Session of 2000
HOUSE Substitute for
SENATE BILL No. 138
By Kansas 2000 Select Committee
3-22
12 AN ACT relating
to public employment; concerning personnel discipli-
13 nary actions, policies
and procedures; compensation and benefits; re-
14 tirement provisions;
retirement and benefits related to certain elected
15 public service;
procedures, benefits and property dispositions related
16 to persons laid off
due to closed institutions or transferred functions;
17 amending K.S.A.
74-4914c, 75-2929d, 75-2949, 75-4370, 75-4371, 75-
18 4372, 75-4373,
75-4374, 75-4375 and 75-4376 and K.S.A. 1999 Supp.
19 46-233 and 75-6801 and
repealing the existing sections.
20
21 Be it enacted by the Legislature of the
State of Kansas:
22 New Section
1. (a) (1) If Kansas industries for the blind, which is
23 located on Topeka state hospital property
as defined by K.S.A. 1999 Supp.
24 75-37,123 and amendments thereto, is sold,
closed, abolished or other-
25 wise ceases operations as a state program,
the secretary of social and
26 rehabilitation services shall sell and
dispose of the assets of Kansas in-
27 dustries for the blind in a manner
determined by the secretary to maxi-
28 mize the amount of proceeds derived from
such sale.
29 (2) Each sale or
other disposition of the assets of Kansas industries
30 for the blind shall be exempt from the
provisions of K.S.A. 75-3739, and
31 amendments thereto, except that bidding
procedures which are not in
32 conflict with K.S.A. 75-3739, and
amendments thereto, may be used be-
33 fore awarding any contract under this
section.
34 (3) The
provisions of K.S.A. 75-6601 through 75-6608 and 75-7101
35 through 75-7107, and amendments thereto,
shall not apply to actions
36 under this section.
37 (b) If Kansas
industries for the blind is sold, closed, abolished or
38 otherwise ceases operation as a state
program, there shall be created in
39 the state treasury the KIB contingency fund
which shall be administered
40 by the director of the Kansas division of
services for the blind. Revenue
41 from the following sources shall be
deposited in the state treasury and
42 credited to the KIB contingency fund:
43 (1) Proceeds from
the sale of that portion of the Topeka state hospital
2
1 property, as defined by K.S.A. 1999
Supp. 75-37,123 and amendments
2 thereto, occupied by Kansas
industries for the blind at the time of the
3 sale, closure, abolishment or other
cessation of operations as a state
4 program;
5 (2) all
moneys received for accounts receivable of the Kansas indus-
6 tries for the blind;
7
(3) proceeds from the sale of the inventory of finished goods
and
8 works in progress of the Kansas
industries for the blind;
9
(4) proceeds from the sale of the inventory of raw materials
of the
10 Kansas industries for the blind;
11 (5) proceeds from
the sale of the capital assets of the Kansas indus-
12 tries for the blind; and
13 (6) the net
amount of moneys in the social welfare fund and any other
14 special revenue fund that constitute fees
and other revenues attributable
15 to the Kansas industries for the blind
program of the department of social
16 and rehabilitation services.
17 (c) Moneys
deposited in the KIB contingency fund shall be expended
18 only for the purposes prescribed in
subsection (f).
19 (d) On or before
the 10th day of each month, the director of accounts
20 and reports shall transfer from the state
general fund to the KIB contin-
21 gency fund interest earnings based on:
22 (1) The average
daily balance of moneys in the KIB contingency fund
23 for the preceding month; and
24 (2) the net
earnings of the pooled money investment portfolio for the
25 preceding month.
26 (e) All
expenditures from the KIB contingency fund shall be in ac-
27 cordance with appropriation acts upon
warrants of the director of ac-
28 counts and reports issued pursuant to
vouchers approved by the director
29 of the Kansas division of services for the
blind for the purposes set forth
30 in subsection (f).
31 (f)
(1) Within the limits of appropriations therefor, the director
of
32 the Kansas division of services for the
blind shall establish and administer
33 a grant program and make awards from the
KIB contingency fund for
34 the purposes of establishing or reopening a
facility to provide industrial
35 employment to the blind, within the city
limits of the city of Topeka. Only
36 organizations which are charitable
not-for-profit organizations which are
37 exempt from federal income taxation
pursuant to section 501 (c)(3) of the
38 federal internal revenue code of 1986, as
amended, or an agency of state
39 or local government, or any instrumentality
thereof, shall be eligible to
40 receive a grant award under this
section.
41 (2) Except as
provided in subsection (f)(3), a grantee shall not be
42 eligible for an award unless such grantee
agrees to comply with all of the
43 following provisions:
3
1 (A) Not
less than 75% of all persons employed by the grantee to
2 perform direct labor at the new
facility providing industrial employment
3 for the blind shall meet the
definition of blindness prescribed for use in
4 determining eligibility under the
federal social security administration;
5 (B) each
grantee shall be affiliated, or shall seek affiliation with,
na-
6 tional industries for the blind;
7 (C) each
grantee shall be authorized or shall be seeking authorization
8 to sell products under provisions of
K.S.A. 75-3317 et seq., and amend-
9 ments thereto; and
10 (D) each grantee
shall agree to provide equal to or greater than wages
11 and benefits as paid to all blind persons
who were employed by Kansas
12 industries for the blind at the time Kansas
industries for the blind was
13 sold, closed, abolished or otherwise ceased
operating as a state program,
14 to any blind person accepting employment at
the new facility providing
15 industrial employment to the blind if such
blind person was employed by
16 Kansas industries for the blind on or after
the date which is two years
17 before the date of such sale, closure,
abolishment or other cessation of
18 operations of Kansas industries for the
blind as a state program.
19 (3) Each grant
applicant, which is a charitable not-for-profit organi-
20 zation which is exempt or has applied for
exemption from federal income
21 taxation pursuant to section 501 (c)(3) of
the federal internal revenue
22 code of 1986, as amended, and which has a
majority of members of its
23 board of directors who are former employees
of Kansas industries for the
24 blind, shall be given preference in the
award of grants. If no grant appli-
25 cant is qualified for a preference under
this subsection, or if no applicant
26 is able to comply with the provisions of
subsection (f)(2), then grants shall
27 be awarded from the KIB contingency fund on
a competitive basis. The
28 director of Kansas division of services for
the blind shall adopt standards
29 to be used to review grant applicants when
grants are awarded on a com-
30 petitive basis to assure that the applicant
with the best chance of opera-
31 tional success is chosen pursuant to this
subsection (f)(3).
32 Sec.
2. K.S.A. 1999 Supp. 46-233 is hereby amended to read as
fol-
33 lows: 46-233. (a) (1) No state officer or
employee shall in the capacity as
34 such officer or employee be substantially
involved in the preparation of
35 or participate in the making of a contract
with any person or business by
36 which such officer or employee is employed
or in whose business such
37 officer or employee or any member of such
officer's or employee's im-
38 mediate family has a substantial interest
and no such person or business
39 shall enter into any contract where any
state officer or employee, acting
40 in such capacity, is a signatory to, has
been substantially involved in the
41 preparation of or is a participant in the
making of such contract and is
42 employed by such person or business or such
officer or employee or any
43 member of such officer's or employee's
immediate family has a substantial
4
1 interest in such person or
business.
2 (2) Except
as otherwise provided in this subsection, whenever any
3 individual has participated as a
state officer or employee in the making
4 of any contract with any person or
business, such individual shall not
5 accept employment with such person or
business as an employee, inde-
6 pendent contractor or subcontractor
until two years after performance of
7 the contract is completed or until
two years after the individual terminates
8 employment as a state officer or
employee, whichever is sooner. This
9 prohibition on accepting employment
shall not apply in any case in which:
10 (A) A state officer or employee who
participated in making a contract
11 while employed by an institution that is
subsequently closed or abolished
12 or otherwise ceases operations or that has
budget reductions imposed
13 that are associated with such closure and
who is laid off from employment
14 with such institution for the reason of
such closure, abolition or cessation
15 of operations or such imposition of budget
reductions; or (B) a state of-
16 ficer or employee who participated in
making a contract while employed
17 by an institution that is scheduled to be
closed or abolished or to cease
18 operations, who is scheduled to be laid off
from employment with such
19 institution for the reason of the scheduled
closure, abolition or cessation
20 of operations, and who voluntarily
terminates such employment after re-
21 ceiving such state officer or employee's
notice of the scheduled layoff;
22 (C) a state officer or employee who
participated in making a contract
23 while employed by the department of
corrections at the Topeka correc-
24 tional facility and who is laid off from
such employment due to the transfer
25 of the reception and diagnostic center
from the Topeka correctional fa-
26 cility to the El Dorado correctional
facility; or (D) a state officer or em-
27 ployee who participated in making a
contract while employed by the de-
28 partment of corrections at the Topeka
correctional facility and who
29 voluntarily terminates from such
employment after receiving such state
30 officer or employee's notice of
scheduled layoff due to the transfer of the
31 reception and diagnostic center from the
Topeka correctional facility to
32 the El Dorado correctional facility.
As used in this subsection (a)(2), ``laid
33 off'' and ``layoff'' mean, in the case of a
state officer or employee in the
34 classified service under the Kansas civil
service act, being laid off under
35 K.S.A. 75-2948, and amendments thereto,
and, in the case of a state
36 officer or employee in the unclassified
service under the Kansas civil
37 service act, being terminated from
employment with the state agency by
38 the appointing authority, except that
``laid off'' and ``layoff'' shall not in-
39 clude any separation from employment
pursuant to a budget reduction
40 or expenditure authority reduction and a
reduction of F.T.E. positions
41 under K.S.A. 75-6801, and amendments
thereto; and ``institution'' means
42 Topeka state hospital or Winfield state
hospital and training center.
43 (b) No individual
shall, while a legislator or within one year after the
5
1 expiration of a term as legislator,
be interested pecuniarily, either directly
2 or indirectly, in any contract with
the state, which contract is funded in
3 whole or in part by any appropriation
or is authorized by any law passed
4 during such term, except that the
prohibition of this subsection (b) shall
5 not apply to any contract interest in
relation to which a disclosure state-
6 ment is filed as provided by K.S.A.
46-239, and amendments thereto.
7 (c) No
individual, while a legislator or within one year after the ex-
8 piration of a term as a legislator,
shall represent any person in a court
9 proceeding attacking any legislative
action taken or enactment made dur-
10 ing any term such individual served as a
legislator as being unconstitu-
11 tional because of error in the legislative
process with respect to such
12 action or enactment unless such legislator
voted no upon the enactment
13 of the measure and declared on the record,
during such term, that such
14 legislation was unconstitutional. The
prohibition of this subsection (c)
15 shall not apply to a current or former
legislator charged with a violation
16 of such legislative action or
enactment.
17 (d) Subsections
(a) and (b) shall not apply to the following:
18 (1) Contracts let
after competitive bidding has been advertised for by
19 published notice; and
20 (2) Contracts for
property or services for which the price or rate is
21 fixed by law.
22 (e) When used in
this section:
23 (1) ``Substantial
interest'' shall have the same meaning ascribed
24 thereto by K.S.A. 46-229, and amendments
thereto, and any such interest
25 held within the preceding 12 months of the
act or event of participating
26 in the preparation of making a
contract.
27
(2) ``Substantially involved in the preparation or participate
in the
28 making of a contract'' means having
approved or disapproved a contract
29 or having provided significant factual or
specific information or advice or
30 recommendations in relation to the
negotiated terms of the contract.
31 New Sec.
3. (a) Notwithstanding any provision of law to the
contrary,
32 any member who is a member of the
legislature who is also employed by
33 a another participating employer of the
Kansas public employees retire-
34 ment system other than the legislature and
is an eligible employee as
35 defined in K.S.A. 74-4902, and amendments
thereto, may retire from
36 service from such other participating
employer and may continue to serve
37 as a member of the legislature. Such
member's retirement benefit shall
38 be based on the final average salary of
such member for service prior to
39 service as a member of the legislature.
40 (b) No such
member who is a member of the legislature who retires
41 as provided in subsection (a) and who
continues to serve as a member of
42 the legislature shall accrue any additional
service credit for such service
43 as a member of the legislature or be
entitled to any benefit provided in
6
1 K.S.A. 74-4916 or 74-4927, and
amendments thereto.
2 (c) When
such member who is a member of the legislature retires as
3 a member of the legislature, such
member's final average salary shall be
4 recalculated to include legislative
compensation, if such inclusion of such
5 compensation increases such member's
final average salary, of the mem-
6 ber up to the time of retirement from
the participating employer other
7 than the legislature as provided in
subsection (a).
8 (d) No such
member who is a member of the legislature shall be
9 entitled to any retirement benefits
for the period of time between the
10 date the member retired from the
participating employer other than the
11 legislature and the date such member
retires as a member of the
12 legislature.
13 (e) The
provisions of this section are intended to further the public
14 policy of encouraging persons to serve in
elective public office by per-
15 mitting a member of the system, who is a
member through employment
16 with a participating employer in a
nonelected position and who holds an
17 elected office as a member of the
legislature and who is also a member
18 of the system for such elected office, to
retire under the system from
19 such nonelected employment and to continue
serving in such elected
20 public office.
21 (f) The words and
phrases used in this section have the meanings
22 respectively ascribed thereto by K.S.A.
74-4902, and amendments
23 thereto, unless a different meaning is
plainly required by the context.
24 New Sec.
4. (a) Notwithstanding any provision of law to the
contrary,
25 any member who is an elected local official
of a municipality who is also
26 employed by another participating employer
of the Kansas public em-
27 ployees retirement system other than the
municipality and is an eligible
28 employee as defined in K.S.A. 74-4902, and
amendments thereto, may
29 retire from service from such other
participating employer and may con-
30 tinue to serve as an elected local
official.
31 (b) No such
member who is an elected local official who retires as
32 provided in subsection (a) and who
continues to serve as an elected local
33 official shall accrue any additional
service credit for such service as an
34 elected local official.
35 (c) The
provisions of this section are intended to further the public
36 policy of encouraging persons to serve in
elective public office by per-
37 mitting a member of the system, who is a
member through employment
38 with a participating employer in a
nonelected position and who holds an
39 elected office as an elected local official
of a municipality and who is also
40 a member of the system for such elected
office, to retire under the system
41 from such nonelected employment and to
continue serving in such
42 elected public office.
43 (d) The words and
phrases used in this section have the meanings
7
1 respectively ascribed thereto by
K.S.A. 74-4902, and amendments
2 thereto, unless a different meaning
is plainly required by the context.
3 Sec.
5. K.S.A. 74-4914c is hereby amended to read as follows:
74-
4 4914c. (1) Notwithstanding the
provisions of K.S.A. 74-4914, 74-4915 and
5 subsection (23) of K.S.A. 74-4902,
and amendments thereto, the normal
6 retirement date for all security
officers, as defined by paragraph (a) or (b)
7 of subsection (1) of K.S.A. 74-4914a
and amendments thereto, with at
8 least three consecutive years of
service as such security officer immedi-
9 ately preceding the date of
retirement, shall be the first day of the month
10 coinciding with or following the attainment
of age 55 and, and com-
11 mencing July 1, 1999, the first day of
the month coinciding with or fol-
12 lowing the date that the total of the
number of years of credited service
13 and the number of years of attained age
of the security officer is equal to
14 or more than 85. Any such security
officer may retire before such normal
15 retirement date on the first day of any
month coinciding with or following
16 the attainment of age 50 or completion of
10 years of credited service,
17 whichever occurs later.
18 (2)
(a) Except as otherwise provided in paragraph (b) of this
subsec-
19 tion (2), any security officer, as defined
by paragraph (a) or (b) of sub-
20 section (1) of K.S.A. 74-4914a and
amendments thereto, who retires be-
21 fore the normal retirement date shall
receive an annual retirement benefit
22 equal to the annual retirement benefit
payable had such security officer
23 retired on the normal retirement date but
based upon such security of-
24 ficer's final average salary and years of
participating and prior service
25 credited to the date of actual retirement
reduced by an amount equal to
26 the product of (i) such annual retirement
benefit payable had such se-
27 curity officer retired on the normal
retirement date, multiplied by (ii) the
28 product of .6% multiplied by the number of
months difference, to the
29 nearest whole month, between such security
officer's attained age at the
30 time of retirement and age 55.
31 (b) Any security
officer, as defined by paragraph (a) or (b) of subsec-
32 tion (1) of K.S.A. 74-4914a and amendments
thereto, who retires on or
33 after July 1, 1982, and prior to July 1,
1987, before the normal retirement
34 date shall receive an annual retirement
benefit equal to the annual re-
35 tirement benefit payable had such security
officer retired on the normal
36 retirement date but based upon such
security officer's final average salary
37 and years of participating and prior
service credited to the date of actual
38 retirement reduced by an amount equal to
the product of (i) such annual
39 retirement benefit payable had such
security officer retired on the normal
40 retirement date, multiplied by (ii) the
product of .3% multiplied by the
41 number of months difference, to the nearest
whole month, between such
42 security officer's attained age at the time
of retirement and age 55.
43 (c) Any security
officer, as defined by paragraph (a) or (b) of subsec-
8
1 tion (1) of K.S.A. 74-4914a and
amendments thereto, who retires on or
2 after July 1, 1990, before the normal
retirement date shall receive an
3 annual retirement benefit equal to
the annual retirement benefit payable
4 had such security officer retired on
the normal retirement date but based
5 upon such security officer's final
average salary and years of participating
6 and prior service credited to the
date of actual retirement reduced by an
7 amount equal to the product of (i)
such annual retirement benefit payable
8 had such security officer retired on
the normal retirement date, multi-
9 plied by (ii) the product of .2%
multiplied by the number of months
10 difference, to the nearest whole month,
between such security officer's
11 attained age at the time of retirement and
age 55.
12
(3) Notwithstanding the provisions of K.S.A. 74-4914, 74-4915
and
13 subsection (23) of K.S.A. 74-4902, the
normal retirement date for all
14 security officers, as defined by paragraph
(c), (d), (e) or (f) of subsection
15 (1) of K.S.A. 74-4914a and amendments
thereto, with at least three con-
16 secutive years of service as such security
officer immediately preceding
17 the date of retirement, shall be the first
day of the month coinciding with
18 or following the attainment of age 60
and, and commencing July 1, 2000,
19 the first day of the month coinciding
with or following the date that the
20 total of the number of years of credited
service and the number of years
21 of attained age of the security officer
is equal to or more than 85. Any
22 such security officer may retire before
such normal retirement date on
23 the first day of any month coinciding with
or following the attainment of
24 age 55 or completion of 10 years of
credited service, whichever occurs
25 later.
26 (4) (a) Except as
otherwise provided in paragraph (b) of this subsec-
27 tion (4), any security officer, as defined
by paragraph (c), (d), (e) or (f) of
28 subsection (1) of K.S.A. 74-4914a and
amendments thereto, who retires
29 before the normal retirement date shall
receive an annual retirement
30 benefit equal to the annual retirement
benefit payable had such security
31 officer retired on the normal retirement
date but based upon such se-
32 curity officer's final average salary and
years of participating and prior
33 service credited to the date of actual
retirement reduced by an amount
34 equal to the product of (i) such annual
retirement benefit payable had
35 such security officer retired on the normal
retirement date, multiplied by
36 (ii) the product of .6% multiplied by the
number of months difference,
37 to the nearest whole month, between such
security officer's attained age
38 at the time of retirement and age 60.
39 (b) Any security
officer, as defined by paragraph (c), (d), (e) or (f) of
40 subsection (1) of K.S.A. 74-4914a and
amendments thereto, who retires
41 on or after July 1, 1982, and prior to July
1, 1987, before the normal
42 retirement date shall receive an annual
retirement benefit equal to the
43 annual retirement benefit payable had such
security officer retired on the
9
1 normal retirement date but based upon
such security officer's final av-
2 erage salary and years of
participating and prior service credited to the
3 date of actual retirement reduced by
an amount equal to the product of
4 (i) such annual retirement benefit
payable had such security officer re-
5 tired on the normal retirement date,
multiplied by (ii) the product of .3%
6 multiplied by the number of months
difference, to the nearest whole
7 month, between such security
officer's attained age at the time of retire-
8 ment and age 60.
9 (c) Any
security officer, as defined by paragraph (c), (d), (e) or (f)
of
10 subsection (1) of K.S.A. 74-4914a and
amendments thereto, who retires
11 on or after July 1, 1990, before the normal
retirement date shall receive
12 an annual retirement benefit equal to the
annual retirement benefit pay-
13 able had such security officer retired on
the normal retirement date but
14 based upon such security officer's final
average salary and years of par-
15 ticipating and prior service credited to
the date of actual retirement re-
16 duced by an amount equal to the product of
(i) such annual retirement
17 benefit payable had such security officer
retired on the normal retirement
18 date, multiplied by (ii) the product of .2%
multiplied by the number of
19 months difference, to the nearest whole
month, between such security
20 officer's attained age at the time of
retirement and age 60.
21 Sec. 6. On
July 1, 2000, K.S.A. 75-2929d is hereby amended to read
22 as follows: 75-2929d. (a) The state civil
service board shall hear appeals
23 taken to it pursuant to: (1) K.S.A.
75-2940, 75-2949 and 75-3747, and
24 amendments thereto, concerning
demotion, dismissal or suspension of a
25 permanent employee in the classified
service, or concerning refusal to
26 examine an applicant or to certify a person
as eligible for a job class, and
27 (2) K.S.A. 75-2973, and amendments
thereto, concerning disciplinary ac-
28 tion in violation of that statute.
29 (b) When an
appeal is taken to the board, the board shall establish a
30 time and a place for the hearing which
shall be held within 45 days after
31 receipt of request for the appeal. The
board shall notify the person bring-
32 ing the appeal and the appointing authority
or other person whose action
33 is being reviewed of the time and the place
of the hearing at least 14 days
34 prior to such hearing. Each party at the
hearing shall have the right to be
35 represented by a person of the party's own
choice. Hearings shall be
36 conducted in accordance with the provisions
of the Kansas administrative
37 procedure act. For purposes of the
administrative procedure act, the state
38 civil service board shall be deemed the
agency head. The board may
39 affirm, modify or reverse an agency
action and order any other action it
40 deems appropriate.
41 (c) The board, or
the director of personnel services when authorized
42 by majority vote of the board, may
take deposition of depose witnesses.
43 Either party to a hearing may depose
witnesses in accordance with the
10
1 Kansas administrative procedure act.
If books and papers are required to
2 be produced in advance of a hearing
date, the person or agency producing
3 the books and papers shall be
entitled to receive reasonable compensation
4 to recover all costs of such
production from the person or agency for
5 which they are produced. The board,
any presiding officer or the director
6 may examine such public records as
may be required in relation to any
7 matter which the board has authority
to investigate.
8 (d) Each
person not in the classified or unclassified service who ap-
9 pears before the board or the
director by order shall receive for such
10 person's attendance the fees and mileage
provided for witnesses in civil
11 actions in the district court,
which. Such fees and mileage shall be audited
12 and paid by the state upon presentation of
proper vouchers. Each witness
13 subpoenaed at the request of parties other
than the board or the director
14 shall be entitled to compensation from the
state for attendance or travel
15 only if the board certifies that the
testimony of such witness was relevant
16 and material to the matter investigated or,
if such witness is not called to
17 testify, the board determines and certifies
that such compensation should
18 be paid.
19 Sec. 7. On
July 1, 2000, K.S.A. 75-2949 is hereby amended to read
20 as follows: 75-2949. (a) An appointing
authority may dismiss or demote
21 any permanent employee in the classified
service when the appointing
22 authority considers that the good of the
service will be served thereby
23 and. For
disciplinary purposes, an appointing authority may
suspend
24 without pay a permanent classified employee
for a period not to exceed
25 30 calendar days,
but. No permanent employee in the classified
service
26 shall be dismissed, demoted or suspended
for political, religious, racial
27 or other nonmerit reasons.
28 (b) Prior to
dismissal, demotion or suspension of a permanent em-
29 ployee in the classified service, the
appointing authority shall furnish the
30 employee by certified mail to the
employee's last known address, return
31 receipt requested, or by personal delivery,
a statement in writing specif-
32 ically setting forth the reasons and
factual basis therefor. A copy of such
33 statement shall be furnished immediately to
the director. This statement
34 shall contain notice of the proposed
dismissal, demotion or suspension
35 and shall specify the proposed effective
date thereof. Except as otherwise
36 provided in the Kansas civil service act, a
proposed suspension, demotion
37 or dismissal shall become effective no less
than three calendar days nor
38 more than 14 calendar days following the
date the notice of such proposed
39 suspension, demotion or dismissal is
personally delivered to the employee
40 or deposited with the post office as
certified mail. If in the opinion of the
41 appointing authority conditions warrant,
the appointing authority may re-
42 lieve the employee of duties or change the
duties of the employee during
43 such period. If the employee is relieved
from duty during such period,
11
1 the employee may be continued in pay
status, or placed on leave of ab-
2 sence without pay by the appointing
authority. In the statement proposing
3 suspension, demotion or dismissal,
the appointing authority shall offer
4 the employee who is proposed to be
suspended, demoted or dismissed
5 an opportunity to reply in writing,
or appear in person, or both, before
6 the appointing authority or a
designated representative of the appointing
7 authority, on the issue of the
proposed suspension, demotion or dismissal
8 prior to the time such suspension,
demotion or dismissal is specified by
9 the notice to become effective. The
statement shall specify the date, time
10 and place by, or at which, the employee may
reply in writing or appear,
11 or both. If the employee chooses to appear
in person on the issue of the
12 proposed action, the employee may be
represented by a person of the
13 employee's choice.
14 (c) Upon request
by the employee, or upon the initiative of the ap-
15 pointing authority, the appointing
authority may extend the time for reply
16 or appearance, or both, if the
circumstances warrant. Notice of any such
17 extension shall be furnished to the
employee and to the director of per-
18 sonnel services. The proposed suspension,
demotion or dismissal shall not
19 become effective until after the extended
period has expired.
20 (d) Following the
employee's response to the opportunity to reply to
21 the proposed action, or upon expiration of
the time for such reply, if no
22 reply is made, the appointing authority, or
the designee of the appointing
23 authority, shall notify the employee of the
final decision on the proposed
24 action. Such notice shall be in writing and
shall be sent by certified mail
25 to the employee's last known address or
personally delivered to the em-
26 ployee on or before the effective date of
the proposed action. A copy of
27 the notice shall be furnished immediately
to the director of personnel
28 services. This final notice of decision by
the appointing authority or the
29 designee of the appointing authority, to
suspend, demote or dismiss the
30 employee shall inform the employee of the
employee's right to appeal
31 the decision to the state civil service
board within 30 calendar days after
32 the effective date of the action.
33 (e) At any time
prior to the effective date of the proposed suspension,
34 demotion or dismissal or, if an appeal is
taken to the state civil service
35 board, at any time prior to the final
decision of the board, the appointing
36 authority, or the designee of the
appointing authority, may withdraw or
37 modify the action proposed to be taken or
taken against the employee.
38 Notice of any such withdrawal or
modification shall be given in writing
39 to the employee by certified mail to the
employee's last known address
40 or by personal delivery. A copy of the
notice shall be furnished immedi-
41 ately to the director of personnel
services.
42 (f) Any permanent
employee finally dismissed, demoted or sus-
43 pended, may request a hearing from the
state civil service board to de-
12
1 termine the reasonableness of such
action. Each such request for a hear-
2 ing shall be in writing and shall be
submitted to the director of personnel
3 services filed in
the office of the director of personnel services within 30
4 calendar days after the effective
date of the dismissal, demotion or sus-
5 pension. Additional days shall not
be added to the thirty-day period in
6 which an appeal may be filed if
the notice of the effective date of the
7 dismissal, demotion or suspension
is mailed to the employee. The board
8 shall grant the employee a hearing in
accordance with the provisions of
9 the Kansas administrative procedure
act within 45 calendar days after
10 receipt of such request. At the hearing the
burden of proof shall be upon
11 the employee to establish that the
appointing authority did not act rea-
12 sonably in taking such action.
13 (g) No employee
shall be disciplined or discriminated against in any
14 way because of the employee's proper use of
the appeal procedure.
15 (h) A permanent
employee who is demoted pursuant to this section
16 need not meet the qualifications for the
class of positions to which de-
17 moted if the appointing authority
determines that the employee can rea-
18 sonably be expected to perform
satisfactorily the duties of the position to
19 which the employee is demoted. A permanent
employee who is demoted
20 pursuant to this section shall have
permanent status in the class to which
21 demotion is made, effective on the date of
the demotion.
22 (i) In case of a
situation in which the possibility of proposing dis-
23 missal, suspension or demotion of a
permanent employee is indicated,
24 but where the appointing authority needs
time to conduct an investigation
25 before proposing such action, or in a
situation where immediate removal
26 of an employee from such employee's job is
needed to avoid disruption
27 of work, or for the protection of persons
or property, or for a similar
28 reason, the appointing authority may
relieve the employee of duties or
29 change the duties of the employee for a
limited period and keep the
30 employee in pay status. The secretary of
administration shall provide by
31 rules and regulations, adopted pursuant to
K.S.A. 75-3706, and amend-
32 ments thereto, procedures to be followed in
such cases.
33 Sec.
8. K.S.A. 75-4370 is hereby amended to read as follows:
75-
34 4370. (a) In establishing certified pools
of eligible candidates under the
35 Kansas civil service act, a preference
shall be given to each state officer
36 or employee (1) who
(1)(A) is in the classified service under the Kansas
37 civil service act and is employed by an
institution that is closed or abol-
38 ished or otherwise ceases operations or
that is scheduled for such closure,
39 abolition or cessation of operations and
has a budget reduction imposed
40 that is associated with such closure,
abolition or cessation of operations,
41 and (2) who (B) is
laid off from employment with such institution for the
42 reason of such closure, abolition or
cessation of operations or such im-
43 position of a budget reduction, and
(3) who (C) remains in such employ-
13
1 ment until the date the officer or
employee is laid off or (2) (A) is in the
2 classified service under the
Kansas civil service act and is laid off from
3 employment at the Topeka
correctional facility due to the transfer of the
4 reception and diagnostic unit from
the Topeka correctional facility to the
5 El Dorado correctional facility,
and (B) remains in such employment until
6 the date the officer or employee
is laid off.
7 (b) To
qualify for the preference established by this section, a
person
8 described in subsection (a) also
shall meet the requirements for the vacant
9 position. In addition to other
applicable provisions of the Kansas civil
10 service act and rules and regulations and
policies adopted thereunder,
11 the preference established by this section
(1) shall place the person into
12 the reemployment pool, (2) shall
provide an opportunity for an interview
13 for any vacant position in the same or
higher pay grade than the position
14 from which the person was laid off and for
which the person meets the
15 qualifications, and (3) shall grant
a right of first refusal for any vacant
16 position. No state agency shall be required
to interview more than seven
17 applicants for any one position. The right
of first refusal shall allow the
18 person the right to accept the first
position applied for by the person for
19 which the person meets the qualifications
and for which the pay grade is
20 the same as or lower than the pay grade of
the position from which the
21 person was laid off. The right of first
refusal may be exercised only one
22 time and must be exercised within the 24
months following the date of
23 layoff.
24 (c) The secretary
of administration shall give a global notice of layoff
25 to all state officers and employees, who
are employed by an institution
26 that is scheduled for closure, abolition or
cessation of operations, up to
27 180 days prior to such closure, abolition
or cessation of operations. The
28 global notice of layoff shall be effective
for all such state officers and
29 employees, including any state officer or
employee who is transferred to
30 or employed by such institution within 180
days of the date of such clo-
31 sure, abolition or cessation of operations,
for all purposes of lay off pro-
32 cedures under K.S.A. 75-2948 and amendments
thereto, except each such
33 officer or employee receiving the global
notice of layoff shall also be given
34 an individual notice of layoff which
specifies such officer or employee's
35 individual date of layoff.
36 (d) Notice of
layoff pursuant to K.S.A. 75-2948 and amendments
37 thereto, shall be given to state
officers and employees whose proposed
38 layoff is caused by the transfer of the
reception and diagnostic unit from
39 the Topeka correctional facility to the
El Dorado correctional facility.
40 (d)
(e) The secretary of administration shall adopt rules
and regula-
41 tions necessary to implement the provisions
of this section.
42 (e)
(f) This section shall be part of and supplemental to
the Kansas
43 civil service act.
14
1 Sec.
9. K.S.A. 75-4371 is hereby amended to read as follows:
75-
2 4371. (a) Each state officer or
employee (1) who (1)(A) is employed by
3 an institution that is closed or
abolished or otherwise ceases operations
4 or that is scheduled for such
closure, abolition or cessation of operations
5 and has a budget reduction imposed
that is associated with such closure,
6 abolition or cessation of operations,
and (2) who (B) is laid off from em-
7 ployment with such institution for
the reason of such closure, abolition
8 or cessation of operations or such
imposition of a budget reduction, and
9 (3) who (C)
remains in such employment until the date the officer or
10 employee is laid off; or (2)(A) is in
the classified service under the Kansas
11 civil service act and is laid off from
employment at the Topeka correctional
12 facility due to the transfer of the
reception and diagnostic unit from the
13 Topeka correctional facility to the El
Dorado correctional facility, and (B)
14 remains in such employment until the
date the officer or employee is laid
15 off, may receive compensation for
20% of all accumulated hours of sick
16 leave credited to such state officer or
employee as of the date of being
17 laid off. Each state officer or employee,
who is eligible for and who elects
18 to receive compensation for accumulated
sick leave under this section,
19 shall file a written statement of election
therefor which shall be in such
20 form as may be prescribed by the secretary
of administration and which
21 shall include a specific waiver of any
right to receive any payment for
22 accumulated sick leave under the provisions
of K.S.A. 75-5517 and
23 amendments thereto. No state officer or
employee, who receives com-
24 pensation for accumulated sick leave under
this section, shall receive any
25 payment for accumulated sick leave under
the provisions of K.S.A. 75-
26 5517 and amendments thereto. Payment for
accumulated sick leave under
27 this section shall be made from the state
leave payment reserve fund.
28 (b) For the
purposes of retirement employee contributions and re-
29 tirement benefits, each payment of
compensation for accumulated sick
30 leave under this section shall be subject
to the applicable provisions of
31 the statutes governing the Kansas public
employees retirement system,
32 K.S.A. 74-4901 et seq., and amendments
thereto.
33 (c) The secretary
of administration shall adopt rules and regulations
34 necessary to implement the provisions of
this section.
35 Sec.
10. K.S.A. 75-4372 is hereby amended to read as follows:
75-
36 4372. (a) Each state officer or employee
(1) who (1)(A) is employed by
37 an institution that is closed or abolished
or otherwise ceases operations
38 or that is scheduled for such closure,
abolition or cessation of operations
39 and has a budget reduction imposed that is
associated with such closure,
40 abolition or cessation of operations, and
(2) who (B) is laid off from em-
41 ployment with such institution for the
reason of such closure, abolition
42 or cessation of operations or such
imposition of a budget reduction, and
43 (3) who (C) remains
in such employment until the date the officer or
15
1 employee is laid off; or (2)(A)
who is in the classified service under the
2 Kansas civil service act and is
laid off from employment at the Topeka
3 correctional facility due to the
transfer of the reception and diagnostic
4 unit from the Topeka correctional
facility to the El Dorado correctional
5 facility, and (B) remains in such
employment until the date the officer or
6 employee is laid off, shall
continue to be qualified to participate in the
7 state health care benefits program as
provided in this section.
8 (b) In
accordance with the following, each such state officer or em-
9 ployee may participate in the state
health care benefits program after
10 being laid off for the following
periods:
11 (1) For the
six-month period after the date of such person's layoff,
12 during which period that portion of the
cost of participation of such per-
13 son which would have been paid by the state
agency if such person was
14 still a state officer or employee shall be
paid as provided in subsection
15 (c); and
16 (2) for the
eighteen-month period after such six-month period, dur-
17 ing which period the entire cost of
participation of such person shall be
18 paid by such person; and
19 (3) in the
case of a blind person laid off from Kansas industries for
20 the blind, for the twenty-four-month
period after the date of such person's
21 layoff from Kansas industries for the
blind, during which period that
22 portion of the cost of participation of
such person which would have been
23 paid by the state agency if such person
was still employed at Kansas
24 industries for the blind at facilities
located on the Topeka state hospital
25 property.
26 (c) There is
hereby established the closure health insurance fund in
27 the state treasury which shall be
administered by the secretary of admin-
28 istration. In accordance with the
provisions of appropriation acts, the sec-
29 retary of administration shall cause to be
deposited in the closure health
30 insurance fund an amount equal to the full
cost for six months of the
31 employer contribution for full-time single
member health care insurance
32 under the state health care benefits
program for each such laid off state
33 officer and employee on the officer or
employee's last day of service for
34 the period of time prescribed by
subsection (b). Expenditures shall be
35 made from the closure health insurance fund
for the purpose of paying
36 the employer's portion for full-time single
member health insurance un-
37 der the state health care benefits program
for each such laid off state
38 officer or employee until the expiration of
six months the period of time
39 prescribed by subsection (b) or
until notified by the laid off officer or
40 employee that such officer or employee is
otherwise covered by health
41 care insurance. The secretary of
administration shall establish a system to
42 account for the state health insurance
expenditures for each such laid off
43 state officer or employee. Upon notice that
the person who had been laid
16
1 off is otherwise covered by health
care insurance, the balance attributed
2 to such person shall be paid to the
person who had been laid off. After
3 such six-month period, any
participation by such person in the state health
4 care benefits program shall be paid
by such person.
5 (d) Except
as otherwise provided by this section, the participation of
6 each such state officer or employee
in the state health care benefits pro-
7 gram shall be in accordance with the
provisions of K.S.A. 75-6501 through
8 75-6513 and amendments thereto and
rules and regulations and policies
9 adopted by the Kansas state employees
health care commission. Each
10 such state officer or employee may obtain
family coverage under the state
11 health care benefits program administered
by the Kansas state employees
12 health care commission generally in the
same manner as other state of-
13 ficers and employees and shall pay the
entire cost of such family coverage.
14 Sec.
11. K.S.A. 75-4373 is hereby amended to read as follows:
75-
15 4373. (a) Each state officer or employee
(1) who (1)(A) is employed by
16 an institution that is closed or abolished
or otherwise ceases operations
17 or that is scheduled for such closure,
abolition or cessation of operations
18 and has a budget reduction imposed that is
associated with such closure,
19 abolition or cessation of operations, and
(2) who (B) is laid off from em-
20 ployment with such institution for the
reason of such closure, abolition
21 or cessation of operations or such
imposition of a budget reduction, and
22 (3) who (C) remains
in such employment until the date the officer or
23 employee is laid off, shall be eligible for
the extended death benefit plan
24 providing term life insurance under this
section; or (2)(A) is in the clas-
25 sified service under the Kansas civil
service act and who is laid off from
26 employment at the Topeka correctional
facility due to the transfer of the
27 reception and diagnostic unit from the
Topeka correctional facility to the
28 El Dorado correctional facility, and (B)
remains in such employment until
29 the date the officer or employee is laid
off.
30 (b) The extended
death benefit plan providing term life insurance
31 under this section shall provide a death
benefit equal to 150% of the
32 annual rate of compensation of the covered
state officer or employee, as
33 of the date the covered state officer or
employee is laid off, for each state
34 officer or employee described in subsection
(a). The extended death ben-
35 efit plan providing term life insurance
under this section shall provide
36 death benefit coverage for a period of 24
months after the date the cov-
37 ered state officer or employee is laid
off.
38 (c) The secretary
of administration shall administer the provisions of
39 this section. The secretary of
administration shall issue a request for pro-
40 posals from qualified vendors for term life
insurance under this section
41 and is hereby authorized to enter into
contracts for such term life insur-
42 ance pursuant to competitive bids.
Contracts entered into for such insur-
43 ance shall not be subject to the provisions
of K.S.A. 75-4101 and amend-
17
1 ments thereto.
2 (d) There
is hereby created in the state treasury the closure term life
3 insurance fund which shall be
administered by the secretary of adminis-
4 tration. All expenditures of moneys
credited to the closure term life in-
5 surance fund shall be for the
provision of term life insurance under this
6 section in accordance with
appropriation acts upon warrants of the direc-
7 tor of accounts and reports issued
pursuant to vouchers approved by the
8 secretary of administration or the
secretary's designee.
9 Sec.
12. K.S.A. 75-4374 is hereby amended to read as follows:
75-
10 4374. (a) The head of any state agency, as
defined by K.S.A. 75-3701, and
11 amendments thereto, who hires any state
officer or employee who is laid
12 off or transferred in lieu of layoff
between state agencies, may agree to
13 reimburse such officer or employee's
in-state moving expenses in an ag-
14 gregate amount of not more than $2,000, as
verified by receipts. No such
15 moving expenses shall be paid when such
transfer results in the new
16 official duty station being less than 25
miles from the old station.
17 (b) Moving
expenses may include, but not be limited to, the cost of
18 packing and transporting household goods
and personal effects, subsis-
19 tence expenses while en route from the old
residence to the new resi-
20 dence, subsistence expenses while occupying
temporary quarters in the
21 new location and the expenses of a premove
trip to look for a new
22 residence.
23 (c) Any state
agency, as defined by K.S.A. 75-3701 and amendments
24 thereto, which hires any state officer
or employee, who is a blind person
25 employed at Kansas industries for the
blind at facilities on the Topeka
26 state hospital property and who is laid
off or transferred between state
27 agencies, in lieu of being laid off,
shall purchase or otherwise provide all
28 adaptive equipment and other
accommodations required by such state
29 officer or employer for such state
officer or employee's position at such
30 state agency.
31 (d) As
used in this section, ``state officer or employee'' means a
state
32 officer or employee (1)
who (1)(A) is employed by an institution that is
33 closed or abolished or otherwise ceases
operations or that is scheduled
34 for such closure, abolition or cessation of
operations, and (2) who (B) is
35 laid off from employment with such
institution for the reason of such
36 closure, abolition or cessation of
operations, and (3) who (C) remains in
37 such employment with such institution until
the date the officer or em-
38 ployee is laid off; or (2)(A) is in the
classified service under the Kansas
39 civil service act and is laid off from
employment at the Topeka correctional
40 facility due to the transfer of the
reception and diagnostic unit from the
41 Topeka correctional facility to the El
Dorado correctional facility, and (B)
42 remains in such employment until the
date the officer or employee is laid
43 off.
18
1 Sec.
13. K.S.A. 75-4375 is hereby amended to read as follows:
75-
2 4375. (a) Each state officer or
employee (1) who (1)(A) is employed by
3 an institution that is closed or
abolished or otherwise ceases operations
4 or that is scheduled for such
closure, abolition or cessation of operations
5 and has a budget reduction imposed
that is associated with such closure,
6 abolition or cessation of operations,
and (2) who (B) is a direct care em-
7 ployee as defined by this section
or is a blind person employed by Kansas
8 industries for the blind at the
facilities located on the Topeka state hospital
9 property, and (3)
who (C) is laid off from employment with such
insti-
10 tution for the reason of such closure,
abolition, or cessation of operations
11 or such imposition of a budget reduction,
and (4) who (D) remains in
12 such employment until the date the
officer or employee is laid off, or
13 (2)(A) is in the classified service in a
position assigned to a correctional
14 officer job class under the Kansas civil
service act and is laid off from
15 employment at the Topeka correctional
facility due to the transfer of the
16 reception and diagnostic unit from the
Topeka correctional facility to the
17 El Dorado correctional facility, and (B)
remains in such employment until
18 the date the officer or employee is laid
off, shall receive compensation
19 from the department of social and
rehabilitation services for the following:
20 (i) Forty hours
of pay at the state officer or employee's regular hourly
21 rate of pay on the date the employee is
laid off if such employee has
22 completed one full year of service but less
than two full years of service
23 on the layoff date;
24 (ii) eighty hours
of pay at the state officer or employee's regular
25 hourly rate of pay on the date the employee
is laid off if such employee
26 has completed two full years of service but
less than three full years of
27 service on the layoff date;
28 (iii) one hundred
twenty hours of pay at the state officer or em-
29 ployee's regular hourly rate of pay on the
date the employee is laid off if
30 such employee has completed three full
years of service but less than four
31 full years of service on the layoff date;
or
32 (iv) one hundred
sixty hours of pay at the state officer or employee's
33 regular hourly rate of pay on the date the
employee is laid off if the
34 employee has completed four full years of
service or more on the layoff
35 date.
36 (b) As used in
this section, ``direct care employee'' means state offi-
37 cers or employees in the classified service
under the Kansas civil service
38 act who: (1) Are exempt from the provisions
of K.S.A. 75-6801 and
39 amendments thereto as prescribed in
policies and procedures prescribed
40 by the secretary of administration,
including but not limited to state of-
41 ficers and employees whose positions are in
the following job class series:
42 (A) Activity therapist, (B) activity
therapy technician, (C) licensed mental
43 health technician, (D) licensed mental
health technician specialist, (E)
19
1 licensed practical nurse, (F)
licensed practical nurse, senior, (G) mental
2 health aide, (H) radiologic
technologist, (I) registered nurse, (J) activity
3 specialist, (K) mental retardation
specialist, (L) mental retardation tech-
4 nician, and (M) mental retardation
trainee; or
5 (2) are in
positions that are assigned to job classes or job class series
6 that are designated as direct care
employee job classes or job class series
7 by the secretary of social and
rehabilitation services for purposes of this
8 section, except that no such
designation shall be effective until the sec-
9 retary of social and rehabilitation
services has presented such designation
10 to the SRS transition oversight committee
created by K.S.A. 1997 1999
11 Supp. 46-2701 and amendments
thereto.
12 (c) As used in
this section, ``department'' means (1) the department
13 of social and rehabilitation services in
the case of an officer or employee
14 employed by an institution or (2) the
department of corrections in the
15 case of an officer or employee employed
by the Topeka correctional
16 facility.
17 Sec.
14. K.S.A. 75-4376 is hereby amended to read as follows:
75-
18 4376. As used in K.S.A. 75-4370 through
75-4376 and amendments
19 thereto, except as otherwise specifically
provided in such statutes:
20
(a) ``Institution'' means Topeka state hospital
or, Winfield state hos-
21 pital and training center and Kansas
industries for the blind of the de-
22 partment of social and rehabilitation
services; and
23 (b) ``laid off''
means, (1) in the case of a state officer or employee in
24 the classified service under the Kansas
civil service act, being laid off
25 under K.S.A. 75-2948 and amendments thereto
and,; (2) in the case of a
26 state officer or employee in the
unclassified service under the Kansas civil
27 service act, being terminated from
employment with the state agency by
28 the appointing authority, except that
``laid off'' shall not include any sep-
29 aration from employment pursuant to a
budget reduction or expenditure
30 authority reduction and a reduction of
F.T.E. positions under K.S.A. 75-
31 6801 and amendments thereto; and (3) in
the case of blind persons em-
32 ployed by Kansas industries for the
blind, being terminated or otherwise
33 separated from employment at Kansas
industries for the blind at the fa-
34 cilities located on the Topeka state
hospital property because Kansas in-
35 dustries for the blind is closed,
abolished or otherwise ceases operations
36 as a state program at such location;
and
37 (c) ``Topeka
state hospital property'' has the meaning ascribed thereto
38 by K.S.A. 1999 Supp. 75-37,123 and
amendments thereto.
39 Sec.
15. K.S.A. 1999 Supp. 75-6801 is hereby amended to read as
40 follows: 75-6801. (a) As used in this
section:
41 (1) ``Executive
secretary'' means the executive secretary of the Kansas
42 public employees retirement system.
43 (2) ``F.T.E.
positions'' means the number of full time and regular part
20
1 time positions equated to full time,
excluding seasonal and temporary
2 positions, paid from
appropriations.
3 (3) ``Head
of the governmental branch'' means the governor, in the
4 case of the executive branch; and the
legislative coordinating council, in
5 the case of the legislative
branch.
6
(4) ``Retiree'' means any person electing to retire pursuant
to K.S.A.
7 74-4914, and amendments thereto,
except that ``retiree'' shall not include
8 (A) any person who is retiring
from a position which provides direct care
9 for patients at Topeka state
hospital, Osawatomie state hospital, Rainbow
10 mental health facility or Larned state
hospital, Kansas neurological insti-
11 tute, Parsons state hospital and training
center, Winfield state hospital
12 and training center, university of Kansas
medical center, Atchison juvenile
13 correctional facility, Beloit juvenile
correctional facility, Larned juvenile
14 correctional facility, Topeka juvenile
correctional facility, Kansas soldiers'
15 home and Kansas veterans' home, or (B)
any person who is retiring from
16 the Topeka correctional facility due to
the transfer of the reception and
17 diagnostic unit from the Topeka
correctional facility to the El Dorado
18 correctional facility.
19 (b) The executive
secretary shall provide the head of the govern-
20 mental branch notice of the name, employing
state agency and retirement
21 date of each retiree retiring after the
effective date of this act and such
22 other information that may be prescribed by
the head of the govern-
23 mental branch.
24 (c)
(1) Upon receipt of each notice pursuant to subsection (b)
re-
25 garding a retiree employed by a state
agency in the executive branch, the
26 governor shall direct the secretary of
administration to reduce by one the
27 number of F.T.E. positions authorized for
the state agency that employed
28 the retiree and reduce the expenditure
authority of such state agency in
29 an amount attributable to the amount of
unused salary and employer-
30 paid benefits attributable to the retiree's
job position.
31 (2) Upon receipt
of each notice pursuant to subsection (c) regarding
32 a retiree employed by a state agency in the
legislative branch, the legis-
33 lative coordinating council shall reduce by
one the number of F.T.E.
34 positions for the state agency that
employed the retiree and reduce the
35 expenditure authority of such state agency
in an amount attributable to
36 the retiree's job position.
37 (d) (1) For
reductions made in the executive branch of government,
38 the governor is authorized to restore or
allocate, to any state agency or
39 agencies within the executive branch, no
more than 3/4 of the F.T.E.
40 positions and expenditure authority
reductions made pursuant to subsec-
41 tion (c)(1), except that, upon request of
the governor, the reduced num-
42 ber of authorized F.T.E. positions and the
reduced amount of expendi-
43 ture authority established under subsection
(c)(1) for a state agency in
21
1 the executive branch of government
may be increased upon approval by
2 the state finance council acting on
this matter which is hereby character-
3 ized as a matter of legislative
delegation and subject to the guidelines
4 prescribed in subsection (c) of
K.S.A. 75-3711c and amendments thereto.
5 (2) For
reductions made in the legislative branch of government, the
6 legislative coordinating council is
authorized to restore or allocate, to any
7 state agency or agencies within the
legislative branch, no more than 3/4 of
8 the F.T.E. positions and expenditure
authority reductions made pursuant
9 to subsection (c)(2), except that,
upon request of the agency head, the
10 reduced number of authorized F.T.E.
positions and the reduced amount
11 of expenditure authority established under
subsection (c) for a state
12 agency in the legislative branch of
government may be increased upon
13 approval by the legislative coordinating
council.
14 (e) The secretary
of administration is authorized to prescribe such
15 policies and procedures as may be deemed
necessary to carry out the
16 provisions of this section.
17 Sec. 16. K.S.A. 74-4914c,
75-4370, 75-4371, 75-4372, 75-4373, 75-
18 4374, 75-4375 and 75-4376 and K.S.A. 1999
Supp. 46-233 and 75-6801
19 are hereby repealed.
20 Sec. 17. On July 1, 2000,
K.S.A. 75-2929d and 75-2949 are hereby
21 repealed.
22 Sec. 18. This act shall
take effect and be in force from and after its
23 publication in the Kansas register.