Session of 1998
                   
SENATE BILL No. 687
         
By Committee on Ways and Means
         
3-12
            9             AN ACT concerning salaries and compensation for state officers and em-
10             ployees; amending K.S.A. 75-3101, 75-3103, 75-3104, 75-3108, 75-
11             3110 and 75-3111a and K.S.A. 1997 Supp. 40-102, 46-137a and 46-
12             137b and repealing the existing sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           New Section 1. (a) The governor is hereby authorized and directed
16       to modify the pay plan for fiscal year 1998 in accordance with this sub-
17       section and to adopt such pay plan as so modified. The existing pay plan
18       for fiscal year 1998 shall be modified to provide for an increase of 1.5%
19       in the pay rates of such pay plan. The pay plan adopted by the governor
20       under this subsection shall be the pay plan for the classified service under
21       the Kansas civil service act and shall be effective on the first day of the
22       first biweekly payroll period which is chargeable to the fiscal year ending
23       June 30, 1999. Such pay plan shall be subject to modification and approval
24       as provided under K.S.A. 75-2938 and amendments thereto and to any
25       enactment of the legislature applicable thereto.
26           (b) There is hereby appropriated from the state general fund for the
27       state finance council, for the fiscal year ending June 30, 1999, the sum of
28       $34,848,075 to be used for the purpose of paying the proportionate share
29       of the cost to the state general fund of: (1) The salary increases which are
30       provided for by adoption of the pay plan under subsection (a) for state
31       officers and employees in the classified service under the Kansas civil
32       service act; (2) the salary increases which are provided for step move-
33       ments of the pay plan for state officers and employees in the classified
34       service under the Kansas civil service act; (3) the salary increases for state
35       officers and employees in the unclassified service under the Kansas civil
36       service act which are provided for in subsection (a) and subsection (b) of
37       section 2; (4) the salary increases for the governor, lieutenant governor,
38       secretary of state, state treasurer, commissioner of insurance and attorney
39       general; and (5) longevity bonus payments under K.S.A. 75-5541 and
40       amendments thereto for state officers and employees in the classified
41       service under the Kansas civil service act and of longevity bonus pay-
42       ments, which shall each be a bonus as defined by 29 C.F.R. 778.208, for
43       state officers and employees in the unclassified service under the Kansas

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  1       civil service act of agencies in the executive branch of state government.
  2       Nothing in this section shall be construed to require the payment of lon-
  3       gevity bonuses for state officers and employees in the unclassified service
  4       under the Kansas civil service act of agencies in the executive branch of
  5       state government.
  6           (c) To pay the proportionate share of the cost to the state general
  7       fund of each state agency for the salary increases and longevity bonus
  8       payments under subsection (b), including associated employer contribu-
  9       tions, upon recommendation of the director of the budget, the state fi-
10       nance council, acting on this matter which is hereby characterized as a
11       matter of legislative delegation and subject to the guidelines prescribed
12       in subsection (c) of K.S.A. 75-3711c and amendments thereto, except
13       paragraph (3) of such subsection (c), is hereby authorized and directed
14       to approve the transfer of moneys from the appropriation under subsec-
15       tion (b) to the proper accounts created by state general fund appropria-
16       tions for the fiscal year ending June 30, 1999.
17           (d) Upon recommendation of the director of the budget, the state
18       finance council, acting on this matter which is hereby characterized as a
19       matter of legislative delegation and subject to the guidelines prescribed
20       in subsection (c) of K.S.A. 75-3711c and amendments thereto, except
21       paragraph (3) of such subsection (c), is hereby authorized to approve
22       increases in expenditure limitations on special revenue funds and ac-
23       counts established for the fiscal year ending June 30, 1999, for the pur-
24       pose of paying from such funds or accounts the proportionate share of
25       the cost to such funds or accounts, including associated employer contri-
26       butions, of the salary increases and longevity bonus payments under sub-
27       section (b).
28           (e) Each state agency of the executive branch of state government
29       shall prepare and submit a budget estimate for such salary increases and
30       longevity bonus payments under subsection (b), and all amendments and
31       revisions of such estimates, to the director of the budget on forms pre-
32       scribed by the director of the budget. At the same time as each state
33       agency submits such estimate, and all amendments and revisions thereof,
34       each state agency shall submit a copy of such estimate, and all amend-
35       ments and revisions thereof, directly to the legislative research depart-
36       ment.
37           New Sec. 2. (a) The governor is hereby authorized and directed to
38       modify or authorize the modification of the salaries of state officers and
39       employees who are in the unclassified service under the Kansas civil serv-
40       ice act and whose salaries are subject to approval by the governor under
41       K.S.A. 75-2935b or 75-2935c and amendments thereto to provide for base
42       salary increases, to be effective on the first day of the first payroll period
43       which is chargeable to the fiscal year ending on June 30, 1999, and to be

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  1       distributed on a merit basis from a merit salary increase pool, the average
  2       of such increases shall not exceed 4% of the base salaries of such officers
  3       and employees.
  4           (b) Each elected state official of the executive branch of state gov-
  5       ernment, including the state board of education, the Kansas technology
  6       enterprise corporation, Kansas, Inc., the state board of regents and the
  7       board of trustees of the Kansas public employees retirement system, in
  8       each such official or board's discretion, are hereby authorized and di-
  9       rected to modify or to authorize the modification of the salaries of the
10       state officers and employees of such official or board, who are in the
11       unclassified service under the Kansas civil service act and whose salaries
12       are not subject to approval by the governor under K.S.A. 75-2935b and
13       amendments thereto, to provide for base salary increases to be effective
14       on the first day of the first payroll period which is chargeable to the fiscal
15       year ending June 30, 1999, and to be distributed on a merit basis from a
16       merit salary increase pool, the average of such increases shall not exceed
17       4% of the base salaries of such officers and employees of such official or
18       board. The provisions of this subsection (b) shall not authorize or provide
19       any salary increase for the governor, lieutenant governor, secretary of
20       state, state treasurer, commissioner of insurance, attorney general, or to
21       any member of any state board, commission, council or committee re-
22       ceiving per diem compensation as provided by statute.
23           Sec. 3.
24      
LEGISLATIVE COORDINATING COUNCIL
25           (a) There is appropriated for the above agency from the state general
26       fund for the fiscal year ending June 30, 1999, the following:
27       Legislative coordinating council--operations $21,056
28       Legislative research department--operations $104,122
29       Office of the revisor of statutes--operations $71,536
30           Sec. 4.
31      
LEGISLATURE
32           (a) There is appropriated for the above agency from the state general
33       fund for the fiscal year ending June 30, 1999, the following:
34       Operations (including official hospitality) $188,433
35           Sec. 5.
36      
DIVISION OF POST AUDIT
37           (a) There is appropriated for the above agency from the state general
38       fund for the fiscal year ending June 30, 1999, the following:
39       Operations (including legislative post audit committee) $53,375
40           Sec. 6.
41      
JUDICIAL COUNCIL
42           (a) There is appropriated for the above agency from the state general
43       fund for the fiscal year ending June 30, 1999, the following:

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1       Operating expenditures $8,418
  2           Sec. 7.
  3      
JUDICIAL BRANCH
  4           (a) There is appropriated for the above agency from the state general
  5       fund for the fiscal year ending June 30, 1999, the following:
6       Judiciary operations $3,016,387
  7           Sec. 8. On June 14, 1998, K.S.A. 1997 Supp. 40-102 is hereby
  8       amended to read as follows: 40-102. There is hereby established a de-
  9       partment to be known as the insurance department, which shall have a
10       chief officer entitled the commissioner of insurance who shall receive,
11       except as otherwise provided in K.S.A. 75-3111a and amendments
12       thereto, an annual salary of $62,407 a salary at a biweekly pay rate of
13       $2,648.45, and such officer shall be charged with the administration of
14       all laws relating to insurance, insurance companies and fraternal benefit
15       societies doing business in this state, and all other duties which are or
16       may be imposed upon such officer by law.
17           Sec. 9. On June 14, 1998, K.S.A. 1997 Supp. 46-137a is hereby
18       amended to read as follows: 46-137a. In addition to the compensation
19       provided for by K.S.A. 46-137b, 46-137e and 75-3212 and amendments
20       thereto, each member of the legislature shall receive the following
21       amounts:
22           (a) The sum of $65 $72.06 per calendar day for service at any regular
23       or special session, except as otherwise provided in subsection (e);
24           (b) the sum of $73 $80 per calendar day for subsistence allowance
25       for any regular or special session of the legislature, except that if the
26       amounts allowable for the capital city of Kansas under applicable federal
27       law and regulations to employees of the executive branch of the federal
28       government for per diem expenses, while away from home but serving in
29       the United States, are amounts which total greater than $73 $80, then
30       each member of the legislature shall receive such greater total amount
31       per calendar day for subsistence allowance for any regular or special ses-
32       sion of the legislature;
33           (c) an allowance of $600 per calendar month $270 for the two-week
34       period which coincides with the first biweekly payroll period commencing
35       in April and for each of the 19 ensuing two-week periods thereafter, except
36       for the months of January, February and March to defray expenses in-
37       curred between sessions of the legislature for postage, telephone, office
38       and other incidental expenses;
39           (d) an allowance for mileage in an amount equal to the rate per mile
40       prescribed under the provisions of K.S.A. 75-3203a and amendments
41       thereto multiplied by the number of miles traveled by the usual route in
42       going to and returning from the member's place of residence for any
43       regular or special session of the legislature. Such mileage allowances shall

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  1       be paid for not to exceed the equivalent of one trip for each full week
  2       occurring between convening and adjournment sine die in any regular or
  3       special session. The mileage allowance provided under the provisions of
  4       this subsection shall not be subject to the restrictions relating to the use
  5       of vehicles prescribed by K.S.A. 75-3203 and 75-3203a and amendments
  6       thereto but shall only be allowed for trips actually made. Compensation
  7       and subsistence allowance shall not be allowed under the provisions of
  8       subsections (a) and (b) of this section during any period in which the
  9       legislature is adjourned for more than two days, Sundays excepted; and
10           (e) whenever the rates of compensation of the pay plan for persons
11       in the classified service under the Kansas civil service act are increased
12       for payroll periods chargeable to fiscal years commencing after June 30,
13       1996 1999, the rate of compensation per calendar day for members of
14       the legislature for service at any regular or special session of the legislature
15       shall be increased on the first day of the first payroll period immediately
16       following the effective date of any such pay plan increase by an amount,
17       adjusted to the nearest dollar, computed by multiplying the average of
18       the percentage increases in all monthly steps of such pay plan by the rate
19       of compensation per calendar day which is authorized by this section for
20       service at any regular or special session of the legislature for the day upon
21       which such increase is computed.
22           Sec. 10. On June 14, 1998, K.S.A. 1997 Supp. 46-137b is hereby
23       amended to read as follows: 46-137b. (a) In addition to the compensation
24       provided for by K.S.A. 46-137a and 75-3212 and amendments thereto,
25       and any other statute, and except as otherwise provided by subsection
26       (b):
27           (1) The president of the senate and the speaker of the house of rep-
28       resentatives shall each receive an allowance in the amount of $10,341 per
29       annum, payable monthly, at a biweekly pay rate of $438.82 during their
30       terms of office as speaker and president, which compensation shall be for
31       additional services performed in connection with discharging the duties
32       assigned to the respective positions;
33           (2) the speaker pro tem of the house of representatives, the vice pres-
34       ident of the senate, the assistant majority leaders of the senate and house
35       of representatives and the assistant minority leaders of the senate and
36       house of representatives shall each receive an allowance in the amount
37       of $5,278 per annum payable monthly at a biweekly pay rate of $223.97
38       during their respective terms of office which compensation shall be for
39       additional services performed in connection with discharging the duties
40       assigned to the respective positions;
41           (3) the chairperson of the senate committee on ways and means and
42       the chairperson of the house committee on appropriations shall each re-
43       ceive an allowance in the amount of $8,316 per annum, payable monthly

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  1       at a biweekly pay rate of $352.89 during their respective terms of office,
  2       which compensation shall be for additional services performed in con-
  3       nection with discharging the duties assigned to the respective positions;
  4       and
  5           (4) the majority and minority leaders of the senate and the house of
  6       representatives shall each receive an allowance in the amount of $9,329
  7       per annum, payable monthly at a biweekly pay rate of $395.89 during
  8       their respective terms of office, which compensation shall be for addi-
  9       tional services performed in connection with discharging the duties as-
10       signed to the respective positions.
11           (b)  Whenever the rates of compensation of the pay plan for persons
12       in the classified service under the Kansas civil service act are increased
13       for payroll periods chargeable to fiscal years commencing after June 30,
14       1996 1999, the annual compensation biweekly pay rate of officers of the
15       legislature specified in subsection (a) shall be increased on the first day
16       of the first payroll period immediately following the effective date of any
17       such pay plan increase by an amount, adjusted to the nearest dollar, com-
18       puted by multiplying the average of the percentage increases in all
19       monthly steps of such pay plan by the annual compensation biweekly pay
20       rate of such officers as prescribed by subsection (a) or amounts computed
21       in accordance with this subsection for the day upon which such increase
22       is computed which is being received as provided by law and which is in
23       effect prior to the effective date of such pay plan increase.
24           Sec. 11. On June 14, 1998, K.S.A. 75-3101 is hereby amended to
25       read as follows: 75-3101. Except as otherwise provided in K.S.A. 75-3111a
26       and amendments thereto, the governor of the state shall receive for serv-
27       ices an annual salary of $80,335 a salary at a biweekly pay rate of
28       $3,409.22.
29           Sec. 12. On June 14, 1998, K.S.A. 75-3103 is hereby amended to
30       read as follows: 75-3103. (a) The lieutenant governor shall receive, as
31       reimbursement for expenses the following: (1) Annually Biweekly the sum
32       of $1,875 $72.12, and (2) when attending the duties of office or attending
33       any authorized meeting, in addition to other provisions of this section,
34       travel expenses and subsistence expenses and allowances in amounts
35       equal to those provided for by K.S.A. 75-3212 and amendments thereto.
36           In addition to any other compensation provided by law and except as
37       otherwise provided in K.S.A. 75-3111a and amendments thereto, the lieu-
38       tenant governor shall also receive for services in the performance of duties
39       imposed by law compensation in the sum of $22,724 per annum at the
40       biweekly pay rate of $964.29. While acting as governor, the lieutenant
41       governor shall receive the same salary as the governor. The lieutenant
42       governor may appoint an administrative assistant and office and steno-
43       graphic employees, all of whom shall be in the unclassified service of the

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  1       Kansas civil service act. Such administrative assistant shall receive travel
  2       expenses and subsistence expenses or allowances as provided by K.S.A.
  3       75-3212 and amendments thereto when traveling as authorized by the
  4       lieutenant governor.
  5           (b) If the lieutenant governor is appointed by the governor under the
  6       provision of K.S.A. 75-303 and amendments thereto, the lieutenant gov-
  7       ernor shall receive an annual a salary to be fixed by the governor or an
  8       annual a salary as provided for in subsection (a) of this section, whichever
  9       is greater.
10           Sec. 13. On June 14, 1998, K.S.A. 75-3104 is hereby amended to
11       read as follows: 75-3104. Except as otherwise provided in K.S.A. 75-3111a
12       and amendments thereto, the secretary of state shall receive for services
13       an annual salary of $62,407 a salary at a biweekly pay rate of $2,648.45.
14           Sec. 14. On June 14, 1998, K.S.A. 75-3108 is hereby amended to
15       read as follows: 75-3108. Except as otherwise provided in K.S.A. 75-3111a
16       and amendments thereto, the state treasurer shall receive for services an
17       annual salary of $62,407 a salary at a biweekly pay rate of $2,648.45.
18           Sec. 15. On June 14, 1998, K.S.A. 75-3110 is hereby amended to
19       read as follows: 75-3110. Except as otherwise provided in K.S.A. 75-3111a
20       and amendments thereto, the attorney general shall receive for services
21       an annual salary of $71,774 a salary at a biweekly pay rate of $3,045.64.
22           Sec. 16. On June 14, 1998, K.S.A. 75-3111a is hereby amended to
23       read as follows: 75-3111a. Whenever the rates of compensation of the
24       pay plan for persons in the classified service under the Kansas civil service
25       act are increased for payroll periods chargeable to fiscal years commenc-
26       ing after June 30, 1996 1999, the annual salary of the governor, the lieu-
27       tenant governor, the attorney general, the secretary of state, the state
28       treasurer and the commissioner of insurance shall be increased by an
29       amount, adjusted to the nearest dollar, computed by multiplying the av-
30       erage of the percentage increases in all monthly steps of such pay plan
31       by the annual salary of the elected state officer which is being received
32       as provided by law and which is in effect prior to the effective date of
33       such increase in the rates of compensation of the pay plan for persons in
34       the classified service under the Kansas civil service act.
35           Sec. 17. On June 14, 1998, K.S.A. 75-3101, 75-3103, 75-3104, 75-
36       3108, 75-3110 and 75-3111a and K.S.A. 1997 Supp. 40-102, 46-137a and
37       46-137b are hereby repealed.
38           Sec. 18. This act shall take effect and be in force from and after its
39       publication in the Kansas register.
40