13 AN ACT concerning
salaries and compensation for state officers and em-
14 ployees; amending
K.S.A. [75-5537 and K.S.A.] 1998 Supp. 40-102,
15 46-137a, 46-137b,
75-3101, 75-3103, 75-3104, 75-3108, 75-3110 and
16 75-3111a and repealing
the existing sections.
17
18 Be it enacted by the Legislature of the
State of Kansas:
19 New Section 1. (a) The governor is
hereby authorized and directed to
20 modify the pay plan adopted for fiscal year
1999 in accordance with this
21 subsection and to adopt such pay plan as so
modified. The existing pay
22 plan for fiscal year 1999 shall be modified
to provide for an increase of
23 1% in the pay rates of such pay plan. The
pay plan adopted by the gov-
24 ernor under this subsection shall be the
pay plan for the classified service
25 under the Kansas civil service act and
shall be effective on the first day
26 of the first biweekly payroll period which
is chargeable to the fiscal year
27 ending June 30, 2000. Such pay plan shall
be subject to modification and
28 approval as provided under K.S.A. 75-2938
and amendments thereto and
29 to any enactment of the legislature
applicable thereto.
30 (b) There is hereby
appropriated from the state general fund for the
31 state finance council, for the
fiscal year ending June 30, 2000, the sum of
32 $29,100,609 to be used for the
purpose of paying the proportionate share
33 of the cost to the state general
fund of: (1) The salary increases which are
34 provided for by adoption of the
pay plan under subsection (a) for state
35 officers and employees in the
classified service under the Kansas civil
36 service act; (2) the salary
increases which are provided for step move-
37 ments of the pay plan for state
officers and employees in the classified
38 service under the Kansas civil
service act; (3) the salary increases for state
39 officers and employees in the
unclassified service under the Kansas civil
40 service act which are provided
for in subsection (a)(1) and subsection
41 (a)(2) of section 2; (4) the
salary increases for the governor, lieutenant
42 governor, secretary of state,
state treasurer, commissioner of insurance
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2
1 and attorney general; and
(5) longevity bonus payments under K.S.A. 75-
2 5541 and amendments
thereto for state officers and employees in the
3 classified service under
the Kansas civil service act and of longevity
bonus
4 payments, which shall each
be a bonus as defined by 29 C.F.R. 778.208,
5 for state officers and
employees in the unclassified service under the
6 Kansas civil service act
of agencies in the executive branch of state gov-
7 ernment. Nothing in this
section shall be construed to require the pay-
8 ment of longevity bonuses
for state officers and employees in the unclas-
9 sified service under the
Kansas civil service act of agencies in the
10 executive branch of state
government.
11 (c) To pay the
proportionate share of the cost to the state general
fund
12 of each state agency for the
salary increases and longevity bonus payments
13 under subsection (b), including
associated employer contributions, upon
14 recommendation of the director
of the budget, the state finance council,
15 acting on this matter which is
hereby characterized as a matter of legis-
16 lative delegation and subject to
the guidelines prescribed in subsection
17 (c) of K.S.A. 75-3711c and
amendments thereto, except paragraph (3) of
18 such subsection (c), is hereby
authorized and directed to approve the
19 transfer of moneys from the
appropriation under subsection (b) to the
20 proper accounts created by state
general fund appropriations for the fiscal
21 year ending June 30,
2000.
22 (d) Upon recommendation of
the director of the budget, the state fi-
23 nance council, acting on this
matter which is hereby characterized as a
24 matter of legislative delegation
and subject to the guidelines prescribed
25 in subsection (c) of K.S.A.
75-3711c and amendments thereto, except
26 paragraph (3) of such subsection
(c), is hereby authorized to approve
27 increases in expenditure
limitations on special revenue funds and ac-
28 counts established for the
fiscal year ending June 30, 2000, for the pur-
29 pose of paying from such funds
or accounts the proportionate share of
30 the cost to such funds or
accounts, including associated employer contri-
31 butions, of the salary increases
and longevity bonus payments under sub-
32 section (b).
33 (e) Each state agency of
the executive branch of state government shall
34 prepare and submit a budget
estimate for such salary increases and lon-
35 gevity bonus payments under
subsection (b), and all amendments and
36 revisions of such estimates, to
the director of the budget on forms pre-
37 scribed by the director of the
budget. At the same time as each state
38 agency submits such estimate,
and all amendments and revisions thereof,
39 each state agency shall submit a
copy of such estimate, and all amend-
40 ments and revisions thereof,
directly to the legislative research
41 department.
42 New Sec. 2.
(a)(b) (1) The governor is hereby authorized
and directed
43 to modify or authorize the modification of
the salaries of state officers
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1 and employees who are in the
unclassified service under the Kansas civil
2 service act and whose salaries are
subject to approval by the governor
3 under K.S.A. 75-2935b or 75-2935c and
amendments thereto or under
4 any other statute to provide for base
salary increases, to be effective on
5 the first day of the first biweekly
payroll period which is chargeable to
6 the fiscal year ending June 30, 2000,
and to be distributed on a merit
7 basis from a merit salary increase
pool, the average of such increases shall
8 not exceed 3.5% of the base salaries
of such officers and employees.
9 (2) Each elected state official
of the executive branch of state govern-
10 ment, including the state board of
education, the state board of regents,
11 the board of trustees of the Kansas public
employees retirement system,
12 Kansas, Inc., [and] the board
of directors of Kansas technology enterprise
13 corporation and the board of
directors of the corporation for change, in
14 such official, agency or board's
discretion, are hereby authorized and di-
15 rected to modify or to authorize the
modification of the salaries of the
16 state officers and employees of such
official, agency or board who are in
17 the unclassified service under the Kansas
civil service act and whose sal-
18 aries are not subject to approval by the
governor under K.S.A. 75-2935b
19 or 75-2935c and amendments thereto or any
other statute to provide for
20 base salary increases to be effective on
the first day of the first biweekly
21 payroll period which is chargeable to the
fiscal year ending June 30, 2000,
22 and to be distributed on a merit basis from
a merit salary increase pool,
23 the average of such increases shall not
exceed 3.5% of the base salaries
24 of such officers and employees of such
official agency or board.
25 (b)(c) The provisions of subsection (a)(2) shall not authorize
or provide
26 any salary increase for the governor,
lieutenant governor, secretary of
27 state, state treasurer, commissioner of
insurance, attorney general, or to
28 any member of any state board, commission,
council or committee re-
29 ceiving per diem compensation as provided
by statute.
30 Sec. 3.
31
LEGISLATIVE COORDINATING
COUNCIL
32 (a) There is appropriated
for the above agency from the state general
33 fund for the fiscal year ending
June 30, 2000, the following:
34
Legislative coordinating
council--operations
$25,629
35
Legislative research
department--operations
$92,577
36
Office of the revisor of
statutes--operations
$67,400
37 Sec. 4.
38
LEGISLATURE
39 (a) There is appropriated
for the above agency from the state general
40 fund for the fiscal year ending
June 30, 2000, the following:
41
Operations (including official
hospitality)
$202,468
42 Sec. 5.
43
DIVISION OF POST AUDIT
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1 (a) There is
appropriated for the above agency from the state
general
2 fund for the fiscal year
ending June 30, 2000, the following:
3
Operations (including legislative post audit
committee)
$42,830
4 Sec.
6.
5
JUDICIAL COUNCIL
6 (a) There is
appropriated for the above agency from the state
general
7 fund for the fiscal year
ending June 30, 2000, the following:
8
Operating expenditures$8,264
[$7,824]
9 Sec.
7.
10
JUDICIAL BRANCH
11 (a) There is appropriated
for the above agency from the state general
12 fund for the fiscal year ending
June 30, 2000, the following:
13
Judiciary operations$2,945,729
[$2,857,933]
14 Sec. 8.2. K.S.A. 1998 Supp. 40-102 is hereby amended to read as
15 follows: 40-102. There is hereby
established a department to be known
16 as the insurance department, which shall
have a chief officer entitled the
17 commissioner of insurance who shall
receive, except as otherwise pro-
18 vided in K.S.A. 75-3111a and amendments
thereto, a salary at a biweekly
19 pay rate of $2,648.45$2,741.15, and such officer shall be charged with
20 the administration of all laws relating to
insurance, insurance companies
21 and fraternal benefit societies doing
business in this state, and all other
22 duties which are or may be imposed upon
such officer by law.
23 Sec. 9.3. K.S.A. 1998 Supp. 46-137a is hereby amended to read
as
24 follows: 46-137a. In addition to the
compensation provided for by K.S.A.
25 46-137b, 46-137e and 75-3212 and amendments
thereto, each member
26 of the legislature shall receive the
following amounts:
27 (a) The sum of
$72.06$74.58 per calendar day for service
at any regular
28 or special session, except as otherwise
provided in subsection (e);
29 (b) the sum of $80 per calendar day
for subsistence allowance for any
30 regular or special session of the
legislature, except that if the amounts
31 allowable for the capital city of Kansas
under applicable federal law and
32 regulations to employees of the executive
branch of the federal govern-
33 ment for per diem expenses, while away from
home but serving in the
34 United States, are amounts which total
greater than $80, then each mem-
35 ber of the legislature shall receive such
greater total amount per calendar
36 day for subsistence allowance for any
regular or special session of the
37 legislature;
38 (c) an allowance of $270 for the
two-week period which coincides with
39 the first biweekly payroll period
commencing in April and for each of the
40 19 ensuing two-week periods thereafter, to
defray expenses incurred be-
41 tween sessions of the legislature for
postage, telephone, office and other
42 incidental expenses;
43 (d) an allowance for mileage in an
amount equal to the rate per mile
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1 prescribed under the provisions of
K.S.A. 75-3203a and amendments
2 thereto multiplied by the number of
miles traveled by the usual route in
3 going to and returning from the
member's place of residence for any
4 regular or special session of the
legislature. Such mileage allowances shall
5 be paid for not to exceed the
equivalent of one trip for each full week
6 occurring between convening and
adjournment sine die in any regular or
7 special session. The mileage
allowance provided under the provisions of
8 this subsection shall not be subject
to the restrictions relating to the use
9 of vehicles prescribed by K.S.A.
75-3203 and 75-3203a and amendments
10 thereto but shall only be allowed for trips
actually made. Compensation
11 and subsistence allowance shall not be
allowed under the provisions of
12 subsections (a) and (b) of this section
during any period in which the
13 legislature is adjourned for more than two
days, Sundays excepted; and
14 (e) whenever the rates of
compensation of the pay plan for persons in
15 the classified service under the Kansas
civil service act are increased for
16 payroll periods chargeable to fiscal years
commencing after June 30, 1999
17 2000, the rate of compensation per
calendar day for members of the
18 legislature for service at any regular or
special session of the legislature
19 shall be increased on the effective date of
any such pay plan increase by
20 an amount computed by multiplying the
average of the percentage in-
21 creases in all steps of such pay plan by
the rate of compensation per
22 calendar day which is authorized by this
section for service at any regular
23 or special session of the legislature for
the day upon which such increase
24 is computed.
25 Sec. 10.4. K.S.A. 1998 Supp. 46-137b is hereby amended to read
as
26 follows: 46-137b. (a) In addition to the
compensation provided for by
27 K.S.A. 46-137a and 75-3212 and amendments
thereto, and any other stat-
28 ute, and except as otherwise provided by
subsection (b):
29 (1) The president of the senate and
the speaker of the house of rep-
30 resentatives shall each receive an
allowance at a biweekly pay rate of
31 $438.82$454.18
during their terms of office as speaker and president,
32 which compensation shall be for additional
services performed in con-
33 nection with discharging the duties
assigned to the respective positions;
34 (2) the speaker pro tem of the house
of representatives, the vice pres-
35 ident of the senate, the assistant majority
leaders of the senate and house
36 of representatives and the assistant
minority leaders of the senate and
37 house of representatives shall each receive
an allowance at a biweekly pay
38 rate of $223.97$231.81 during their respective terms of office which
39 compensation shall be for additional
services performed in connection
40 with discharging the duties 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 at a biweekly pay rate
of $352.89$365.24 during their
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1 respective terms of office, which
compensation shall be for additional
2 services performed in connection with
discharging the duties assigned to
3 the respective positions; and
4 (4) the majority and minority
leaders of the senate and the house of
5 representatives shall each receive an
allowance at a biweekly pay rate of
6 $395.89$409.75 during their respective terms of office, which
compen-
7 sation shall be for additional
services performed in connection with dis-
8 charging the duties assigned to the
respective positions.
9 (b) Whenever the rates of
compensation of the pay plan for persons in
10 the classified service under the Kansas
civil service act are increased for
11 payroll periods chargeable to fiscal years
commencing after June 30, 1999
12 2000, the biweekly pay rate of
officers of the legislature specified in sub-
13 section (a) shall be increased on the
effective date of any such pay plan
14 increase by an amount computed by
multiplying the average of the per-
15 centage increases in all steps of such pay
plan by the biweekly pay rate
16 of such officers which is being received as
provided by law and which is
17 in effect prior to the effective date of
such pay plan increase.
18 Sec. 11.5. K.S.A. 1998 Supp. 75-3101 is hereby amended to read
as
19 follows: 75-3101. Except as otherwise
provided in K.S.A. 75-3111a and
20 amendments thereto, the governor of the
state shall receive for services
21 a salary at a biweekly pay rate of
$3,409.22$3,528.54.
22 Sec. 12.6. K.S.A. 1998 Supp. 75-3103 is hereby amended to read
as
23 follows: 75-3103. (a) The lieutenant
governor shall receive, as reimburse-
24 ment for expenses the following: (1)
Biweekly the sum of $72.12, and (2)
25 when attending the duties of office or
attending any authorized meeting,
26 in addition to other provisions of this
section, travel expenses and subsis-
27 tence expenses and allowances in amounts
equal to those provided for by
28 K.S.A. 75-3212 and amendments thereto.
29 In addition to any other compensation
provided by law and except as
30 otherwise provided in K.S.A. 75-3111a and
amendments thereto, the lieu-
31 tenant governor shall also receive for
services in the performance of duties
32 imposed by law compensation at the biweekly
pay rate of $964.29
33 $998.04. While acting as governor,
the lieutenant governor shall receive
34 the same salary as the governor. The
lieutenant governor may appoint an
35 administrative assistant and office and
stenographic employees, all of
36 whom shall be in the unclassified service
of the Kansas civil service act.
37 Such administrative assistant shall receive
travel expenses and subsistence
38 expenses or allowances as provided by
K.S.A. 75-3212 and amendments
39 thereto when traveling as authorized by the
lieutenant governor.
40 (b) If the lieutenant governor is
appointed by the governor under the
41 provision of K.S.A. 75-303 and amendments
thereto, the lieutenant gov-
42 ernor shall receive a salary to be fixed by
the governor or a salary as
43 provided for in subsection (a) of this
section, whichever is greater.
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1 Sec.
13.7. K.S.A. 1998 Supp. 75-3104 is
hereby amended to read as
2 follows: 75-3104. Except as otherwise
provided in K.S.A. 75-3111a and
3 amendments thereto, the secretary of
state shall receive for services a
4 salary at a biweekly pay rate of
$2,648.45$2,741.15.
5 Sec.
14.8. K.S.A. 1998 Supp. 75-3108 is
hereby amended to read as
6 follows: 75-3108. Except as otherwise
provided in K.S.A. 75-3111a and
7 amendments thereto, the state
treasurer shall receive for services a salary
8 at a biweekly pay rate of
$2,648.45$2,741.15.
9 Sec.
15.9. K.S.A. 1998 Supp. 75-3110 is
hereby amended to read as
10 follows: 75-3110. Except as otherwise
provided in K.S.A. 75-3111a and
11 amendments thereto, the attorney general
shall receive for services a
12 salary at a biweekly pay rate of
$3,045.64$3,152.24.
13 Sec. 16.10. K.S.A. 1998 Supp. 75-3111a is hereby amended to read
as
14 follows: 75-3111a. Whenever the rates of
compensation of the pay plan
15 for persons in the classified service under
the Kansas civil service act are
16 increased for payroll periods chargeable to
fiscal years commencing after
17 June 30, 19992000,
the salary of the governor, the lieutenant governor,
18 the attorney general, the secretary of
state, the state treasurer and the
19 commissioner of insurance shall be
increased by an amount computed by
20 multiplying the average of the percentage
increases in all steps of such
21 pay plan by the salary of the elected state
officer which is being received
22 as provided by law and which is in effect
prior to the effective date of
23 such increase in the rates of compensation
of the pay plan for persons in
24 the classified service under the Kansas
civil service act.
25 [Sec. 11. K.S.A.
75-5537 is hereby amended to read as follows:
26 75-5537.(a)Except as
otherwise required by federal lawor by the
27 provisions of this section,
afterDecember 31, 1994June 13,
1999, any
28 rule and regulation relating to overtime
compensation for state
29 employees adopted by the secretary of
administration shall pro-
30 vide that only hours actually worked may
be considered in deter-
31 mining whether overtime compensation is
due and the amount of
32 overtime compensation due, whether in
the form of overtime pay
33 or compensatory time off in lieu of
overtime pay. AfterDecember
34 31, 1994June 13,
1999, to the extent that any rule and regulation
35 previouslyadopted by the
secretary of administrationprior to the
36 effective date of this actcontains a provision contrary to this section,
37 that portion of the rule and regulation,
and documents pertaining
38 to such portion of the rule and
regulation, shall have no effect and
39 shall not be enforced.
40 [(b) Each official state holiday which occurs within
a regularly sched-
41 uled workweek shall be counted as time
worked in determining the
42 amount of overtime work for state
employees.]
43 Sec. 17.11.[12.] K.S.A. [75-5537
and K.S.A.] 1998 Supp. 40-102,
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1 46-137a, 46-137b, 75-3101, 75-3103,
75-3104, 75-3108, 75-3110 and 75-
2 3111a are hereby repealed.
3 Sec.
18.12.[13.] This act shall take effect and be in force from
and
4 after its publication in the Kansas
register.
5