Session of 1999
         
SENATE BILL No. 55
         
By Committee on Federal and State Affairs
          
1-14
          
  9             AN  ACT concerning the legislature; relating to salaries, compensation
10             and benefits; amending K.S.A. 37-114, 37-115, 46-134a, 46-146a, 46-
11             161, 46-1104, 46-1209, 46-1801, 46-2401, 74-4995, 75-3718a and 77-
12             436 and K.S.A. 1998 Supp. 40-3403b, 46-137a, 46-2201, 46-2502 and
13             46-2701 and repealing the existing sections; also repealing K.S.A. 1998
14             Supp. 46-2201a.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. K.S.A. 1998 Supp. 46-137a is hereby amended to read as
18       follows: 46-137a. In addition to the compensation provided for by K.S.A.
19       46-137b, 46-137e and 75-3212 and amendments thereto, each member
20       of the legislature shall receive the following amounts:
21             (a)  (1) Prior to January 8, 2001, the sum of $72.06 per calendar day
22       for service at any regular or special session, except as otherwise provided
23       in subsection (e);. Whenever any statute provides that any person is to
24       receive per diem compensation under this section, such per diem com-
25       pensation shall be equal to the sum of $72.06 per calendar day, except
26       that whenever the rates of compensation of the pay plan for persons in
27       the classified service under the Kansas civil service act are increased for
28       payroll periods chargeable to fiscal years commencing after June 30, 1999,
29       such rate of compensation per calendar day under this section shall be
30       increased on the effective date of any such pay plan increase by an
31       amount, adjusted to the nearest $.01, computed by multiplying the av-
32       erage of the percentage increases in all steps of such pay plan by the rate
33       of compensation per calendar day which is authorized by this section for
34       the day upon which such increase is computed; and
35             (2) on and after January 8, 2001, a salary at an annual rate of
36       $18,000.06 for service as a member of the legislature, except as otherwise
37       provided in subsection (e). Such annual rate shall be paid at a biweekly
38       pay rate of $692.31;
39             (b) the sum of $80 per calendar day for subsistence allowance for any
40       regular or special session of the legislature, except that if the amounts
41       allowable for the capital city of Kansas under applicable federal law and
42       regulations to employees of the executive branch of the federal govern-
43       ment for per diem expenses, while away from home but serving in the

SB 55

2

  1       United States, are amounts which total greater than $80, then each mem-
  2       ber of the legislature shall receive such greater total amount per calendar
  3       day for subsistence allowance for any regular or special session of the
  4       legislature;
  5             (c) prior to January 8, 2001, an allowance of $270 for the two-week
  6       period which coincides with the first biweekly payroll period commencing
  7       in April and for each of the 19 ensuing two-week periods thereafter, to
  8       defray expenses incurred between sessions of the legislature for postage,
  9       telephone, office and other incidental expenses;
10             (d) an allowance for mileage in an amount equal to the rate per mile
11       prescribed under the provisions of K.S.A. 75-3203a and amendments
12       thereto multiplied by the number of miles traveled by the usual route in
13       going to and returning from the member's place of residence for any
14       regular or special session of the legislature. Such mileage allowances shall
15       be paid for not to exceed the equivalent of one trip for each full week
16       occurring between convening and adjournment sine die in any regular or
17       special session. The mileage allowance provided under the provisions of
18       this subsection shall not be subject to the restrictions relating to the use
19       of vehicles prescribed by K.S.A. 75-3203 and 75-3203a and amendments
20       thereto but shall only be allowed for trips actually made. Compensation
21       and subsistence allowance shall not be allowed under the provisions of
22       subsections (a) and (b) of this section during any period in which the
23       legislature is adjourned for more than two days, Sundays excepted; and
24             (e)  (1) prior to January 8, 2001, whenever the rates of compensation
25       of the pay plan for persons in the classified service under the Kansas civil
26       service act are increased for payroll periods chargeable to fiscal years
27       commencing after June 30, 1999, the rate of compensation per calendar
28       day for members of the legislature for service at any regular or special
29       session of the legislature shall be increased on the effective date of any
30       such pay plan increase by an amount computed by multiplying the average
31       of the percentage increases in all steps of such pay plan by the rate of
32       compensation per calendar day which is authorized by this section for
33       service at any regular or special session of the legislature for the day upon
34       which such increase is computed.; and
35             (2) on and after January 8, 2001, whenever the rates of compensation
36       of the pay plan for persons in the classified service under the Kansas civil
37       service act are increased for payroll periods chargeable to fiscal years
38       commencing after June 30, 2001, the biweekly pay rate of the salary,
39       which is authorized by this section which is in effect when such pay plan
40       increase takes effect, shall be increased on the effective date of any such
41       pay plan increase by an amount computed by multiplying the average of
42       the percentage increases in all monthly steps of such pay plan by the
43       biweekly pay rate in effect for the biweekly pay period preceding the

SB 55

3

  1       biweekly pay period for which such pay plan increase takes effect; and
  2             (f) a geographical multicounty district travel allowance. Such allow-
  3       ance shall be an allowance for mileage in an amount equal to the rate per
  4       mile prescribed under the provisions of K.S.A. 75-3203a and amendments
  5       thereto multiplied by the number of actual miles traveled by the member
  6       to and from meetings held within the member's district when the legis-
  7       lature is not in session relating to the member's legislative responsibilities.
  8       The provisions of this section apply only to members whose legislative
  9       district includes all or portions of two or more counties and such meeting
10       occurs within the member's district but in a county other than the county
11       of the member's residence. Such allowance may be paid only upon a claim
12       voucher signed by the member presenting such claim. The mileage allow-
13       ance provided under the provisions of this subsection shall not be subject
14       to the restrictions relating to the use of vehicles prescribed by K.S.A. 75-
15       3203 and 75-3203a and amendments thereto but shall only be allowed for
16       trips actually made.
17             Sec.  2. K.S.A. 74-4995 is hereby amended to read as follows: 74-
18       4995. (1) Employer and employee contributions shall be governed by the
19       provisions of K.S.A. 74-4919 and 74-4920 and amendments thereto. For
20       any member who first became a member under this act prior to January
21       8, 2001, for purposes of contributions to and benefits under the Kansas
22       public employees retirement system, except as provided in subsection (2),
23       (3) or (4), compensation of members under this act shall be a monthly
24       amount equal to the compensation to which the member was entitled for
25       services as a member of the legislature during the period January 15 to
26       February 14, inclusive, of the most recent session in which the member
27       has served and employer and employee rate of contribution shall be ap-
28       plied to such amounts monthly. For members of the legislature who first
29       became a member under this act, on and after January 8, 2001, for pur-
30       poses of contributions to and benefits under the Kansas public employees
31       retirement system, except as provided in subsection (4), compensation of
32       members under this act shall be an amount equal to the amount provided
33       in subsection (a)(2) of K.S.A. 46-137a and amendments thereto. The em-
34       ployee and employer contributions shall be remitted to the system quar-
35       terly with a report of same as may be required by the board. The em-
36       ployee contributions may be deducted from either any compensation of
37       the member or any expense allowance or reimbursement of the member,
38       or any combination thereof.
39             (2) For service as a member after July 18, 1982, a member of the
40       legislature may elect to participate with a rate of compensation that in-
41       cludes a monthly amount equal to 1/12 of the annualized amount received
42       for monthly allowance under subsection (c) of K.S.A. 46-137a and amend-
43       ments thereto. Such changes in the member's rate of compensation and

SB 55

4

  1       contributions shall be effective the first day of the payroll period coincid-
  2       ing with or following the calendar quarter in which the election is received
  3       by the board of trustees of the system. All elections shall be in the form
  4       and manner prescribed by the board of trustees. The provisions of this
  5       subsection shall not apply to a member of the legislature who first became
  6       a member on or after January 8, 2001.
  7             (3) For service as a member after July 18, 1982, and prior to the
  8       effective date of this act, a member of the legislature may elect to partic-
  9       ipate with a rate of compensation that includes a monthly amount equal
10       to 1/12th the annualized amount received for expenses allowance under
11       subsection (b) of K.S.A. 46-137a and amendments thereto. Upon such
12       election, such member of the legislature shall make a lump-sum payment
13       equivalent to 4% of such compensation, and the member's final average
14       salary shall be based on compensation added thereto.
15             (4) A member of the legislature may elect to participate with a rate
16       of compensation that includes a monthly amount equal to 1/12th the an-
17       nualized amount received for expenses allowance under subsection (b) of
18       K.S.A. 46-137a and amendments thereto. Such changes in the member's
19       rate of compensation and contributions shall be effective the first day of
20       the payroll period coinciding with or following the calendar quarter in
21       which the election is received by the board of trustees of the system. All
22       elections shall be in the form and manner prescribed by the board of
23       trustees.
24             (5) Any member of the legislature making one or more of the elec-
25       tions provided in this section may not revoke such election or elections
26       while they remain a participating employee for service as a member of
27       the legislature.
28             (6) On and after January 8, 2001, for all purposes under the system,
29       including all determinations of contributions and benefits, the provisions
30       of law in effect prior to January 8, 2001, with respect to the amounts and
31       rates of compensation and other amounts which would have been pro-
32       vided under K.S.A. 46-137a and amendments thereto, shall be deemed to
33       continue to apply for all purposes under the system to determine, for the
34       purposes of such member's continuous service on and after January 8,
35       2001, the amounts and rates of compensation of a member who was a
36       member subject to this section prior to January 8, 2001, including the per
37       diem rate of compensation under subsection (a) of K.S.A. 46-137a and
38       amendments thereto, and any increases in such per diem compensation
39       pursuant to subsection (e) of such statute which would have otherwise
40       have taken effect if such member had actually received compensation in
41       accordance with the provisions of subsection (a) of such statute, and in-
42       cluding the amounts provided under subsection (c) of such statute.
43             Sec.  3. K.S.A. 37-114 is hereby amended to read as follows: 37-114.

SB 55

5

  1       The officers and members of the senate, while sitting as a court of im-
  2       peachment when the legislature is not in session, shall receive compen-
  3       sation and travel expenses and subsistence expenses or allowances as pro-
  4       vided in K.S.A. 75-3212, as amended and amendments thereto.
  5             Sec.  4. K.S.A. 37-115 is hereby amended to read as follows: 37-115.
  6       Each member of the board of managers of the house while actually em-
  7       ployed upon such impeachment when the legislature is not in session,
  8       shall receive compensation and travel expenses and subsistence expenses
  9       or allowances as provided in K.S.A. 75-3212, as amended and amend-
10       ments thereto.
11             Sec.  5. K.S.A. 1998 Supp. 40-3403b is hereby amended to read as
12       follows: 40-3403b. (a) There is hereby created a health care stabilization
13       fund oversight committee to consist of eleven members, one of whom
14       shall be the chairperson of the board of governors or another member of
15       the board of governors designated by the chairperson, one of whom shall
16       be appointed by the president of the state senate, one of whom shall be
17       appointed by the minority leader of the state senate, one of whom shall
18       be appointed by the speaker of the state house of representatives, one of
19       whom shall be appointed by the minority leader of the state house of
20       representatives and six of whom shall be persons appointed by the leg-
21       islative coordinating council. The four members appointed by the presi-
22       dent and minority leader of the state senate and the speaker and minority
23       leader of the state house of representatives shall be members of the state
24       legislature. Of the six members appointed by the legislative coordinating
25       council, four shall either be health care providers or be employed by
26       health care providers, one shall be a representative of the insurance in-
27       dustry and one shall be appointed from the public at large who is not
28       affiliated with any health care provider or the insurance industry, but none
29       of such six members shall be members of the state legislature. Members
30       serving on the committee on July 1, 1991, shall continue to serve at the
31       pleasure of the appointing authority.
32             (b) The legislative coordinating council shall designate a chairperson
33       of the committee from among the members thereof. The committee shall
34       meet upon the call of the chairperson. It shall be the responsibility of the
35       committee to make an annual report to the legislative coordinating coun-
36       cil on or before September 1 of each year and to perform such additional
37       duties as the legislative coordinating council shall direct. The report re-
38       quired to be made to the legislative coordinating council shall include
39       recommendations to the legislature on the advisability of continuation or
40       termination of the fund or any provisions of this act, an analysis of the
41       market for insurance for health care providers, recommendations on ways
42       to reduce claim and operational costs of the fund, and legislation neces-
43       sary to implement recommendations of the committee.

SB 55

6

  1             (c) The board of governors shall provide any consulting actuarial firm
  2       contracting with the legislative coordinating council with such information
  3       or materials pertaining to the health care stabilization fund deemed nec-
  4       essary by the actuarial firm for performing the requirements of any ac-
  5       tuarial reviews for the health care stabilization fund oversight committee
  6       notwithstanding any confidentiality prohibition, restriction or limitation
  7       imposed on such information or materials by any other law. The consult-
  8       ing actuarial firm and all employees and former employees thereof shall
  9       be subject to the same duty of confidentiality imposed by law on other
10       persons or state agencies with regard to information and materials so
11       provided and shall be subject to any civil or criminal penalties imposed
12       by law for violations of such duty of confidentiality. Any reports of the
13       consulting actuarial firm shall be made in a manner which will not reveal
14       directly or indirectly the name of any persons or entities or individual
15       reserve information involved in claims or actions for damages for personal
16       injury or loss due to error, omission or negligence in the performance of
17       professional services by health care providers. Information provided to
18       the actuary shall not be subject to discovery, subpoena or other means of
19       legal compulsion in any civil proceedings and shall be returned by the
20       actuary to the health care stabilization fund.
21             (d) The staff of the legislative research department, the office of the
22       revisor of statutes and the division of legislative administrative services
23       shall provide such assistance as may be requested by the committee and
24       to the extent authorized by the legislative coordinating council.
25             (e) Members of the committee attending meetings of the committee,
26       or attending a subcommittee meeting thereof authorized by the commit-
27       tee, shall be paid compensation, travel expenses and subsistence expenses
28       as provided in K.S.A. 75-3212, and amendments thereto.
29             (f) This section shall be a part of and supplemental to the health care
30       provider insurance availability act.
31             Sec.  6. K.S.A. 46-134a is hereby amended to read as follows: 46-
32       134a. The committee on ways and means of the senate and the committee
33       on appropriations of the house of representatives of the legislature of the
34       state of Kansas shall be continuing committees of the legislature during
35       the terms for which the members are appointed and shall hold meetings
36       as may be necessary until the convening of the next regular session of the
37       legislature. In the event of a vacancy on the senate committee on ways
38       and means, a successor shall be appointed as members of senate com-
39       mittees are appointed, and in the event of a vacancy on the house com-
40       mittee on appropriations the speaker of the house shall appoint a
41       successor.
42             At any time following the adjournment of the legislature in each odd-
43       numbered year and until the convening of the ensuing session of the

SB 55

7

  1       legislature in even-numbered years each such committee or subcommit-
  2       tees thereof may, on call of the chairperson, meet and visit the various
  3       institutions for the purpose of acquiring information concerning the con-
  4       ditions, needs, and requirements of such institutions.
  5             Any member of such committees or subcommittees attending a meet-
  6       ing authorized by this section, shall receive compensation and travel ex-
  7       penses and subsistence expenses or allowances as provided in K.S.A. 75-
  8       3212 and amendments thereto.
  9             All vouchers of any member of each committee and all expense vouch-
10       ers shall be approved by the chairperson or vice-chairperson thereof.
11       Compensation, Allowances and expenses authorized under this section
12       shall be paid from funds specifically appropriated for such purpose or, in
13       the absence of such specific appropriation, from funds appropriated for
14       legislative expense.
15             Sec.  7. K.S.A. 46-146a is hereby amended to read as follows: 46-
16       146a. Orientation meetings for members-elect of the legislature shall be
17       provided on the day or days following the preorganizational meeting pro-
18       vided for in K.S.A. 46-142 and amendments thereto, as determined by
19       the legislative coordinating council. The candidates of the majority parties
20       for speaker of the house and president of the senate and the majority and
21       minority leaders of each house may call any members-elect to confer in
22       Topeka concerning organization and activities of the ensuing legislative
23       session at any time from the day following the preorganizational meeting
24       until the convening of the next following regular session of the legislature.
25       Members-elect attending orientation meetings or leadership conferences
26       as provided in this section shall receive compensation, expenses and al-
27       lowances as provided by law for attendance by members of the legislature
28       at authorized meetings under K.S.A. 75-3212 and acts amendatory
29       thereof or supplemental amendments thereto.
30             Sec.  8. K.S.A. 46-161 is hereby amended to read as follows: 46-161.
31       Members of the legislature attending a meeting called to fill a vacancy as
32       provided by rules of the senate or rules of the house of representatives,
33       or attending a meeting of the senate called for whatever reason by the
34       president or attending a meeting of the house of representatives called
35       for whatever reason by the speaker shall receive compensation, expense
36       allowances and mileage as provided by K.S.A. 75-3212 and any amend-
37       ments thereto.
38             Sec.  9. K.S.A. 46-1104 is hereby amended to read as follows: 46-
39       1104. Members of the legislative post audit committee shall receive com-
40       pensation, travel expenses and subsistence expenses and allowances as
41       provided in K.S.A. 75-3212 and amendments thereto. All compensation
42       and expenses of members of the legislative post audit committee arising
43       out of activities as members of such committee shall be paid from appro-

SB 55

8

  1       priations made for the division of post audit. All compensation and ex-
  2       penses of the post auditor and employees of the division of post audit
  3       shall be paid from appropriations made for the division of post audit. All
  4       payrolls and vouchers for payment of amounts from appropriations made
  5       for the division of post audit shall be approved by the post auditor.
  6             Sec.  10. K.S.A. 46-1209 is hereby amended to read as follows: 46-
  7       1209. (a) Any member of the legislative coordinating council, when at-
  8       tending a meeting of such council, shall receive compensation and travel
  9       expenses and subsistence expenses or allowances as provided in K.S.A.
10       75-3212, and acts amendatory thereof and supplemental amendments
11       thereto. Any member of a special committee, select committee or stand-
12       ing committee, when attending a meeting of such committee authorized
13       by the legislative coordinating council, shall receive compensation and
14       travel expenses and subsistence expenses or allowances as provided in
15       said K.S.A. 75-3212 and amendments thereto. Any member of an advisory
16       committee established by the legislative coordinating council, or any non-
17       legislator nonlegislator member of any committee authorized to make a
18       legislative study when attending a meeting of such committee authorized
19       by the legislative coordinating council, shall receive travel expenses and
20       subsistence expenses or allowances as provided by law for state employ-
21       ees, including mileage in the amount fixed according to law, for each mile
22       traveled by the usual route in going to and returning from the place of
23       meeting.
24             (b) Amounts paid under authority of this section shall be paid from
25       appropriations for legislative expense or from appropriations to the leg-
26       islative coordinating council as determined by the legislative coordinating
27       council and in either event, vouchers therefor shall be prepared by the
28       director of legislative administrative services and approved by the chair-
29       man or vice-chairman of the legislative coordinating council.
30             (c) Meetings of the legislative coordinating council, special commit-
31       tees, select committees and advisory committees shall be held in Topeka,
32       Kansas, unless authorized to be held in a different place by the legislative
33       coordinating council. Standing committee meetings shall be held in To-
34       peka, Kansas, unless another place of meeting is authorized by the chair-
35       man or vice-chairman of the legislative coordinating council. The legis-
36       lative coordinating council may authorize members of the legislature or
37       any officer or employee of the office of revisor of statutes, legislative
38       research department or other officer or employee of the legislative branch
39       to attend in-state or out-of-state meetings for participation in matters of
40       legislative interest to the state of Kansas. When attending a meeting so
41       authorized, such members of the legislature shall receive compensation
42       and travel expenses and subsistence expenses or allowances as provided
43       in said K.S.A. 75-3212. Officers and employees of the legislature when

SB 55

9

  1       traveling in-state or out-of-state shall receive the same subsistence ex-
  2       penses and allowances as is provided by law for members of the
  3       legislature.
  4             Sec.  11. K.S.A. 46-1801 is hereby amended to read as follows: 46-
  5       1801. (a) There is hereby established a joint committee on the arts and
  6       cultural resources which shall consist of five senators and five members
  7       of the house of representatives. The senate members shall be appointed
  8       by the committee on organization, calendar and rules. The house of rep-
  9       resentative members shall be appointed by the speaker of the house of
10       representatives. Not less than one representative member shall be a
11       member of the house committee on appropriations and not less than one
12       senator member shall be a member of the senate committee on ways and
13       means. In addition, not less than one representative member shall be a
14       member of the house committee on economic development and not less
15       than one senator member shall be a member of the senate committee on
16       commerce. The committee on organization, calendar and rules shall des-
17       ignate a senator member to be chairperson or vice-chairperson of the
18       joint committee as provided in this section. The speaker of the house of
19       representatives shall designate a representative member to be chairper-
20       son or vice-chairperson of the joint committee as provided in this section.
21             (b) A quorum of the joint committee on the arts and cultural re-
22       sources shall be six. All actions of the committee may be taken by a
23       majority of those present when there is a quorum. In odd-numbered years
24       the chairperson of the joint committee shall be the designated member
25       of the house of representatives from the convening of the regular session
26       in that year until the convening of the regular session in the next ensuing
27       year. In even-numbered years the chairperson of the joint committee shall
28       be the designated member of the senate from the convening of the reg-
29       ular session of that year until the convening of the regular session of the
30       next ensuing year. The vice-chairperson shall exercise all of the powers
31       of the chairperson in the absence of the chairperson.
32             (c) The joint committee on the arts and cultural resources shall study,
33       investigate and analyze the following matters:
34             (1) The goals appropriate to the future of the arts and cultural life of
35       Kansas including, but not limited to, the following: Public art; individual
36       artists; films, video, radio and music; and historic preservation;
37             (2) the role the legislature and state government should play in the
38       achievement of these goals;
39             (3) arts legislation in other states and at the federal level;
40             (4) the budget and programs of the Kansas arts commission and other
41       state supported arts and cultural programs and agencies;
42             (5) the present status of arts education in Kansas; and
43             (6) the economic impact of arts and cultural resources in Kansas.

SB 55

10

  1             (d) The joint committee shall report to the legislature on or before
  2       December 31 each year any finding and recommendations concerning
  3       the arts in Kansas which the joint committee deems appropriate. The
  4       joint committee may introduce such legislation as it deems necessary in
  5       performing its functions.
  6             (e) The joint committee on the arts and cultural resources shall meet
  7       on call of the chairperson as authorized by the legislative coordinating
  8       council. All such meetings shall be held in Topeka, unless authorized to
  9       be held in a different place by the legislative coordinating council. Mem-
10       bers of the joint committee shall receive compensation and travel ex-
11       penses and subsistence expenses or allowances as provided in K.S.A. 75-
12       3212, and amendments thereto, when attending meetings of such
13       committee authorized by the legislative coordinating council.
14             (f) Amounts paid under authority of this section shall be paid from
15       appropriations for legislative expense and vouchers therefor shall be pre-
16       pared by the director of legislative administrative services and approved
17       by the chairperson or vice-chairperson of the legislative coordinating
18       council.
19             Sec.  12. K.S.A. 1998 Supp. 46-2201 is hereby amended to read as
20       follows: 46-2201. (a) There is hereby created the joint committee on pen-
21       sions, investments and benefits which shall be composed of five senators
22       and eight members of the house of representatives. The five senate mem-
23       bers shall be the chairperson of the standing committee on ways and
24       means of the senate, or a member of such committee appointed by the
25       chairperson, two members appointed by the president and two members
26       appointed by the minority leader. The eight representative members shall
27       be the chairperson of the standing committee on appropriations of the
28       house of representatives, or a member of such committee appointed by
29       the chairperson, four members appointed by the speaker and three mem-
30       bers appointed by the minority leader.
31             (b) All members of the joint committee on pensions, investments and
32       benefits shall serve for terms ending on the first day of the regular leg-
33       islative session in odd-numbered years. The chairperson and vice-chair-
34       person serving on the effective date of this act will continue to serve in
35       such capacities through June 30, 1998. On and after July 1, 1998, and
36       until the first day of the 1999 regular legislative session, the chairperson
37       shall be one of the senate members of the joint committee selected by
38       the president and the vice-chairperson shall be one of the representative
39       members selected by the speaker. Thereafter, on and after the first day
40       of the regular legislative session in odd-numbered years, the chairperson
41       shall be one of the representative members of the joint committee se-
42       lected by the speaker and the vice-chairperson shall be one of the senate
43       members selected by the president and on and after the first day of the

SB 55

11

  1       regular legislative session in even-numbered years, the chairperson shall
  2       be one of the senate members of the joint committee selected by the
  3       president and the vice-chairperson shall be one of the representative
  4       members of the joint committee selected by the speaker. The chairperson
  5       and vice-chairperson of the joint committee shall serve in such capacities
  6       until the first day of the regular legislative session in the ensuing year.
  7       The vice-chairperson shall exercise all of the powers of the chairperson
  8       in the absence of the chairperson.
  9             (c) The joint committee on pensions, investments and benefits shall
10       meet at any time and at any place within the state on call of the chair-
11       person. Members of the joint committee shall receive compensation and
12       travel expenses and subsistence expenses or allowances as provided in
13       K.S.A. 75-3212 and amendments thereto when attending meetings of
14       such committee authorized by the legislative coordinating council.
15             (d) In accordance with K.S.A. 46-1204 and amendments thereto, the
16       legislative coordinating council may provide for such professional services
17       as may be requested by the joint committee on pensions, investments and
18       benefits.
19             (e) The joint committee on pensions, investments and benefits may
20       introduce such legislation as deemed necessary in performing such com-
21       mittee's functions.
22             (f) The joint committee on pensions, investments and benefits shall:
23             (1) Monitor, review and make recommendations regarding invest-
24       ment policies and objectives formulated by the board of trustees of the
25       Kansas public employees retirement system;
26             (2) review and make recommendations relating to benefits for mem-
27       bers under the Kansas public employees retirement system; and
28             (3) consider and make recommendations to the standing committee
29       of the senate specified by the president of the senate relating to the
30       confirmation of members of the board of trustees of the Kansas public
31       employees retirement system appointed pursuant to K.S.A. 74-4905 and
32       amendments thereto. The information provided by the Kansas bureau of
33       investigation or other criminal justice agency pursuant to subsection (h)
34       of K.S.A. 74-4905 and amendments thereto relating to the confirmation
35       of members of the board to the standing committee of the senate spec-
36       ified by the president shall be forwarded by the Kansas bureau of inves-
37       tigation or such other criminal justice agency to such joint committee for
38       such joint committee's consideration and other than conviction data, shall
39       be confidential and shall not be disclosed except to members and em-
40       ployees of the joint committee as necessary to determine qualifications
41       of such member. The committee, in accordance with K.S.A. 75-4319 and
42       amendments thereto shall recess for a closed or executive meeting to
43       receive and discuss information received by the committee pursuant to

SB 55

12

  1       this subsection.; and
  2             (4) review and make recommendations relating to inclusion of city
  3       and county correctional officers as eligible members of the Kansas police
  4       and firemen's retirement system.
  5             Sec.  13. K.S.A. 46-2401 is hereby amended to read as follows: 46-
  6       2401. (a)  There is hereby created the workers compensation fund over-
  7       sight committee to consist of eleven members as follows: (1) One member
  8       shall be the commissioner of insurance or the commissioner's designee,
  9       (2) one member shall be appointed by the president of the senate, (3)
10       one member shall be appointed by the minority leader of the senate, (4)
11       one member shall be appointed by the speaker of the house of represen-
12       tatives, (5) one member shall be appointed by the minority leader of the
13       house of representatives, (6) two members shall be persons appointed by
14       the legislative coordinating council, (7) three members shall be persons
15       appointed by the governor, and (8) one member shall be the director of
16       workers compensation or the director's designee. The four members ap-
17       pointed by the president and minority leader of the senate and the
18       speaker and minority leader of the house of representatives shall be mem-
19       bers of the legislature. The two members appointed by the legislative
20       coordinating council shall be appointed in accordance with the following:
21       One member shall represent employers having 25 or more employees
22       and one member shall represent employers having 24 or less employees.
23       The three members appointed by the governor shall be appointed in
24       accordance with the following: One member shall represent employers
25       having 25 or more employees, one member shall represent employers
26       having 24 or less employees and one member shall be appointed from
27       the public at large. None of the five members appointed by the legislative
28       coordinating council and the governor shall be members of the legislature.
29       Each member serving on the workers compensation fund oversight com-
30       mittee shall serve at the pleasure of the officer or council that appointed
31       the member.
32             (b) The legislative coordinating council shall designate a chairperson
33       and a vice-chairperson of the workers compensation fund oversight com-
34       mittee from among the members thereof. The committee shall meet upon
35       the call of the chairperson. The committee shall make an annual report
36       to the legislative coordinating council on or before September 1 of each
37       year and shall perform such additional duties as the legislative coordinat-
38       ing council shall direct. The report to the legislative coordinating council
39       shall include recommendations to the legislature on the advisability of
40       continuation or termination of the workers compensation fund or any
41       provisions of the workers compensation act relating thereto, an analysis
42       of the federal Americans with disabilities act and its effect on the workers
43       compensation fund, recommendations on ways to reduce claim and op-

SB 55

13

  1       erational costs of the workers compensation fund, and draft legislation
  2       which would implement recommendations of the committee.
  3             (c) The commissioner of insurance, or the commissioner's designee,
  4       shall provide any consulting actuarial firm contracting with the legislative
  5       coordinating council with such information or materials pertaining to the
  6       workers compensation fund deemed necessary by the actuarial firm for
  7       performing the requirements of any actuarial reviews for the workers
  8       compensation fund oversight committee notwithstanding any confiden-
  9       tiality prohibition, restriction or limitation imposed on such information
10       or materials by any other law. The consulting actuarial firm and all em-
11       ployees and former employees thereof shall be subject to the same duty
12       of confidentiality imposed by law on other persons or state agencies with
13       regard to information and materials so provided and shall be subject to
14       any civil or criminal penalties imposed by law for violations of such duty
15       of confidentiality. Any reports of the consulting actuarial firm shall be
16       made in a manner in which will not reveal directly or indirectly the name
17       of any persons or entities or individual reserve information involved in
18       claims against the workers compensation fund. Information provided to
19       the actuary shall not be subject to discovery, subpoena or other means of
20       legal compulsion in any civil proceedings and shall be returned by the
21       actuary to the commissioner of insurance.
22             (d) The staff of the legislative research department, the office of the
23       revisor of statutes and the division of legislative administrative services
24       shall provide such assistance as may be requested by the workers com-
25       pensation fund oversight committee and to the extent authorized by the
26       legislative coordinating council.
27             (e) Members of the workers compensation fund oversight committee
28       attending meetings of the committee, or attending a subcommittee meet-
29       ing thereof authorized by the committee, shall be paid compensation,
30       travel expenses and subsistence expenses or allowances as provided in
31       K.S.A. 75-3212 and amendments thereto.
32             Sec.  14. K.S.A. 1998 Supp. 46-2502 is hereby amended to read as
33       follows: 46-2502. (a) There is hereby created the health care reform leg-
34       islative oversight committee, hereinafter "committee," to oversee the nec-
35       essary changes in state laws and regulations made necessary by federal
36       law and, to the fullest extent possible, implement health care reform
37       specific to Kansas needs.
38             (b) The committee shall be composed of 12 members of the legisla-
39       ture appointed as follows: Three members of the house of representa-
40       tives appointed by the speaker of the house of representatives; three
41       members of the house of representatives appointed by the minority leader
42       of the house of representatives; three members of the senate appointed
43       by the president of the senate; and three members of the senate ap-

SB 55

14

  1       pointed by the minority leader of the senate. The president of the senate
  2       shall designate a senator member to be chairperson of the committee as
  3       provided in this section. The speaker of the house of representatives shall
  4       designate a representative member to be chairperson of the committee
  5       as provided in this section. The minority leader of the senate shall des-
  6       ignate a senate member to be vice-chairperson of the committee as pro-
  7       vided in this section. The minority leader of the house of representatives
  8       shall designate a representative member to be vice-chairperson of the
  9       committee as provided in this section. The secretary of health and envi-
10       ronment, the secretary of social and rehabilitation services, the director
11       of the budget and the commissioner of insurance shall be advisors to the
12       committee.
13             (c) A quorum of the committee shall be seven. All actions of the
14       committee may be taken by a majority of those present when there is a
15       quorum. In even-numbered years the chairperson of the committee shall
16       be the designated member of the senate from the convening of the reg-
17       ular session of that year until the convening of the regular session of the
18       next ensuing year. In odd-numbered years, the chairperson of the com-
19       mittee shall be the designated member of the house of representatives
20       from the convening of the regular session in that year until the convening
21       of the regular session in the next ensuing year. In even-numbered years,
22       the vice-chairperson of the committee shall be the designated member
23       of the house of representatives from the convening of the regular session
24       in that year until the convening of the regular session in the next ensuing
25       year. In odd-numbered years, the vice-chairperson of the committee shall
26       be the designated member of the senate from the convening of the reg-
27       ular session of that year until the convening of the regular session of the
28       next ensuing year. The vice-chairperson shall exercise all of the powers
29       of the chairperson in the absence of the chairperson.
30             (d) The committee shall be designated a standing joint committee of
31       the legislature and shall have such powers and duties as hereinafter pro-
32       vided. Funding of operations of the committee shall be made from mon-
33       eys appropriated to the legislature and expenditures of the committee
34       shall be approved by the legislative coordinating council. Administrative
35       support for the committee shall be provided by the division of legislative
36       administrative services.
37             (e) The health care reform legislative oversight committee shall meet
38       on call of the chairperson as authorized by the legislative coordinating
39       council. All such meetings shall be held in Topeka unless authorized to
40       be held in a different place by the legislative coordinating council. Mem-
41       bers of the committee shall receive compensation and travel expenses
42       and subsistence expenses or allowances as provided in K.S.A. 75-3212
43       and amendments thereto, when attending meetings of such committee

SB 55

15

  1       authorized by the legislative coordinating council.
  2             Sec.  15. K.S.A. 1998 Supp. 46-2701 is hereby amended to read as
  3       follows: 46-2701. (a) There is hereby created the SRS transition oversight
  4       committee which shall consist of 12 members as follows:
  5             (1) Three members appointed by the chairperson of the house ap-
  6       propriations committee of whom two are of the majority party and one
  7       is of the minority party;
  8             (2) three members appointed by the chairperson of the senate ways
  9       and means committee of whom two are of the majority party and one is
10       of the minority party;
11             (3) two members appointed by the speaker of the house of represen-
12       tatives from among the members of the house committee on health and
13       human services, one of whom shall be a member of the majority party
14       and one of whom shall be a member of the minority party;
15             (4) two members appointed by the president of the senate from
16       among the members of the senate committee on public health and wel-
17       fare, one of whom shall be a member of the majority party and one of
18       whom shall be a member of the minority party; and
19             (5) two members appointed jointly by the speaker of the house of
20       representatives and the president of the senate from among the members
21       of the health care reform legislative oversight committee, one of whom
22       shall be a member of the majority party and one of whom shall be a
23       member of the minority party.
24             (b) The chairperson of the house appropriations committee shall ap-
25       point the chairperson of the oversight committee for the first year, ending
26       on June 30, and the chairperson of the senate ways and means committee
27       shall appoint the chairperson of the oversight committee for the second
28       year of its existence. No legislator whose district includes any part of the
29       counties of Shawnee or Cowley shall be eligible to serve as a member of
30       the oversight committee.
31             (c) The oversight committee shall meet on call of the chairperson. All
32       such meetings shall be held in Topeka unless authorized to be held in a
33       different place by the legislative coordinating council. Members of the
34       oversight committee shall receive compensation and travel expenses and
35       subsistence expenses or allowances as provided in K.S.A. 75-3212 and
36       amendments thereto, when attending meetings of such committee.
37             (d)  (1) The oversight committee shall monitor implementation of the
38       transfer of long-term care programs from the secretary of social and re-
39       habilitation services to the secretary of aging. The committee shall spe-
40       cifically examine transfer cost neutrality and the need for additional fund-
41       ing to finance transition costs. The oversight committee shall ensure that
42       the transfer of the long-term care programs does not lead to a loss of
43       services by consumers.

SB 55

16

  1             (2) The oversight committee shall:
  2             (A) Monitor, review and make recommendations relating to privati-
  3       zation efforts at the state hospitals, the closure of hospital beds, the down-
  4       sizing of staff, the closure of Topeka state hospital and Winfield state
  5       hospital and training center, the funding of community services and the
  6       availability of adequate community services;
  7             (B) monitor and review preparation of an evaluation of the hospital
  8       closure process which emphasizes how the process might be improved if
  9       additional closure efforts are necessary in future years;
10             (C) review and make recommendations to the legislative coordinating
11       council relating to selection of a contractor to perform such evaluation of
12       the hospital closure process; and
13             (D) cooperate with the Kansas council on developmental disabilities
14       in developing and reviewing the request for proposal process and in se-
15       lecting the contractor to perform the hospital closure process evaluation.
16             (3) The oversight committee shall monitor, review and make rec-
17       ommendations relating to privatization of children service programs in-
18       cluding family preservation, foster care and adoption programs.
19             (4) The oversight committee shall:
20             (A) Prepare an interim report on findings and recommendations
21       which shall be provided to the legislature on or before the first day of the
22       1997 legislative session;
23             (B) prepare a final report on findings and recommendations which
24       shall be provided to the legislature on or before the first day of the 1998
25       legislative session; and
26             (C) prepare an additional interim report relating to how the closure
27       process could be improved, including recommendations for improve-
28       ments in the closure process should closure of similar institutions occur
29       in future years, to be presented separately on or before the first day of
30       the 1997 legislative session, and to prepare an additional final report on
31       such issues to be presented separately to the legislature on or before the
32       first day of the 1998 legislative session.
33             (e)  (1) In accordance with K.S.A. 46-1204 and amendments thereto,
34       the legislative coordinating council may provide for a contractor to per-
35       form an evaluation of the hospital closure process as may be recom-
36       mended by the SRS transition oversight committee.
37             (2) Such contractor shall prepare an evaluation of hospital closure,
38       including, but not limited to, evaluation of the following:
39             (A) Tracking of community placement and hospital transfers;
40             (B) appropriateness of placements and quality of community services;
41             (C) changes in capabilities of patients placed in the community and
42       other hospitals;
43             (D) consumer, parental and guardianship knowledge of available op-

SB 55

17

  1       tions prior to placements;
  2             (E) impact of parental or guardian opinions regarding closure;
  3             (F) changes in community attitudes toward hospital closure and per-
  4       sons with developmental disabilities or severe and persistent mental ill-
  5       ness; and
  6             (G) identification of elements of the closure process which are suc-
  7       cessful, and the elements which are unsuccessful, including recommen-
  8       dations on how the process may be improved.
  9             (f) The SRS transition oversight committee is hereby abolished on
10       July 1, 1998.
11             Sec.  16. K.S.A. 75-3718a is hereby amended to read as follows: 75-
12       3718a. The chairperson of the senate ways and means committee and the
13       chairperson of the house of representatives committee on appropriations
14       shall be entitled to attend, or be represented by another member of such
15       committees, at all hearings on the tentative budget prior to the convening
16       of each regular legislative session. Each such chairperson or the repre-
17       sentative of such chairperson, shall receive compensation and travel ex-
18       penses and subsistence expenses or allowances as provided in K.S.A. 75-
19       3212 and amendments thereto.
20             Sec.  17. K.S.A. 77-436 is hereby amended to read as follows: 77-436.
21       (a) There is hereby established a joint committee on administrative rules
22       and regulations which shall consist of five senators and seven members
23       of the house of representatives. The five senator members shall be ap-
24       pointed as follows: Three by the committee on organization, calendar and
25       rules and two by the minority leader of the senate. The seven represen-
26       tative members shall be appointed as follows: Four by the speaker of the
27       house of representatives and three by the minority leader of the house
28       of representatives. The committee on organization, calendar and rules
29       shall designate a senator member to be chairperson or vice-chairperson
30       of the joint committee as provided in this section. The speaker of the
31       house of representatives shall designate a representative member to be
32       chairperson or vice-chairperson of the joint committee as provided in this
33       section.
34             (b) A quorum of the joint committee on administrative rules and reg-
35       ulations shall be seven. All actions of the committee may be taken by a
36       majority of those present when there is a quorum. In odd-numbered years
37       the chairperson of the joint committee shall be the designated member
38       of the house of representatives from the convening of the regular session
39       in that year until the convening of the regular session in the next ensuing
40       year. In even-numbered years the chairperson of the joint committee shall
41       be the designated member of the senate from the convening of the reg-
42       ular session of that year until the convening of the regular session of the
43       next ensuing year. The vice-chairperson shall exercise all of the powers

SB 55

18

  1       of the chairperson in the absence of the chairperson.
  2             (c) All proposed rules and regulations shall be reviewed by the joint
  3       committee on administrative rules and regulations during the public com-
  4       ment period required by K.S.A. 77-421, and amendments thereto. All
  5       proposed forms used by state agencies and all proposed rules and regu-
  6       lations specifically excluded from the definition of rule and regulation
  7       under subsection (4) of K.S.A. 77-415, and amendments thereto, shall be
  8       subject to review by the joint committee. The committee may introduce
  9       such legislation as it deems necessary in performing its functions of re-
10       viewing administrative rules and regulations and agency forms.
11             (d) All rules and regulations filed each year in the office of secretary
12       of state and all forms used by state agencies and all rules and regulations
13       specifically excluded from the definition of rule and regulation under
14       subsection (4) of K.S.A. 77-415, and amendments thereto, shall be subject
15       to review by the joint committee. The committee may introduce such
16       legislation as it deems necessary in performing its functions of reviewing
17       administrative rules and regulations and agency forms.
18             (e) The joint committee shall meet on call of the chairperson as au-
19       thorized by the legislative coordinating council. All such meetings shall
20       be held in Topeka, unless authorized to be held in a different place by
21       the legislative coordinating council. Members of the joint committee shall
22       receive compensation and travel expenses and subsistence expenses or
23       allowances as provided in K.S.A. 75-3212, and amendments thereto, when
24       attending meetings of such committee authorized by the legislative co-
25       ordinating council.
26             (f) Amounts paid under authority of this section shall be paid from
27       appropriations for legislative expense and vouchers therefor shall be pre-
28       pared by the director of legislative administrative services and approved
29       by the chairperson or vice-chairperson of the legislative coordinating
30       council. 
31       Sec.  18. K.S.A. 37-114, 37-115, 46-134a, 46-146a, 46-161, 46-1104,
32       46-1209, 46-1801, 46-2401, 74-4995, 75-3718a and 77-436 and K.S.A.
33       1998 Supp. 40-3403b, 46-137a, 46-2201, 46-2201a, 46-2502 and 46-2701
34       are hereby repealed.
35        Sec.  19. This act shall take effect and be in force from and after its
36       publication in the statute book.