Session of 2000
HOUSE BILL No. 2940
By Committee on Appropriations
2-9
9 AN ACT concerning the department of corrections; relating to the re-
10 location of certain functions; concerning officers and employees laid
11 off therefrom; prescribing certain benefits and procedures therefrom;
12 amending K.S.A. 75-4370 and K.S.A. 1999 Supp. 75-6801 and repeal-
13 ing the existing sections.
14
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 75-4370 is hereby amended to read as follows: 75-
17 4370. (a) In establishing certified pools of eligible candidates under the
18 Kansas civil service act, a preference shall be given to each state officer
19 or employee (1) (A) who is in the classified service under the Kansas Civil
20 service act and is employed by an institution that is closed or abolished
21 or otherwise ceases operations or that is scheduled for such closure, ab-
22 olition or cessation of operations and has a budget reduction imposed that
23 is associated with such closure, abolition or cessation of operations, and
24 (2) (B) who is laid off from employment with such institution for the
25 reason of such closure, abolition or cessation of operations or such im-
26 position of a budget reduction, and (3) (C) who remains in such employ-
27 ment until the date the officer or employee is laid off or 2 (A) is in the
28 classified service under the Kansas civil service act and who is laid off
29 from employment at the Topeka correctional facility due to the transfer
30 of the reception and diagnostic unit from the Topeka correctional facility
31 to the El Dorado correctional facility, and (B) remains in such employ-
32 ment until the date the officer or employee is laid off.
33 (b) To qualify for the preference established by this section, a person
34 described in subsection (a) also shall meet the requirements for the vacant
35 position. In addition to other applicable provisions of the Kansas civil
36 service act and rules and regulations and policies adopted thereunder,
37 the preference established by this section shall place the person into the
38 reemployment pool, shall provide an opportunity for an interview for any
39 vacant position in the same or higher pay grade than the position from
40 which the person was laid off and for which the person meets the quali-
41 fications, and shall grant a right of first refusal for any vacant position.
42 No state agency shall be required to interview more than seven applicants
43 for any one position. The right of first refusal shall allow the person the
2
1 right to accept the first position applied for by the person for which the
2 person meets the qualifications and for which the pay grade is the same
3 as or lower than the pay grade of the position from which the person was
4 laid off. The right of first refusal may be exercised only one time and
5 must be exercised within the 24 months following the date of layoff.
6 (c) The secretary of administration shall give a global notice of layoff
7 to all state officers and employees, who are employed by an institution
8 that is scheduled for closure, abolition or cessation of operations, up to
9 180 days prior to such closure, abolition or cessation of operations. The
10 global notice of layoff shall be effective for all such state officers and
11 employees, including any state officer or employee who is transferred to
12 or employed by such institution within 180 days of the date of such clo-
13 sure, abolition or cessation of operations, for all purposes of lay off pro-
14 cedures under K.S.A. 75-2948 and amendments thereto, except each such
15 officer or employee receiving the global notice of layoff shall also be given
16 an individual notice of layoff which specifies such officer or employee's
17 individual date of layoff.
18 (d) Notice of layoff pursuant to K.S.A. 75-2948 and amendments
19 thereto, shall be given to state officers and employees whose proposed
20 layoff is caused by the transfer of the reception and diagnostic unit from
21 the Topeka correctional facility to the El Dorado correctional facility.
22 (d) (e) The secretary of administration shall adopt rules and regula-
23 tions necessary to implement the provisions of this section.
24 (e) (f) This section shall be part of and supplemental to the Kansas
25 civil service act.
26 Sec. 2. K.S.A. 1999 Supp. 75-6801 is hereby amended to read as
27 follows: 75-6801. (a) As used in this section:
28 (1) "Executive secretary" means the executive secretary of the Kansas
29 public employees retirement system.
30 (2) "F.T.E. positions" means the number of full time and regular part
31 time positions equated to full time, excluding seasonal and temporary
32 positions, paid from appropriations.
33 (3) "Head of the governmental branch" means the governor, in the
34 case of the executive branch; and the legislative coordinating council, in
35 the case of the legislative branch.
36 (4) "Retiree" means any person electing to retire pursuant to K.S.A.
37 74-4914, and amendments thereto, except that "retiree" shall not include
38 (A) any person who is retiring from a position which provides direct care
39 for patients at Topeka state hospital, Osawatomie state hospital, Rainbow
40 mental health facility or Larned state hospital, Kansas neurological insti-
41 tute, Parsons state hospital and training center, Winfield state hospital
42 and training center, university of Kansas medical center, Atchison juvenile
43 correctional facility, Beloit juvenile correctional facility, Larned juvenile
3
1 correctional facility, Topeka juvenile correctional facility, Kansas soldiers'
2 home and Kansas veterans' home, or (B) any person who is retiring from
3 the Topeka correctional facility due to the transfer of the reception and
4 diagnostic unit from the Topeka correctional facility to the El Dorado
5 correctional facility.
6 (b) The executive secretary shall provide the head of the govern-
7 mental branch notice of the name, employing state agency and retirement
8 date of each retiree retiring after the effective date of this act and such
9 other information that may be prescribed by the head of the govern-
10 mental branch.
11 (c) (1) Upon receipt of each notice pursuant to subsection (b) re-
12 garding a retiree employed by a state agency in the executive branch, the
13 governor shall direct the secretary of administration to reduce by one the
14 number of F.T.E. positions authorized for the state agency that employed
15 the retiree and reduce the expenditure authority of such state agency in
16 an amount attributable to the amount of unused salary and employer-
17 paid benefits attributable to the retiree's job position.
18 (2) Upon receipt of each notice pursuant to subsection (c) regarding
19 a retiree employed by a state agency in the legislative branch, the legis-
20 lative coordinating council shall reduce by one the number of F.T.E.
21 positions for the state agency that employed the retiree and reduce the
22 expenditure authority of such state agency in an amount attributable to
23 the retiree's job position.
24 (d) (1) For reductions made in the executive branch of government,
25 the governor is authorized to restore or allocate, to any state agency or
26 agencies within the executive branch, no more than 3/4 of the F.T.E.
27 positions and expenditure authority reductions made pursuant to subsec-
28 tion (c)(1), except that, upon request of the governor, the reduced num-
29 ber of authorized F.T.E. positions and the reduced amount of expendi-
30 ture authority established under subsection (c)(1) for a state agency in
31 the executive branch of government may be increased upon approval by
32 the state finance council acting on this matter which is hereby character-
33 ized as a matter of legislative delegation and subject to the guidelines
34 prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto.
35 (2) For reductions made in the legislative branch of government, the
36 legislative coordinating council is authorized to restore or allocate, to any
37 state agency or agencies within the legislative branch, no more than 3/4 of
38 the F.T.E. positions and expenditure authority reductions made pursuant
39 to subsection (c)(2), except that, upon request of the agency head, the
40 reduced number of authorized F.T.E. positions and the reduced amount
41 of expenditure authority established under subsection (c) for a state
42 agency in the legislative branch of government may be increased upon
43 approval by the legislative coordinating council.
4
1 (e) The secretary of administration is authorized to prescribe such
2 policies and procedures as may be deemed necessary to carry out the
3 provisions of this section.
4 Sec. 3. K.S.A. 75-4370 and K.S.A. 1999 Supp. 75-6801 are hereby
5 repealed.
6 Sec. 4. This act shall take effect and be in force from and after its
7 publication in the statute book.