23       payroll period beginning after the effective date of this act. The joint
24       committee may recommend one or more persons for consideration
25       by the legislative coordinating council in making the appointment.
26           (c) The legislative chief information technology officer shall receive
27       such compensation as determined by the legislative coordinating council
28       and may be removed by a vote of five members of the legislative coor-
29       dinating council taken at any regular meeting of the council.
30           (d) The legislative chief information technology officer may appoint
31       such employees as authorized by the legislative coordinating council and
32       shall set the compensation of all employees of the office of information
33       technology, subject to the approval of the legislative coordinating council.
34           (e) (d) The legislative chief information technology officer, and any
35       employees of the office of the legislative chief information technology
36       officer specified by the legislative coordinating council, shall receive ex-
37       penses and allowances for in-state and out-of-state travel as is provided
38       by law for members of the legislature. The legislative coordinating council
39       may delegate to the legislative chief information technology officer au-
40       thority to authorize in-state or out-of-state travel of employees of the
41       office of the legislative chief information technology officer. The provi-
42       sions of K.S.A. 75-3208 and amendments thereto shall not apply to any
43       travel so authorized.

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  1           (f) (e) The legislative chief information technology officer and all em-
  2       ployees of the office of the legislative chief information technology officer
  3       shall be in the unclassified service under the Kansas civil service act.
  4           New Sec. 8. (a) The legislative chief information technology officer
  5       shall:
  6           (a) (1) Review and consult with each legislative agency regarding in-
  7       formation technology plans, deviations from the state information tech-
  8       nology architecture, information technology project estimates and infor-
  9       mation technology project changes and overruns submitted by such
10       agency pursuant to section 9 and amendments thereto to determine
11       whether the agency has complied with: (1) (A) The information technol-
12       ogy resource policies and procedures and project management method-
13       ologies adopted by the information technology executive council; (2) (B)
14       the information technology architecture adopted by the information tech-
15       nology executive council; (3) (C) the standards for data management
16       adopted by the information technology executive council; and (4) (D) the
17       strategic information technology management plan adopted by the infor-
18       mation technology executive council;
19           (b) (2) report to the chief information technology architect all devi-
20       ations from the state information architecture that are reported to the
21       legislative information technology officer by legislative agencies;
22           (c) (3) submit recommendations to the legislative coordinating coun-
23       cil as to the technical and management merit of information technology
24       project estimates and information technology project changes and over-
25       runs submitted by legislative agencies pursuant to section 9 and amend-
26       ments thereto, based on the determinations pursuant to subsections sub-
27       section (a);
28           (d) (4) monitor legislative agencies' compliance with: (1) (A) The
29       information technology resource policies and procedures and project
30       management methodologies adopted by the information technology ex-
31       ecutive council; (2) (B) the information technology architecture adopted
32       by the information technology executive council; (3) (C) the standards
33       for data management adopted by the information technology executive
34       council; and (4) (D) the strategic information technology management
35       plan adopted by the information technology executive council;
36           (e) (5) coordinate implementation of new information technology
37       among legislative agencies and with the executive and judicial chief in-
38       formation technology officers;
39           (f) (6) designate the ownership of information resource processes and
40       the lead agency for implementation of new technologies and networks
41       shared by multiple agencies within the legislative branch of state govern-
42       ment;
43           (g) (7) serve as staff of the joint committee; and

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  1           (h) (8) perform such other functions and duties as provided by law
  2       or as directed by the legislative coordinating council or the joint com-
  3       mittee.
  4        (b) Nothing in this section shall be construed to change, dupli-
  5       cate or eliminate any duties or responsibilities of the director of
  6       information services established by policies of the legislative coor-
  7       dinating council.
  8           New Sec. 9. (a) Whenever an agency proposes an information tech-
  9       nology project, such agency shall prepare and submit to the chief infor-
10       mation technology officer of the branch of state government of which the
11       agency is a part of a project budget estimate therefor, and for each amend-
12       ment or revision thereof, in accordance with this section. Each informa-
13       tion technology project budget estimate shall be in such form as required
14       by the director of the budget chief information technology architect
15       and this section. In each case, the agency shall prepare and include as a
16       part of such project budget estimate a plan consisting of a written program
17       statement describing the project. The program statement shall:
18           (1) Include a detailed description of and justification for the project,
19       including: (A) An analysis of the programs, activities and other needs and
20       intended uses for the additional or improved information technology; (B)
21       a statement of project scope including identification of the organizations
22       and individuals to be affected by the project and a definition of the func-
23       tionality to result from the project; and (C) an analysis of the alternative
24       means by which such information technology needs and uses could be
25       satisfied;
26           (2) describe the tasks and schedule for the project and for each phase
27       of the project, if the project is to be completed in more than one phase;
28           (3) include a financial plan showing: (A) The proposed source of
29       funding and categorized expenditures for each phase of the project; and
30       (B) cost estimates for any needs analyses or other investigations, consult-
31       ing or other professional services, computer programs, data, equipment,
32       buildings or major repairs or improvements to buildings and other items
33       or services necessary for the project; and
34           (4) include a cost-benefit statement based on an analysis of qualitative
35       as well as financial benefits.
36           (b) (1) Before one or more state agencies proposing an information
37       technology project begin implementation of the project, the project plan,
38       including the architecture and the cost-benefit analysis, shall be approved
39       by the head of each state agency proposing the project and by the chief
40       information technology officer of each branch of state government of
41       which the agency or agencies are a part. Approval of those projects that
42       involve telecommunications services shall also be subject to the provisions
43       of K.S.A. 75-4709, 75-4710 and 75-4712, and amendments thereto.

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  1           (2) All specifications for bids or proposals related to an approved in-
  2       formation technology project of one or more state agencies shall be re-
  3       viewed by the chief information technology officer of each branch of state
  4       government of which the agency or agencies are a part.
  5           (c) Annually at the time specified by the chief information technology
  6       officer of the branch of state government of which the agency is a part,
  7       each agency shall submit to such officer:
  8           (1) A copy of a three-year strategic information technology plan that
  9       sets forth the agency's current and future information technology needs
10       and utilization plans for the next three ensuing fiscal years, in such form
11       and containing such additional information as prescribed by the chief
12       information technology officer; and
13           (2) any deviations from the state information technology architecture
14       adopted by the information technology executive council.
15           (d) The provisions of this section shall not apply to the information
16       network of Kansas (INK).
17           New Sec. 10. (a) Not later than July 1 of each year, the executive,
18       judicial and legislative chief information technology officers shall submit
19       to the joint committee and to the legislative research department all in-
20       formation technology project budget estimates and amendments and re-
21       visions thereto, all three-year plans and all deviations from the state in-
22       formation technology architecture submitted to such officers pursuant to
23       section 9 and amendments thereto. The legislative chief information tech-
24       nology officer shall review all such estimates and amendments and revi-
25       sions thereto, plans and deviations and shall make recommendations to
26       the joint committee regarding the merit thereof and appropriations there-
27       for.
28           (b) The executive and judicial chief information technology officers
29       shall report to the legislative chief information technology officer, at times
30       agreed upon by the three officers:
31           (1) Progress regarding implementation of information technology
32       projects of state agencies within the executive and judicial branches of
33       state government; and
34           (2) all proposed expenditures for such projects, including all revisions
35       to such proposed expenditures, for the current fiscal year and for ensuing
36       fiscal years.
37           New Sec. 11. (a) The legislative chief information technology officer,
38       under the direction of the joint committee, shall monitor state agency
39       execution of information technology projects and, at times agreed upon
40       by the three chief information technology officers, shall report progress
41       regarding the implementation of such projects and all proposed expend-
42       itures therefor, including all revisions to such proposed expenditures for
43       the current fiscal year and for ensuing fiscal years.

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  1           (b) The head of a state agency with primary responsibility for an in-
  2       formation technology project may authorize or approve, without prior
  3       consultation with the joint committee, any change in planned expendi-
  4       tures for an information technology project that would result in the total
  5       cost of the project being increased above the currently authorized cost of
  6       such project but that increases the total cost of such project by less than
  7       the lower of either $1,000,000 or 10% of the currently authorized cost,
  8       and any change in planned expenditures for an information technology
  9       project involving a cost reduction, other than a change in the proposed
10       use of any new or replacement information technology equipment or in
11       the use of any existing information technology equipment that has been
12       significantly upgraded.
13           (c) The head of a state agency with primary responsibility for an in-
14       formation technology project shall not authorize or approve, without first
15       advising and consulting with the joint committee any information tech-
16       nology project change or overrun. The joint committee shall report all
17       such changes and overruns to the senate standing committee on ways and
18       means and the house standing committee on appropriations.
19           New Sec. 12. (a) The Kansas information resources council estab-
20       lished by K.S.A. 75-4740 and the office of the chief information architect
21       established by K.S.A. 75-4742 are hereby abolished.
22           (b) The unexpended budgeted balance of any appropriation for the
23       Kansas information resources council as a result of any abolishment by
24       this section shall be and is hereby transferred to the information tech-
25       nology executive council created by this act. The unexpended budgeted
26       balance of any appropriation for the position of chief information architect
27       as a result of any abolishment by this section shall be and is hereby trans-
28       ferred to the position of legislative chief information technology officer
29       created by this act legislative coordinating council--operations ac-
30       count.
31           (c) Whenever the Kansas information resources council is referred to
32       or designated by a statute, contract or other document, such reference
33       or designation shall be deemed to apply to the information technology
34       executive council created by this act. Whenever the position of chief in-
35       formation architect or the office of the chief information architect is re-
36       ferred to or designated by a statute, contract or other document, such
37       reference or designation shall be deemed to apply to the position of chief
38       information technology architect or the office of the chief information
39       technology architect created by this act or to the position of executive
40       chief information technology officer, as determined appropriate in ac-
41       cordance with the provisions of this act.
42           (d) The information technology executive council created by this act
43       shall succeed to all property and records that were used for, or pertain

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  1       to, the performance of the powers, duties and functions of the Kansas
  2       information resources council abolished by this act. The office of the chief
  3       information technology architect created by this act shall succeed to all
  4       property and records that were used for, or pertain to, the performance
  5       of the powers, duties and functions of the office of the chief information
  6       architect abolished by this act. Any conflict as to the proper disposition
  7       of such property or records arising under this section and resulting from
  8       the transfer or abolishment of any existing state agency, or the powers,
  9       duties and functions thereof, shall be determined by the governor, whose
10       decision shall be final.
11           (e) Any conflict as to the disposition of any power, function or duty
12       as a result of any abolishment, transfer, attachment or other change made
13       by this act, or under authority of this act, shall be resolved by the governor,
14       and the decision of the governor shall be final.
15           (f) No suit, action, or other proceeding, judicial or administrative,
16       lawfully commenced, or that could have been commenced, by or against
17       the Kansas information resources council, or by or against the office of
18       the chief information architect or the chief information architect in the
19       chief information architect's official capacity or in relation to the discharge
20       of official duties, shall abate by reason of the provisions of this act. The
21       court may allow any such suit, action or other proceeding to be main-
22       tained by or against the information technology executive council, the
23       office of the chief information technology architect or the chief infor-
24       mation technology architect.
25           (g) No criminal action commenced or that could have been com-
26       menced by the state shall abate by the taking effect of this act.
27           Sec. 13. K.S.A. 46-2101 is hereby amended to read as follows: 46-
28       2101. (a) There is hereby established the joint committee on computers
29       and telecommunications information technology which shall be within the
30       legislative branch of state government and which shall be composed of
31       three senators and three members of the house of representatives. One
32       of the senate members shall be appointed by the president of the senate,
33       one of the senate members shall be appointed by the minority leader of
34       the senate and one of the senate members shall be appointed by the
35       chairperson of the committee on ways and means of the senate. One of
36       the representative members shall be appointed by the speaker of the
37       house of representatives, one of the representative members shall be
38       appointed by the minority leader of the house of representatives and one
39       of the representative members shall be appointed by the chairperson of
40       the committee on appropriations of the house of representatives. The
41       members of the joint committee on information technology and the chair-
42       person and vice-chairperson serving in such capacities on the effective
43       date of this act shall continue serving as members and in such capacities,

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  1       respectively, subject to the other provisions of this section.
  2           (b) All members of the joint committee on computers and telecom-
  3       munications information technology shall serve for terms ending on the
  4       first day of the regular legislative session in odd-numbered years. The
  5       joint committee shall organize annually and elect a chairperson and
  6       vice-chairperson in accordance with this subsection. After June 30 in odd-
  7       numbered The chairperson and vice-chairperson serving on the effective
  8       date of this act shall continue to serve in such capacities through January
  9       11, 1999. Thereafter, on and after the first day of the regular legislative
10       session in even-numbered years, the chairperson shall be one of the rep-
11       resentative members of the joint committee elected by the members of
12       the joint committee and the vice-chairperson shall be one of the senate
13       members elected by the members of the joint committee. After June 30
14       in even-numbered and, after the first day of the regular legislative session
15       in odd-numbered years, the chairperson shall be one of the senate mem-
16       bers of the joint committee elected by the members of the joint com-
17       mittee and the vice-chairperson shall be one of the representative mem-
18       bers of the joint committee elected by the members of the joint
19       committee. The chairperson and vice-chairperson of the joint committee
20       shall serve in such capacities until July 1 of the first day of the regular
21       legislative session in the ensuing year. The vice-chairperson shall exercise
22       all of the powers of the chairperson in the absence of the chairperson. If
23       a vacancy occurs in the office of chairperson or vice-chairperson, a mem-
24       ber of the joint committee, who is a member of the same house as the
25       member who vacated the office, shall be elected by the members of the
26       joint committee to fill such vacancy.
27           (c) A quorum of the joint committee on computers and telecom-
28       munications information technology shall be four. All actions of the joint
29       committee shall be taken by a majority of all of the members of the joint
30       committee.
31           (d) The joint committee on computers and telecommunications in-
32       formation technology may meet at any time and at any place within the
33       state on the call of the chairperson.
34           (e) The provisions of the acts contained in article 12 of chapter 46 of
35       the Kansas Statutes Annotated, and amendments thereto, applicable to
36       special committees shall apply to the joint committee on computers and
37       telecommunications information technology to the extent that the same
38       do not conflict with the specific provisions of this act applicable to the
39       joint committee.
40           (f) In accordance with K.S.A. 46-1204 and amendments thereto, the
41       legislative coordinating council may provide for such professional services
42       as may be requested by the joint committee on computers and telecom-
43       munications information technology.

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  1           (g) The joint committee on computers and telecommunications in-
  2       formation technology may introduce such legislation as it deems necessary
  3       in performing its functions.
  4           (h) (1) On the effective date of this act the joint committee on com-
  5       puters and telecommunications shall be and is hereby officially designated
  6       as the joint committee on information technology.
  7           (2) On and after the effective date of this act, whenever the joint
  8       committee on computers and telecommunications, or words of like effect,
  9       is referred to or designated by a statute, contract or other document,
10       created before the effective date of this act, the reference or designation
11       shall mean and apply to the joint committee on information technology.
12           (3) Nothing in this act shall be construed as abolishing or reestablish-
13       ing the joint committee on computers and telecommunications.
14           Sec. 14. K.S.A. 46-2102 is hereby amended to read as follows: 46-
15       2102. In addition to other powers and duties authorized or prescribed by
16       law or by the legislative coordinating council, the joint committee on
17       computers and telecommunications information technology shall:
18           (a) Study the use by state agencies and institutions of computers,
19       telecommunications and other information technologies;
20           (b) review new governmental computer hardware and software ac-
21       quisition, information storage, transmission, processing and telecommu-
22       nications technologies proposed by state agencies and institutions, in-
23       cluding budget estimates for implementation of the same, and make
24       recommendations thereon and the implementation plans therefor, includ-
25       ing all information technology project budget estimates and three-year
26       strategic information technology plans that are submitted to the joint com-
27       mittee pursuant to section 10 and amendments thereto;
28           (c) make recommendations on all such implementation plans, budget
29       estimates and three-year plans to the ways and means committee of the
30       senate and the committee on appropriations of the house of representa-
31       tives;
32           (c) (d) study the progress and results of all newly implemented gov-
33       ernmental computer hardware and software, information storage, trans-
34       mission, processing and telecommunications technologies of state agen-
35       cies and institutions including all information technology projects for state
36       agencies which have been authorized or for which appropriations have
37       been approved by the legislature; and
38           (d) (e) make an annual report to the legislative coordinating council
39       as provided in K.S.A. 46-1207 and amendments thereto and such special
40       reports to committees of the house of representatives and senate as are
41       deemed appropriate by the joint committee.
42           Sec. 15. K.S.A. 75-4703 is hereby amended to read as follows: 75-
43       4703. The secretary of administration may adopt rules and regulations as

Sub. HB 2704--Am. by S

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  1       provided in K.S.A. 75-3706, and amendments thereto, relating to the
  2       following:
  3           (a) Establishment of rates and charges for services performed by the
  4       division of information systems and communications for any other divi-
  5       sion, department, state agency or governmental unit. Such rates and
  6       charges shall be maintained by a cost system in accordance with generally
  7       accepted accounting principles. In determining cost rates for billing to
  8       agencies or governmental units, overhead expenses shall include but not
  9       be limited to light, heat, power, insurance, labor and depreciation. Billings
10       shall include direct and indirect costs and shall be based on the foregoing
11       cost accounting practices.
12           (b) For determination of priorities for services performed by the di-
13       vision of information systems and communications, including authority to
14       decline new projects under specified conditions.
15           (c) Specification of standards for submission of data to be processed
16       by the division of information systems and communications and the pro-
17       grams for processing the data, including authority to decline to process
18       computer programs and projects not conforming to published standards.
19       Such standards shall be consistent with the standards and policies adopted
20       by the information technology executive council under section 3 and
21       amendments thereto.
22           (d) Specification of standards and measures relating to security, con-
23       fidentiality and availability of data processed by the division of information
24       systems and communications. Such standards and measures shall be con-
25       sistent with the standards and policies adopted by the information tech-
26       nology executive council under section 3 and amendments thereto.
27           Sec. 16. K.S.A. 75-4707 is hereby amended to read as follows: 75-
28       4707. Notwithstanding the provisions of K.S.A. 75-3738 and 75-3739 and
29       amendments thereto Subject to the provisions of section 9 and amend-
30       ments thereto, state agencies using information processing equipment un-
31       der lease are hereby authorized to enter into contracts with leasing service
32       companies for purchase by the agency of such equipment with nonstate
33       funds furnished by such leasing service companies and transfer of title to
34       such equipment by the agency to such leasing service company for lease
35       back to the agency. Any such contract shall first be approved by the chief
36       information architect under the supervision of the Kansas information
37       resources council.
38           Sec. 17. K.S.A. 75-4709 is hereby amended to read as follows: 75-
39       4709. (a) The secretary of administration shall provide for and coordinate
40       all telecommunications services for all divisions, departments and agen-
41       cies of the state pursuant to policies established by the Kansas information
42       resources information technology executive council. The secretary of ad-
43       ministration shall have the authority to control the acquisition, retention

Sub. HB 2704--Am. by S

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  1       and use of all telecommunications services for all divisions, departments
  2       and agencies of the state, and to develop and review plans and specifi-
  3       cations for telecommunications services throughout the state.
  4           (b) The secretary of administration, when feasible, may enter into
  5       agreements with any entity defined in this subsection extending to such
  6       entity the use of state intercity telecommunications facilities and services
  7       under the control of the secretary.
  8           As used in this subsection, an ``entity'' means:
  9           (1) Any governmental unit, including any state agency, taxing subdi-
10       vision of the state or municipality; or
11           (2) any hospital or nonprofit corporation which the secretary deter-
12       mines to be performing any state function on an ongoing basis through
13       agreement or otherwise, or any function which will assist a governmental
14       unit in attaining an objective or goal, bearing a valid relationship to powers
15       and functions of such unit.
16           (c) Every record made, maintained or kept by the secretary of ad-
17       ministration or the division of information systems and communications,
18       or any agency or instrumentality thereof, which relates to the acquisition,
19       retention or use of telecommunications services provided to any division,
20       department or agency of the state, state officer or governmental unit and
21       which pertains to individually identifiable individuals using such telecom-
22       munication services shall constitute for purposes of the open records act
23       a record of the division, department or agency of the state, state officer
24       or governmental unit to which such records relate. The official custodian
25       of such records for the purposes of the open records act shall be the
26       official custodian of the records of such division, department or agency
27       of the state, state officer or governmental unit.
28           Sec. 18. K.S.A. 75-5147 is hereby amended to read as follows: 75-
29       5147. The secretary of revenue is hereby authorized to enter into con-
30       tracts to acquire automated tax systems, including computer hardware
31       and software therefor, for use in the registration of taxpayers, processing
32       of remittances and returns, and collection of delinquent taxes and any
33       interest and penalties thereon. Any contracts entered into between the
34       secretary of revenue and vendors of automated tax systems shall provide
35       (1) for payment of fees for the automated tax system on the basis of a
36       percentage of the increase in the amount of taxes, interest and penalties
37       collected which is attributable to the implementation of the automated
38       tax systems as specified by the joint consensus of the director of the
39       budget and the director of the legislative research department under this
40       section or (2) for payment of fees for the automated tax system on a fixed
41       fee contract basis, such fees to be paid from the increase in the amount
42       of taxes, interest and penalties collected which is attributable to the im-
43       plementation of the automated tax systems as specified by the joint con-

Sub. HB 2704--Am. by S

17

  1       sensus of the director of the budget and the director of the legislative
  2       research department under this section. All contracts entered into under
  3       this section shall be entered into pursuant to procurement negotiating
  4       committee procedures as provided in K.S.A. 75-37,102 and amendments
  5       thereto. Prior to publishing or distributing a request for proposal, such
  6       request for proposal shall be reviewed by the joint committee on com-
  7       puters and telecommunications information technology. During each reg-
  8       ular session of the legislature, the secretary of revenue shall submit a
  9       report to the committee on ways and means of the senate and the com-
10       mittee on appropriations of the house of representatives. Such report shall
11       include detailed information on the costs and benefits of implementing
12       automated tax systems during the fiscal year immediately preceding the
13       submission of the report. The report required hereunder shall be made
14       annually until two complete fiscal years have elapsed following full im-
15       plementation of automated tax systems by the secretary of revenue. In
16       addition, the director of the budget and the director of the legislative
17       research department shall prepare annually a joint consensus on the
18       amount of increased tax, interest and penalty collections which are at-
19       tributable to the automated tax system and shall report their findings
20       during each regular session of the legislature to the committee on ways
21       and means of the senate and the committee on appropriations of the
22       house of representatives. Nothing in this section shall prohibit the sec-
23       retary of revenue from acquiring any goods or services through appro-
24       priations for any department of revenue function or program not specif-
25       ically included in any contract entered into pursuant to this section.
26           Sec. 19. K.S.A. 76-3,100 is hereby amended to read as follows: 76-
27       3,100. Each acquisition of data processing hardware or software by the
28       university of Kansas medical center for the university hospital information
29       systems shall be exempt from the provisions of K.S.A. 75-4705, 75-4706,
30       75-4707, 75-4709 and 75-3739 and amendments thereto and shall not be
31       subject to approval under any statute other than those contained in article
32       3 or article 7 of chapter 76 of the Kansas Statutes Annotated. In addition
33       to other procedures, the university of Kansas medical center is hereby
34       authorized to acquire data processing hardware and software for the uni-
35       versity hospital information systems by sole source negotiation. The uni-
36       versity of Kansas medical center shall file with the director of purchases
37       of the department of administration and shall update periodically a plan
38       for future acquisitions under this section. The university of Kansas med-
39       ical center shall submit a written report in each calendar quarter to the
40       secretary of administration, to the chairpersons of the senate committee
41       on ways and means and the house of representatives committee on ap-
42       propriations, and to the joint committee on computers and telecommu-
43       nications information technology on all contracts for acquisition of data

Sub. HB 2704--Am. by S

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  1       processing hardware and software entered into under this section during
  2       such calendar quarter.
  3           Sec. 20. K.S.A. 46-2101, 46-2102, 75-4703, 75-4706, 75-4707, 75-
  4       4709, 75-4740, 75-4741, 75-4742, 75-4743, 75-4744, 75-5147 and 76-
  5       3,100 are hereby repealed.
  6        Sec. 20. K.S.A. 75-2935 is hereby amended to read as follows:
  7       75-2935. The civil service of the state of Kansas is hereby divided
  8       into the unclassified and the classified services.
  9           (1) The unclassified service comprises positions held by state
10       officers or employees who are:
11           (a) Chosen by election or appointment to fill an elective office;
12           (b) members of boards and commissions, heads of departments
13       required by law to be appointed by the governor or by other elective
14       officers, and the executive or administrative heads of offices, de-
15       partments, divisions and institutions specifically established by
16       law;
17           (c) except as otherwise provided under this section, one per-
18       sonal secretary to each elective officer of this state, and in addition
19       thereto, 10 deputies, clerks or employees designated by such elec-
20       tive officer;
21           (d) all employees in the office of the governor;
22           (e) officers and employees of the senate and house of represen-
23       tatives of the legislature and of the legislative coordinating council
24       and all officers and employees of the office of revisor of statutes, of
25       the legislative research department, of the division of legislative
26       administrative services, of the division of post audit and the legis-
27       lative counsel;
28           (f) chancellor, president, deans, administrative officers, student
29       health service physicians, pharmacists, teaching and research per-
30       sonnel, health care employees and student employees in the insti-
31       tutions under the state board of regents, the executive officer of the
32       board of regents and the executive officer's employees other than
33       clerical employees, and, at the discretion of the state board of re-
34       gents, directors or administrative officers of departments and divi-
35       sions of the institution and county extension agents, except that this
36       subsection (1)(f) shall not be construed to include the custodial,
37       clerical or maintenance employees, or any employees performing
38       duties in connection with the business operations of any such insti-
39       tution, except administrative officers and directors; as used in this
40       subsection (1)(f), ``health care employees'' means employees of the
41       university of Kansas medical center who provide health care serv-
42       ices at the university of Kansas medical center and who are medical
43       technicians or technologists or respiratory therapists, who are li-

Sub. HB 2704--Am. by S

19

  1       censed professional nurses or licensed practical nurses, or who are
  2       in job classes which are designated for this purpose by the chan-
  3       cellor of the university of Kansas upon a finding by the chancellor
  4       that such designation is required for the university of Kansas med-
  5       ical center to recruit or retain personnel for positions in the desig-
  6       nated job classes; and employees of any institution under the state
  7       board of regents who are medical technologists;
  8           (g) operations, maintenance and security personnel employed
  9       to implement agreements entered into by the adjutant general and
10       the federal national guard bureau, and officers and enlisted persons
11       in the national guard and the naval militia;
12           (h) persons engaged in public work for the state but employed
13       by contractors when the performance of such contract is authorized
14       by the legislature or other competent authority;
15           (i) persons temporarily employed or designated by the legisla-
16       ture or by a legislative committee or commission or other competent
17       authority to make or conduct a special inquiry, investigation, ex-
18       amination or installation;
19           (j) officers and employees in the office of the attorney general
20       and special counsel to state departments appointed by the attorney
21       general, except that officers and employees of the division of the
22       Kansas bureau of investigation shall be in the classified or unclas-
23       sified service as provided in K.S.A. 75-711 and amendments thereto;
24           (k) all employees of courts;
25           (l) client, patient and inmate help in any state facility or insti-
26       tution;
27           (m) all attorneys for boards, commissions and departments;
28           (n) the secretary and assistant secretary of the Kansas state his-
29       torical society;
30           (o) physician specialists, dentists, dental hygienists, pharma-
31       cists, medical technologists and long term care workers employed
32       by the department of social and rehabilitation services;
33           (p) physician specialists, dentists and medical technologists em-
34       ployed by any board, commission or department or by any insti-
35       tution under the jurisdiction thereof;
36           (q) student employees enrolled in public institutions of higher
37       learning;
38           (r) administrative officers, directors and teaching personnel of
39       the state board of education and the state department of education
40       and of any institution under the supervision and control of the state
41       board of education, except that this subsection (1)(r) shall not be
42       construed to include the custodial, clerical or maintenance employ-
43       ees, or any employees performing duties in connection with the

Sub. HB 2704--Am. by S

20

  1       business operations of any such institution, except administrative
  2       officers and directors;
  3           (s) all officers and employees in the office of the secretary of
  4       state;
  5           (t) one personal secretary and one special assistant to the fol-
  6       lowing: The secretary of administration, the secretary of aging, the
  7       secretary of agriculture, the secretary of commerce and housing,
  8       the secretary of corrections, the secretary of health and environ-
  9       ment, the superintendent of the Kansas highway patrol, the secre-
10       tary of human resources, the secretary of revenue, the secretary of
11       social and rehabilitation services, the secretary of transportation
12       and the secretary of wildlife and parks;
13           (u) one personal secretary and one special assistant to the chan-
14       cellor and presidents of institutions under the state board of regents;
15           (v) one personal secretary and one special assistant to the ex-
16       ecutive vice chancellor of the university of Kansas medical center;
17           (w) one public information officer and one chief attorney for
18       the following: The department of administration, the department on
19       aging, the department of agriculture, the department of commerce
20       and housing, the department of corrections, the department of
21       health and environment, the department of human resources, the
22       department of revenue, the department of social and rehabilitation
23       services, the department of transportation and the Kansas depart-
24       ment of wildlife and parks;
25           (x) civil service examination monitors;
26           (y) one executive director, one general counsel and one director
27       of public affairs and consumer protection in the office of the state
28       corporation commission;
29           (z) specifically designated by law as being in the unclassified
30       service; and
31           (aa) all officers and employees of Kansas, Inc. and the Kansas
32       technology enterprise corporation.; and
33           (bb) any position that is classified as a position in the information
34       resource manager job class series, that is the chief position responsible for
35       all information resources management for a state agency, and that be-
36       comes vacant on or after the effective date of this act. Nothing in this
37       section shall affect the classified status of any employee in the classified
38       service who is employed on the date immediately preceding the effective
39       date of this act in any position that is a classified position in the infor-
40       mation resource manager job class series and the unclassified status as
41       prescribed by this subsection shall apply only to a person appointed to
42       any such position on or after the effective date of this act that is the chief
43       position responsible for all information resources management for a state

Sub. HB 2704--Am. by S

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  1       agency.
  2           (2) The classified service comprises all positions now existing or
  3       hereafter created which are not included in the unclassified service.
  4       Appointments in the classified service shall be made according to
  5       merit and fitness from eligible pools which so far as practicable
  6       shall be competitive. No person shall be appointed, promoted, re-
  7       duced or discharged as an officer, clerk, employee or laborer in the
  8       classified service in any manner or by any means other than those
  9       prescribed in the Kansas civil service act and the rules adopted in
10       accordance therewith.
11           (3) For positions involving unskilled, or semiskilled duties, the
12       secretary of administration, as provided by law, shall establish
13       rules and regulations concerning certifications, appointments, lay-
14       offs and reemployment which may be different from the rules and
15       regulations established concerning these processes for other posi-
16       tions in the classified service.
17           (4) Officers authorized by law to make appointments to posi-
18       tions in the unclassified service, and appointing officers of depart-
19       ments or institutions whose employees are exempt from the provi-
20       sions of the Kansas civil service act because of the constitutional
21       status of such departments or institutions shall be permitted to make
22       appointments from appropriate pools of eligibles maintained by the
23       division of personnel services.
24           Sec. 21. K.S.A. 75-6301 is hereby amended to read as follows:
25       75-6301. (a) There is hereby established the office of the securities
26       commissioner of Kansas. The office shall be administered by the
27       securities commissioner of Kansas who shall be in the unclassified serv-
28       ice under the Kansas civil service act and shall serve at the pleasure of
29       the governor. The securities commissioner shall be appointed by the
30       governor, with the consent of subject to confirmation by the senate as
31       provided in K.S.A. 75-4315b and amendments thereto, shall have special
32       training and qualifications for such position and shall receive such
33       compensation as may be fixed by the governor. The securities com-
34       missioner shall employ, and fix the compensation of, such assistants or
35       clerks as the securities commissioner may from time to time deem nec-
36       essary.
37           (b) The securities commissioner may appoint directors within the of-
38       fice of the securities commissioner as determined necessary by the secu-
39       rities commissioner to effectively carry out the mission of the office. All
40       directors appointed after the effective date of this act shall be in the un-
41       classified service under the Kansas civil service act, shall have special
42       training and qualifications for such positions, shall serve at the pleasure
43       of the securities commissioner and shall receive compensation fixed by the

Sub. HB 2704--Am. by S

22

  1       securities commissioner and approved by the governor.
  2           (c) Nothing in subsection (b) shall affect the classified status of any
  3       person employed in the office of the securities commissioner on the day
  4       immediately preceding the effective date of this act. The provisions of this
  5       subsection shall not be construed to limit the powers of the securities
  6       commissioner pursuant to K.S.A. 75-2948 and amendments thereto.
  7           Sec. 22. K.S.A. 75-4322 is hereby amended to read as follows:
  8       75-4322. As used in this act:
  9           (a) ``Public employee'' means any person employed by any pub-
10       lic agency, except those persons classed as supervisory employees,
11       professional employees of school districts, as defined by subsection
12       (c) of K.S.A. 72-5413 and amendments thereto, elected and manage-
13       ment officials, and confidential employees and graduate students en-
14       rolled in a state educational institution as defined in K.S.A. 76-711, and
15       amendments thereto, who receive teaching and research assistantships.
16           (b) ``Supervisory employee'' means any individual who nor-
17       mally performs different work from his subordinates, having au-
18       thority, in the interest of the employer, to hire, transfer, suspend,
19       lay off, recall, promote, discharge, assign, reward, or discipline
20       other employees, or responsibly to direct them, or to adjust their
21       grievances, or effectively to recommend a preponderance of such
22       actions, if in connection with the foregoing the exercise of such au-
23       thority is not of a merely routine or clerical nature, but requires
24       the use of independent judgment. A memorandum of agreement may
25       provide for a definition of ``supervisory employees'' as an alterna-
26       tive to the definition herein.
27           (c) ``Confidential employee'' means any employee whose unre-
28       stricted access to confidential personnel files or other information
29       concerning the administrative operations of a public agency, or
30       whose functional responsibilities or knowledge in connection with
31       the issues involved in the meet and confer process would make his
32       membership in the same employee organization as other employees
33       incompatible with his official duties.
34           (d) ``Professional employee'' includes any employee: (1) Whose
35       work is predominantly intellectual and varied in character as op-
36       posed to routine mental, manual, mechanical, or physical work; in-
37       volves the consistent exercise of discretion and judgment; requires
38       knowledge of an advanced type in a field of science or learning
39       customarily acquired by prolonged study in an institution of higher
40       learning; or (2) who has completed courses of prolonged study as
41       described in paragraph (1) of this subsection, and is performing
42       related work under the supervision of a professional person in order
43       to qualify as a professional employee as defined in paragraph (1)

Sub. HB 2704--Am. by S

23

  1       of this subsection; or (3) attorneys-at-law or any other person who
  2       is registered as a qualified professional by a board of registration
  3       or other public body established for such purposes under the laws
  4       of this state.
  5           (e) ``Elected and management officials'' means any elective of-
  6       ficial and any appointed officer charged by law with major admin-
  7       istrative and management responsibilities.
  8           (f) ``Public agency'' or ``public employer'' means every govern-
  9       mental subdivision, including any county, township, city, school
10       district, special district, board, commission, or instrumentality or
11       other similar unit whose governing body exercises similar govern-
12       mental powers, and the state of Kansas and its state agencies.
13           (g) ``Governing body'' means the legislative body, policy board
14       or other authority of the public employer possessing legislative or
15       policymaking responsibilities pursuant to the constitution or laws
16       of this state.
17           (h) ``Representative of the public agency'' means the chief ex-
18       ecutive officer of the public employer or his or her designee, except
19       when the governing body provides otherwise, and except in the case
20       of the state of Kansas and its state agencies. Such chief executive
21       shall be for counties, the chairman of the board of county commis-
22       sioners; for cities, the mayor, city manager or city superintendent;
23       for school districts, the president of the board of education; and for
24       other local units, such similar elected or appointed officer. In the
25       case of the state of Kansas and its state agencies, ``representative of
26       the public employer'' means a team of persons, the head of which
27       shall be a person designated by the secretary of administration and
28       the heads of the state agency or state agencies involved or one per-
29       son designated by each such state agency head.
30           (i) ``Employee organization'' means any organization which in-
31       cludes employees of a public agency and which has as one of its
32       primary purposes representing such employees in dealings with that
33       public agency over conditions of employment and grievances.
34           (j) ``Recognized employee organization'' means an employee or-
35       ganization which has been formally acknowledged by the public
36       agency or certified as representing a majority of the employees of
37       an appropriate unit.
38           (k) ``Business agent'' means any authorized person who is a full-
39       time official of an employee organization and whose principal du-
40       ties are to act or to attempt to act for an employee organization (1)
41       in proceedings to meet and confer and other proceedings involving
42       a memorandum of agreement, (2) in servicing existing memoran-
43       dums of agreement, or (3) in organizing employees into employee

Sub. HB 2704--Am. by S

24

  1       organizations.
  2           (l) ``Board'' means the public employee relations board estab-
  3       lished pursuant to this act.
  4           (m) ``Meet and confer in good faith'' is the process whereby the
  5       representative of a public agency and representatives of recognized
  6       employee organizations have the mutual obligation personally to
  7       meet and confer in order to exchange freely information, opinions
  8       and proposals to endeavor to reach agreement on conditions of em-
  9       ployment.
10           (n) ``Memorandum of agreement'' means a written memoran-
11       dum of understanding arrived at by the representatives of the public
12       agency and a recognized employee organization which may be pre-
13       sented to the governing body of a public employer or its statutory
14       representative and to the membership of such organization for ap-
15       propriate action.
16           (o) ``Mediation'' means effort by an impartial third party to as-
17       sist in reconciling a dispute regarding conditions of employment
18       between representatives of the public agency and recognized em-
19       ployee organizations through interpretation and advice.
20           (p) ``Fact-finding'' means investigation of such a dispute by an
21       individual, panel, or board with the fact-finder submitting a report
22       to the parties describing the issues involved; the report shall contain
23       recommendations for settlement and may be made public.
24           (q) ``Arbitration'' means interpretation of the terms of an exist-
25       ing or a new memorandum of agreement or investigation of disputes
26       by an impartial third party whose decision may or may not be final
27       and binding. Arbitration is advisory when the results are not bind-
28       ing upon the parties; it is final and binding when both parties, of
29       their own volition, agree to submit a dispute to, and to abide by the
30       decision of, the impartial third party.
31           (r) ``Strike'' means an action taken for the purpose of coercing
32       a change in the conditions, rights, privileges or obligations of em-
33       ployment through the failure by concerted action with others to
34       report for duty or to work at usual capability in the performance
35       of the normal duties of employment.
36           (s) ``Lockout'' means action taken by the public employer to
37       provoke interruptions of or prevent the continuity of work normally
38       and usually performed by the employees for the purpose of coercing
39       the employees into relinquishing rights guaranteed by this act.
40           (t) ``Conditions of employment'' means salaries, wages, hours of
41       work, vacation allowances, sick and injury leave, number of holi-
42       days, retirement benefits, insurance benefits, prepaid legal service
43       benefits, wearing apparel, premium pay for overtime, shift differ-

Sub. HB 2704--Am. by S

25

  1       ential pay, jury duty and grievance procedures, but nothing in this
  2       act shall authorize the adjustment or change of such matters which
  3       have been fixed by statute or by the constitution of this state.
  4           (u) ``Grievance'' means a statement of dissatisfaction by a pub-
  5       lic employee, supervisory employee, employee organization or pub-
  6       lic employer concerning interpretation of a memorandum of agree-
  7       ment or traditional work practice.
  8           (v) ``Budget submission date'' means (1) for any public employ-
  9       ers subject to the budget law in K.S.A. 79-2925 et seq. the date of
10       July 1, and (2) for any other public employer the date fixed by law.
11       ``Budget submission date'' means, in the case of the state and its
12       state agencies, the date of September 15.
13           (w) ``Legislature'' means the legislature of the state of Kansas.
14           (x) ``State agency'' means the same as is ascribed thereto in
15       K.S.A. 75-3701 and amendments thereto.
16           Sec. 23. K.S.A. 75-6501 is hereby amended to read as follows:
17       75-6501. (a) Within the limits of appropriations made or available
18       therefor and subject to the provisions of appropriation acts relating
19       thereto, the Kansas state employees health care commission shall
20       develop and provide for the implementation and administration of
21       a state health care benefits program.
22           (b) The state health care benefits program may provide benefits
23       for persons qualified to participate in the program for hospitaliza-
24       tion, medical services, surgical services, nonmedical remedial care
25       and treatment rendered in accordance with a religious method of
26       healing and other health services. The program may include such
27       provisions as are established by the Kansas state employees health
28       care commission, including but not limited to qualifications for ben-
29       efits, services covered, schedules and graduation of benefits, con-
30       version privileges, deductible amounts, limitations on eligibility for
31       benefits by reason of termination of employment or other change of
32       status, leaves of absence, military service or other interruptions in
33       service and other reasonable provisions as may be established by
34       the commission.
35           (c) The Kansas state employees health care commission shall
36       designate by rules and regulations those persons who are qualified
37       to participate in the state health care benefits program, including
38       active and retired public officers and employees and their depend-
39       ents as defined by rules and regulations of the commission. In des-
40       ignating persons qualified to participate in the state health care
41       benefits program, the commission may establish such conditions,
42       restrictions, limitations and exclusions as the commission deems
43       reasonable. Each person who was formerly elected or appointed and

Sub. HB 2704--Am. by S

26

  1       qualified to an elective state office and who was covered immedi-
  2       ately preceding the date such person ceased to hold such office by
  3       the provisions of group health insurance or a health maintenance
  4       organization plan under the law in effect prior to August 1, 1984,
  5       or the state health care benefits program in effect after that date,
  6       shall continue to be qualified to participate in the state health care
  7       benefits program and shall pay the cost of participation in the pro-
  8       gram as established and in accordance with the procedures pre-
  9       scribed by the commission if such person chooses to participate
10       therein.
11           (d) The state health care benefits program established under
12       this act shall be effective on and after August 1, 1984.
13           (e) On and after the effective date of this act, the Kansas state em-
14       ployees health care commission shall not establish a class of persons who
15       are officers or employees of a state agency as eligible to participate in the
16       state health care benefits program unless such officers and employees are
17       working in a position requiring at least 1,000 hours of work per year.
18       Nothing in this subsection shall be construed to affect any class of persons
19       eligible to participate in the state health care benefit program on the
20       effective date of this act.
21           (f) Within the limits of appropriations made or available therefor and
22       subject to the provisions of appropriation acts relating thereto, a state
23       educational institution, as defined in K.S.A. 76-711, and amendments
24       thereto, under the control and supervision of the state board of regents,
25       may purchase health insurance for graduate students enrolled in a state
26       educational institution who receive teaching and research assistantships.
27           Sec. 24. K.S.A. 46-2101, 46-2102, 75-2935, 75-4322, 75-4703,
28       75-4706, 75-4707, 75-4709, 75-4740, 75-4741, 75-4742, 75-4743,
29       75-4744, 75-5147, 75-6301, 75-6501 and 76-3,100 are hereby re-
30       pealed.
31           Sec. 21 25. This act shall take effect and be in force from and after
32       its publication in the Kansas register.
33