Session of 1999
HOUSE BILL No. 2306
By Committee on Governmental Organization and Elections
2-5
9 AN ACT concerning the department of health and environment; relating
10 to certain positions in the unclassified service; amending K.S.A. 65-
11 2405, 75-5603, 75-5605, 75-5607, 75-5610 and 75-5611 and repealing
12 the existing sections.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 65-2405 is hereby amended to read as follows: 65-
16 2405. (a) The secretary shall appoint a state registrar of vital statistics who
17 shall be qualified under Kansas civil service law and the state registrar
18 shall be certified to the secretary of state. His compensation will be fixed
19 in accordance with the salary schedules established as authorized by the
20 Kansas civil service act and acts amendatory thereof and supplemental
21 thereto.
22 (b) The state registrar of vital statistics shall (1) be in the unclassified
23 service, (2) serve at the pleasure of the secretary, and (3) receive an annual
24 salary fixed by the secretary and approved by the governor.
25 (c) Nothing in this section shall affect the classified status of any em-
26 ployee in the classified service who is employed on the date immediately
27 preceding the effective date of this act as the state registrar of vital sta-
28 tistics and the unclassified status as prescribed by this subsection shall
29 apply only to a person appointed to any such position on or after the
30 effective date of this act.
31 Sec. 2. K.S.A. 75-5603 is hereby amended to read as follows: 75-
32 5603. (a) There is hereby established within and as a part of the depart-
33 ment of health and environment a division of health, the head of which
34 shall be the director of the division of health. Under the supervision of
35 the secretary of health and environment, the director of the division of
36 health shall administer the division of health. The director shall be a
37 physician, hold a valid license to practice medicine and surgery, and have
38 experience and educational training in the field of public health. The
39 secretary of health and environment shall appoint the director of the
40 division of health who shall serve at the pleasure of the secretary. The
41 first person appointed to such office after the effective date of this act
42 shall be appointed subject to confirmation by the senate as provided in
43 K.S.A. 75-4315b and amendments thereto and shall serve for a term of
44 four years from and after the date of such appointment, and thereafter
45 at the pleasure of the secretary. In the case of a vacancy in the office of
46 the director of the division of health, the secretary of health and environ-
47 ment shall appoint a successor to fill the vacancy for the unexpired term.
48 The director shall be in the unclassified service and shall receive an annual
49 salary fixed by the secretary and approved by the governor.
50 (b) There is hereby created and established within the division of
51 health the position of chief medical officer. The chief medical officer shall
52 (1) be a physician licensed as required by the Kansas healing arts act
53 (K.S.A. 65-2801 et seq.) to practice medicine and surgery, (2) have train-
54 ing in the field of epidemiology, and (3) have experience in public health.
55 (c) The chief medical officer shall (1) be in the unclassified service,
56 (2) serve at the pleasure of the secretary, and (3) receive an annual salary
57 fixed by the secretary and approved by the governor.
58 (d) The chief medical officer shall also serve as deputy director of
59 health and shall serve as acting director of the division of health in the
60 event that position is vacant.
61 Sec. 3. K.S.A. 75-5605 is hereby amended to read as follows: 75-
62 5605. There is hereby established within and as a part of the department
63 of health and environment a division of environment, the head of which
64 shall be the director of the division of environment. Under the supervision
65 of the secretary of health and environment, the director of the division
66 of environment shall administer the division of environment. The director
67 shall have experience and educational training in the field of environment.
68 The secretary of health and environment shall appoint the director of the
69 division of environment who shall serve at the pleasure of the secretary.
70 The director shall be in the unclassified service and shall receive an annual
71 salary fixed by the secretary and approved by the state finance council
72 governor. If a director was an employee of the state of Kansas in a regular
73 classified position under the Kansas civil service act at the time of selec-
74 tion as director, such person, upon the conclusion of service as director,
75 shall be returned to the regular classified position under the Kansas civil
76 service act such person held at the time of appointment as director, and
77 if such position be filled at that time, a temporary additional position shall
78 be created for such person until such time as a vacancy exists in such
79 position. While serving in such temporary additional position the former
80 director shall continue to be a contributing member of the retirement
81 system under which such person was covered while serving as director.
82 Sec. 4. K.S.A. 75-5607 is hereby amended to read as follows: 75-
83 5607. (a) There is hereby established under the supervision of the sec-
84 retary of health and environment, an office of laboratory services, the
85 head of which shall be the head of the office of laboratory services. Under
86 the supervision of the secretary of health and environment, the head of
87 the office of laboratory services shall administer the office of laboratory
88 services. The head of the office of laboratory services shall be in the
89 classified unclassified service of the Kansas civil service act and shall be
90 appointed by the secretary of health and environment.
91 (b) Nothing in this section shall affect the classified status of any em-
92 ployee in the classified service who is employed on the date immediately
93 preceding the effective date of this act as the head of the office of labo-
94 ratory services and the unclassified status as prescribed by this subsection
95 shall apply only to a person appointed to any such position on or after
96 the effective date of this act.
97 Sec. 5. K.S.A. 75-5610 is hereby amended to read as follows: 75-
98 5610. (a) Except as otherwise specifically provided by subsection (b)
99 K.S.A. 75-5611 and amendments thereto or other law, the secretary of
100 health and environment shall appoint, subject to the Kansas civil service
101 act, all subordinate officers and employees of the respective divisions,
102 bureaus, sections, offices or other units of the department of health and
103 environment, and all such subordinate officers and employees shall be
104 within the classified service under the Kansas civil service act.
105 (b) On and after July 1, 1983, except as otherwise specifically pro-
106 vided by law, each director of each division of the department of health
107 and environment and the chief administrative officer of the bureau of oil
108 field and environmental geology of the division of environment shall be
109 in the unclassified service under the Kansas civil service act.
110 Sec. 6. K.S.A. 75-5611 is hereby amended to read as follows: 75-
111 5611. (a) The secretary of health and environment may appoint an assis-
112 tant secretary, a chief attorney and other attorneys for the department of
113 health and environment. The chief attorney, a chief financial officer, not
114 more than 10 bureau directors designated by the secretary, one public
115 information officer, one personal secretary and one special assistant, each
116 of whom (1) shall serve at the pleasure of the secretary, (2) shall be in
117 the unclassified service under the Kansas civil service act, and (3) shall
118 receive an annual salary fixed by the secretary of health and environment
119 and approved by the governor. The secretary of health and environment
120 may also appoint staff assistants. Such staff assistants and attorneys other
121 than the chief attorney shall be in the classified service under the Kansas
122 civil service act. The secretary of health and environment may appoint
123 one public information officer, one personal secretary and one special
124 assistant who shall be in the unclassified service under the Kansas civil
125 service act and shall receive compensation fixed by the secretary of health
126 and environment and approved by the governor.
127 (b) Nothing in this section shall affect the classified status of any em-
128 ployee in the classified service who is employed on the date immediately
129 preceding the effective date of this act in any position enumerated in
130 subsection (a) of this section that is a classified position and the unclas-
131 sified status as prescribed by this subsection shall apply only to a person
132 appointed to any such position on or after the effective date of this act.
133 Sec. 7. K.S.A. 65-2405, 75-5603, 75-5605, 75-5607, 75-5610 and 75-
134 5611 are hereby repealed.
135 Sec. 8. This act shall take effect and be in force from and after its
136 publication in the statute book.