As Amended by Senate Committee
         

          Session of 1998
                   
SENATE BILL No. 689
         
By Committee on Ways and Means
         
3-18
          10             AN ACT concerning the Kansas commission on veterans affairs; relating
11             to location of such commission's meetings; concerning duties of the
12             superintendents of Kansas soldiers' and veterans' homes; relating to
13             reductions in certain positions based on retirements; amending K.S.A.
14             75-6801, 76-1904 and 76-1951 and K.S.A. 1997 Supp. 73-1208b and
15             repealing the existing sections.
16            
17       Be it enacted by the Legislature of the State of Kansas:
18           Section 1. K.S.A. 1997 Supp. 73-1208b is hereby amended to read
19       as follows: 73-1208b. The commission shall hold regular monthly meet-
20       ings and such other meetings as the chairman of the commission shall
21       deem advisable. Such regular monthly meetings shall be held in regular
22       offices to be established and maintained at Topeka, Kansas, or shall be
23       held at the Kansas soldiers' home and Mother Bickerdyke annex or the
24       Kansas veterans' home. The commission may hold regular monthly meet-
25       ings and any other meeting at any place within the state.
26           Sec. 2. K.S.A. 75-6801 is hereby amended to read as follows: 75-
27       6801. (a) As used in this section:
28           (1) ``Executive secretary'' means the executive secretary of the Kansas
29       public employees retirement system.
30           (2) ``F.T.E. positions'' means the number of full time and regular part
31       time positions equated to full time, excluding seasonal and temporary
32       positions, paid from appropriations.
33           (3) ``Head of the governmental branch'' means the governor, in the
34       case of the executive branch; and the legislative coordinating council, in
35       the case of the legislative branch.
36           (4) ``Retiree'' means any person electing to retire pursuant to K.S.A.
37       74-4914, and amendments thereto, except that ``retiree'' shall not include
38       any person who is retiring from a position which provides direct care for
39       patients at Topeka state hospital, Osawatomie state hospital, Rainbow
40       mental health facility or Larned state hospital, Kansas neurological insti-
41       tute, Parsons state hospital and training center, Winfield state hospital
42       and training center, university of Kansas medical center, Atchison juvenile
43       correctional facility, Beloit juvenile correctional facility, Larned juvenile

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  1       correctional facility and , Topeka juvenile correctional facility, Kansas
  2       soldiers' home and Kansas veterans' home.
  3           (b) The executive secretary shall provide the head of the govern-
  4       mental branch notice of the name, employing state agency and retirement
  5       date of each retiree retiring after the effective date of this act and such
  6       other information that may be prescribed by the head of the govern-
  7       mental branch.
  8           (c) (1) Upon receipt of each notice pursuant to subsection (b) re-
  9       garding a retiree employed by a state agency in the executive branch, the
10       governor shall direct the secretary of administration to reduce by one the
11       number of F.T.E. positions authorized for the state agency that employed
12       the retiree and reduce the expenditure authority of such state agency in
13       an amount attributable to the amount of unused salary and employer-
14       paid benefits attributable to the retiree's job position.
15           (2) Upon receipt of each notice pursuant to subsection (c) regarding
16       a retiree employed by a state agency in the legislative branch, the legis-
17       lative coordinating council shall reduce by one the number of F.T.E.
18       positions for the state agency that employed the retiree and reduce the
19       expenditure authority of such state agency in an amount attributable to
20       the retiree's job position.
21           (d) (1) For reductions made in the executive branch of government,
22       the governor is authorized to restore or allocate, to any state agency or
23       agencies within the executive branch, no more than 3/4 of the F.T.E.
24       positions and expenditure authority reductions made pursuant to subsec-
25       tion (c)(1), except that, upon request of the governor, the reduced num-
26       ber of authorized F.T.E. positions and the reduced amount of expendi-
27       ture authority established under subsection (c)(1) for a state agency in
28       the executive branch of government may be increased upon approval by
29       the state finance council acting on this matter which is hereby character-
30       ized as a matter of legislative delegation and subject to the guidelines
31       prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto.
32           (2) For reductions made in the legislative branch of government, the
33       legislative coordinating council is authorized to restore or allocate, to any
34       state agency or agencies within the legislative branch, no more than 3/4 of
35       the F.T.E. positions and expenditure authority reductions made pursuant
36       to subsection (c)(2), except that, upon request of the agency head, the
37       reduced number of authorized F.T.E. positions and the reduced amount
38       of expenditure authority established under subsection (c) for a state
39       agency in the legislative branch of government may be increased upon
40       approval by the legislative coordinating council.
41           (e) The secretary of administration is authorized to prescribe such
42       policies and procedures as may be deemed necessary to carry out the
43       provisions of this section.

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  1           Sec. 3. K.S.A. 76-1904 is hereby amended to read as follows: 76-
  2       1904. (a) The Kansas commission on veterans affairs shall have full control
  3       of the Kansas soldiers' home, the property, effects, supervision and man-
  4       agement thereof.
  5           (b) A superintendent of the Kansas soldiers' home shall be appointed
  6       by the Kansas commission on veterans affairs, and shall serve at the plea-
  7       sure of the commission. The superintendent shall be in the unclassified
  8       service under the Kansas civil service act and shall receive an annual salary
  9       fixed by the Kansas commission on veterans affairs, with the approval of
10       the governor. The superintendent of the Kansas soldiers' home shall per-
11       form such duties and exercise such powers as the commission may pre-
12       scribe, and such duties and powers as are prescribed by law. The super-
13       intendent of the Kansas soldiers' home shall report to the executive
14       director of the commission on all matters relating to the administration
15       of the Kansas soldiers' home.
16           Sec. 4. K.S.A. 76-1951 is hereby amended to read as follows: 76-
17       1951. (a) On and after January 1, 1998, the Kansas commission on vet-
18       erans affairs shall operate a Kansas veterans' home to be located on the
19       grounds of Winfield state hospital and training center. The commission
20       on veterans affairs and the secretary of social and rehabilitation services
21       shall enter into an agreement concerning property, premises, facilities,
22       installations, equipment and records of Winfield state hospital and train-
23       ing center which will be transferred to the Kansas commission on veterans
24       affairs for the purpose of establishing and operating the Kansas veterans'
25       home. The agreement shall establish the timing of any such transfers. Any
26       conflict as to the proper disposition of property or records arising under
27       this section shall be determined by the governor, whose decision shall be
28       final.
29           (b) The Kansas commission on veterans affairs shall have full control
30       of the Kansas veterans' home, the property, effects, supervision and man-
31       agement of the home.
32           (c) The Kansas commission on veterans affairs may enter into an
33       agreement with the United States department of veterans affairs for the
34       use and operation of the nursing care unit of the Wichita veterans ad-
35       ministration medical center in Wichita, Kansas, as a long-term care unit
36       of the Kansas veterans' home, which shall be known as the Kansas vet-
37       erans' home long-term care annex. The Kansas veterans' home long-term
38       care annex shall be operated as a part of the Kansas veterans' home and
39       shall be construed to be part of the Kansas veterans' home for all purposes
40       under statutes governing or referring to the Kansas veterans' home.
41           (d) A superintendent of the Kansas veterans' home shall be appointed
42       by the Kansas commission on veterans affairs, and shall serve at the plea-
43       sure of the commission. The superintendent shall be in the unclassified

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  1       service under the Kansas civil service act and shall receive an annual salary
  2       fixed by the Kansas commission on veterans affairs, with the approval of
  3       the governor. The superintendent of the Kansas veterans' home shall
  4       perform such duties and exercise such powers as the commission may
  5       prescribe, and such duties and powers as are prescribed by law. The su-
  6       perintendent of the Kansas veterans' home shall report to the executive
  7       director of the commission on all matters relating to the administration
  8       of the Kansas veterans' home.
  9           Sec. 5 3. K.S.A. 75-6801, 76-1904 and 76-1951 and K.S.A. 1997
10       Supp. 73-1208b are hereby repealed.
11           Sec. 6 4. This act shall take effect and be in force from and after its
12       publication in the statute book Kansas register.
13      
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