Session of 1999
         
HOUSE BILL No. 2143
         
By Representatives Jenkins, Aday, Flora, Flower, Hermes, Humerick-
         
house, Hutchins, Kirk, Kuether, Mays, Nichols, Toelkes and Vickrey
         
1-27
         

10             AN  ACT concerning salaries and compensation for state officers and em-
11             ployees; providing for modification of the pay plan; amending K.S.A.
12             75-2938 and repealing the existing section.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 75-2938 is hereby amended to read as follows: 75-
16       2938. (a) Except as otherwise provided in the Kansas civil service act, the
17       director of personnel services, after consultation with the heads of state
18       agencies or persons designated by them, shall assign each position in the
19       classified service to a class according to the duties and responsibilities
20       thereof. Titles shall be specified by the director for each such class for
21       use in certifying the names of persons for appointment under this act. A
22       description of the duties and responsibilities with suitable qualifications
23       required for satisfactory performance in each class shall be specified by
24       the director. The classes and titles so specified and described shall be
25       used for: (1) Original appointments; (2) promotions; (3) payrolls; and (4)
26       all other records affecting the status of persons in the classified service.
27       Each class when approved or modified and approved as modified by the
28       governor shall take effect on a date or dates specified by the governor.
29       After consultation with the director of the budget and the heads of state
30       agencies or persons designated by them, the director shall recommend
31       changes in classes from time to time, and such changes, when approved
32       or modified and approved as modified by the governor, shall take effect
33       on a date or dates specified by the governor.
34             (b) The director of personnel services shall recommend to the gov-
35       ernor the assignment, and from time to time the reassignment, of each
36       class to a specified range approved or modified and approved as modified
37       by the governor, the same shall become effective on a date or dates spec-
38       ified by the governor. In adopting or revising any plans, the governor shall
39       give consideration to pertinent rates in other public and private employ-
40       ment in the appropriate labor markets, and for this purpose the director
41       shall have made periodic wage and salary surveys with one survey to be
42       conducted each year. The results of such survey and recommendations
43       for revisions in the pay plan are to be forwarded to the governor, the

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  1       secretary of administration, the director of the budget and the legislature.
  2       The recommendations shall give consideration and weight to survey re-
  3       sults, to changes in the cost-of-living and to proper internal alignment of
  4       the various job classes. The director may use the results of other appro-
  5       priate surveys conducted by public or private agencies in lieu of or in
  6       addition to surveys authorized to be conducted under this subsection.
  7             (c) The secretary of administration may delegate the authority to as-
  8       sign positions in the classified service to a class according to the duties
  9       and responsibilities thereof to the appointing authority. Such delegation
10       shall specify the particular classes, ranges, and schedules authorized. Ap-
11       pointing authorities delegated such assigning authority shall make
12       monthly reports of assigning transactions to the director of personnel
13       services. Any delegation of such authority is subject to review by the
14       secretary of administration who may modify any delegation made in order
15       to ensure consistency with the state classification plan and may withdraw
16       the delegated authority from the appointing authority upon evidence of
17       improper use of such authority by the appointing authority. The decision
18       of the secretary of administration in regard to the withdrawal of such
19       delegated authority shall be final.
20             (d) After consultation with the director of the budget and the sec-
21       retary of administration, the director of personnel services shall prepare
22       a pay plan which shall contain a schedule of salary and wage ranges and
23       steps, and from time to time changes therein. When such pay plan or any
24       change therein is approved or modified and approved as modified by the
25       governor, the same shall become effective on a date or dates specified by
26       the governor and any such modification, change of date shall be in ac-
27       cordance with any enactments of the legislature applicable thereto.
28             (e) The classes and pay plan for the classified service as approved by
29       the governor shall be used by the director of the budget in preparation
30       of the budget.
31             (f) Whenever any appropriation or other act specifies any pay plan or
32       any change, limitation or condition upon the pay plan, personnel or pol-
33       icies of the state or any state agency, such appropriation act or other act
34       shall control the provisions of this section to the extent of their application
35       thereto.
36             (g) Each employee who has reached the maximum step on the salary
37       range of the pay plan to which such employee's position is assigned and
38       who cannot receive a pay increase pursuant to step movement and who
39       is otherwise eligible for an increase in compensation shall receive an in-
40       crease by being placed at the step of the next higher salary range of the
41       pay plan, which will provide the equivalent step increase. The assignment
42       of job classes to pay ranges of the pay plan for the classified service and
43       increases in compensation through step movement for classified employees

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  1       under the pay plan shall be subject to the provisions of this subsection.  
  2       Sec.  2. K.S.A. 75-2938 is hereby repealed.
  3        Sec.  3. This act shall take effect and be in force from and after its
  4       publication in the statute book.