CHAPTER 144
Substitute for HOUSE BILL No. 2972
An Act concerning background checks on certain employees; amending
K.S.A. 74-8705
and K.S.A. 1997 Supp. 39-970, 65-5117 and 74-8709 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1997 Supp. 39-970 is hereby amended to
read as
follows: 39-970. (a) (1) On and after July 1, 1998, no
person shall know-
ingly operate an adult care home if, in the adult care home, there
works
any person who:
(1) (A) Has a felony conviction for a crime which
is described in
articles 34, 35 or 36 of chapter 21 of the Kansas Statutes
Annotated and
acts amendatory thereof or supplemental thereto, except
K.S.A. 21-3605
and amendments thereto, or a conviction of an attempt under
K.S.A. 21-
3301 and amendments thereto to commit any such act, or (B)
has been
convicted of any act which is described in K.S.A. 21-4301
or 21-4301a
and amendments thereto or similar statutes of other states
or the federal
government;
(2) has been adjudicated a juvenile offender because
of having com-
mitted an act which if done by an adult would constitute
the commission
of a felony and which is a crime against persons, is any
act described in
articles 34, 35 or 36 of chapter 21 of the Kansas Statutes
Annotated and
acts amendatory thereof or supplemental thereto except
K.S.A. 21-3605
and amendments thereto, or is any act described in K.S.A.
21-4301 or
21-4301a and amendments thereto or similar statutes of
other states or
the federal government;
(3) has been convicted of or has been
adjudicated a juvenile offender
because of having committed an act which if done by an adult
would
constitute the commission of capital murder, pursuant to K.S.A.
21-3439
and amendments thereto, first degree murder, pursuant to K.S.A.
21-3401
and amendments thereto, second degree murder, pursuant to
subsection
(a) of K.S.A. 21-3402 and amendments thereto, voluntary
manslaughter,
pursuant to K.S.A. 21-3403 and amendments thereto, assisting
suicide
pursuant to K.S.A. 21-3406 and amendments thereto, mistreatment
of a
dependent adult, pursuant to K.S.A. 21-3437 and amendments
thereto,
rape, pursuant to K.S.A. 21-3502 and amendments thereto,
indecent lib-
erties with a child, pursuant to K.S.A. 21-3503 and amendments
thereto,
aggravated indecent liberties with a child, pursuant to K.S.A.
21-3504
and amendments thereto, aggravated criminal sodomy, pursuant to
K.S.A.
21-3506 and amendments thereto, indecent solicitation of a
child, pur-
suant to K.S.A. 21-3510 and amendments thereto, aggravated
indecent
solicitation of a child, pursuant to K.S.A. 21-3511 and
amendments
thereto, sexual exploitation of a child, pursuant to K.S.A.
21-3516 and
amendments thereto, sexual battery, pursuant to K.S.A. 21-3517
and
amendments thereto, or aggravated sexual battery, pursuant to
K.S.A. 21-
3518 and amendments thereto, or similar statutes of other states
or the
federal government.
(B) has committed an act of physical, mental or
emotional abuse or
neglect or sexual abuse as validated by the department of
social and re-
habilitation services pursuant to K.S.A. 38-1523 and
amendments thereto
and (A) the person has failed to successfully complete a
corrective action
plan which had been deemed appropriate and approved by the
depart-
ment of social and rehabilitation services, or (B) the
record has not been
expunged pursuant to rules and regulations adopted by the
secretary of
social and rehabilitation services;
(4) has had a child declared in a court order in this
or any other state
to be deprived or a child in need of care based on an
allegation of physical,
mental or emotional abuse or neglect or sexual
abuse;
(5) has had parental rights terminated pursuant to the
Kansas juvenile
code or K.S.A. 38-1581 through 38-1584, and amendments
thereto, or a
similar statute of other states;
(6) has signed a diversion agreement pursuant to
K.S.A. 22-2906 et
seq., and amendments thereto, or
pursuant to K.S.A. 38-1635 and amend-
ments thereto involving a charge of child abuse or a sexual
offense;
(7) has been found by the department of health and
environment or
the department of social and rehabilitation services under
K.S.A. 39-1401
et seq. and amendments thereto to
have committed an act of abuse, ne-
glect or exploitation of a resident; or
(8) has been found by the department of social and
rehabilitation
services under K.S.A. 39-1430 et
seq. and amendments thereto to
have
committed an act of abuse, neglect or exploitation of an
adult.
(2) On and after July 1, 1998, a person operating an adult
care home
may employ an applicant who has been convicted of any of the
following
if five or more years have elapsed since the applicant satisfied
the sentence
imposed or was discharged from probation, a community
correctional
services program, parole, postrelease supervision, conditional
release or
a suspended sentence; or if five or more years have elapsed
since the
applicant has been finally discharged from the custody of the
commis-
sioner of juvenile justice or from probation or has been
adjudicated a
juvenile offender, whichever time is longer: A felony conviction
for a crime
which is described in: (A) article 34 of chapter 21 of the
Kansas Statutes
Annotated and amendments thereto, except those crimes listed in
subsec-
tion (a)(1); (B) articles 35 or 36 of chapter 21 of the Kansas
Statutes
Annotated and amendments thereto, except those crimes listed in
subsec-
tion (a)(1) and K.S.A. 21-3605 and amendments thereto; (C) a
conviction
of an attempt under K.S.A. 21-3301 and amendments thereto to
commit
any act listed in this subsection or subsection (a)(1); or (D)
similar statutes
of other states or the federal government.
(b) No person shall operate an adult care home if such person
has
been found to be a disabled person in need of a guardian or
conservator,
or both.
(c) In accordance with the provisions of this
subsection (c), The sec-
retary of health and environment shall have access to any criminal
history
record information in the possession of the Kansas bureau of
investigation
and any report of investigations as authorized by
subsection (e) of K.S.A.
38-1523 and amendments thereto in the possession of the
department of
social and rehabilitation services, or any reports of
investigations, findings
or assessments as provided in K.S.A. 39-1402 and amendments
thereto,
39-1404 and amendments thereto, 39-1411 and amendments
thereto, 39-
1433 and amendments thereto and 39-1434 and amendments
thereto, in
the possession of the department of health and environment
or the de-
partment of social and rehabilitation services
concerning persons working
in an adult care home. The secretary shall have access to these
records
for the purpose of determining whether or not the adult care home
meets
the requirements of this section. The Kansas bureau of
investigation may
charge to the department of health and environment a reasonable fee
for
providing criminal history record information under this
subsection.
(d) For the purpose of complying with this section, the
operator of
an adult care home shall request from the department of health
and
environment information obtained by the secretary of health and
envi-
ronment under subsection (c) and information available
under subsection
(c)(4) of K.S.A. 39-936 and amendments thereto, if
any, which relates to
a person who works in the adult care home, or is being considered
for
employment by the adult care home, for the purpose of
determining
whether such person is subject to the provision of this section.
For the
purpose of complying with this section, the operator of an adult
care home
shall receive from any employment agency which provides employees
to
work in the adult care home written certification that such
employees are
not prohibited from working in the adult care home under this
section.
For the purpose of complying with this section, information
relating to
convictions and adjudications by the federal government or to
convictions
and adjudications in states other than Kansas shall not be required
until
such time as the secretary of health and environment determines
the
search for such information could reasonably be performed and the
in-
formation obtained within a two-week period. For the purpose of
com-
plying with this section, a person who operates an adult care home
may
hire an applicant for employment on a conditional basis pending the
re-
sults from the department of health and environment of a request
for
information under this subsection. No adult care home, the operator
or
employees of an adult care home or an employment agency, or the
op-
erator or employees of an employment agency, shall be liable for
civil
damages resulting from any decision to employ, to refuse to employ
or
to discharge from employment any person based on such adult
care
home's compliance with the provisions of this section if such adult
care
home or employment agency acts in good faith to comply with this
sec-
tion.
(e) For the purpose of subsection (a)(3), an act of
abuse or neglect
shall not be considered to have been validated by the
department of social
and rehabilitation services unless the alleged perpetrator
has: (1) Had an
opportunity to be interviewed and present information
during the inves-
tigation of the alleged act of abuse or neglect; and (2)
been given notice
of the agency decision and an opportunity to appeal such
decision to the
secretary and to the courts pursuant to the act for
judicial review and civil
enforcement of agency actions.
(f) The secretary of health and environment
shall charge each person
requesting information under this section a fee equal to cost, not
to ex-
ceed $10, for each name about which an information request has
been
submitted to the department under this section.
(g) (f) No person who works for an
adult care home and who is cur-
rently licensed or registered by an agency of this state to provide
profes-
sional services in the state and who provides such services as part
of the
work which such person performs for the adult care home shall be
subject
to the provisions of this section.
(h) (g) A person who volunteers in an
adult care home shall not be
subject to the provisions of this section because of such volunteer
activity.
(i) (h) No person who has been
employed by the same adult care
home for five consecutive years immediately prior to the effective
date
of this act shall be subject to the provisions of this section
while employed
by such adult care home.
(j) (i) The operator of an adult care
home shall not be required under
this section to conduct a background check on an applicant for
employ-
ment with the adult care home if the applicant has been the subject
of a
background check under this act within one year prior to the
application
for employment with the adult care home. The operator of an
adult care
home where the applicant was the subject of such background
check may
release a copy of such background check to the operator of an
adult care
home where the applicant is currently applying.
(k) (j) No person who is in the custody of
the secretary of corrections
and who provides services, under direct supervision in
nonpatient areas,
on the grounds or other areas designated by the superintendent
of the
Kansas soldiers' home or the Kansas veterans' home shall be
subject to
the provisions of this section while providing such
services.
(k) This section shall be part of and supplemental to
the adult care
home licensure act.
Sec. 2. K.S.A. 1997 Supp. 65-5117 is hereby amended to
read as
follows: 65-5117. (a) (1) On and after July 1, 1998, no
person shall know-
ingly operate a home health agency if, for the home health agency,
there
works any person who:
(1) (A) Has a felony conviction for a crime which
is described in
articles 34, 35 or 36 of chapter 21 of the Kansas Statutes
Annotated and
acts amendatory thereof or supplemental thereto, except
K.S.A. 21-3605
and amendments thereto, or a conviction of an attempt under
K.S.A. 21-
3301 and amendments thereto to commit any such act, or (B)
has been
convicted of any act which is described in K.S.A. 21-4301
or 21-4301a
and amendments thereto or similar statutes of other states
or the federal
government;
(2) has been adjudicated a juvenile offender because
of having com-
mitted an act which if done by an adult would constitute
the commission
of a felony and which is a crime against persons, is any
act described in
articles 34, 35 or 36 of chapter 21 of the Kansas Statutes
Annotated and
acts amendatory thereof or supplemental thereto except
K.S.A. 21-3605
and amendments thereto, or is any act described in K.S.A.
21-4301 or
21-4301a and amendments thereto or similar statutes of
other states or
the federal government;
(3) has committed an act of physical, mental or
emotional abuse or
neglect or sexual abuse as validated by the department of
social and re-
habilitation services pursuant to K.S.A. 38-1523 and
amendments thereto
and (A) the person has failed to successfully complete a
corrective action
plan which had been deemed appropriate and approved by the
depart-
ment of social and rehabilitation services, or (B) the
record has not been
expunged pursuant to rules and regulations adopted by the
secretary of
social and rehabilitation services;
(4) has had a child declared in a court order in this
or any other state
to be deprived or a child in need of care based on an
allegation of physical,
mental or emotional abuse or neglect or sexual
abuse;
(5) has had parental rights terminated pursuant to the
Kansas juvenile
code or K.S.A. 38-1581 through 38-1584, and amendments
thereto, or a
similar statute of other states;
(6) has signed a diversion agreement pursuant to
K.S.A. 22-2906 et
seq., and amendments thereto, or
pursuant to K.S.A. 38-1635 and amend-
ments thereto involving a charge of child abuse or a sexual
offense;
(7) has been found by the department of health and
environment or
the department of social and rehabilitation services under
K.S.A. 39-1401
et seq. and amendments thereto to
have committed an act of abuse, ne-
glect or exploitation of a resident; or
(8) has been found by the department of social and
rehabilitation
services under K.S.A. 39-1430 et
seq. and amendments thereto to
have
committed an act of abuse, neglect or exploitation of an
adult. has been
convicted of or has been adjudicated a juvenile offender because
of having
committed an act which if done by an adult would constitute the
com-
mission of capital murder, pursuant to K.S.A. 21-3439 and
amendments
thereto, first degree murder, pursuant to K.S.A. 21-3401 and
amendments
thereto, second degree murder, pursuant to subsection (a) of
K.S.A. 21-
3402 and amendments thereto, voluntary manslaughter, pursuant
to
K.S.A. 21-3403 and amendments thereto, assisting suicide,
pursuant to
K.S.A. 21-3406 and amendments thereto, mistreatment of a
dependent
adult, pursuant to K.S.A. 21-3437 and amendments thereto, rape,
pur-
suant to K.S.A. 21-3502 and amendments thereto, indecent
liberties with
a child, pursuant to K.S.A. 21-3503 and amendments thereto,
aggravated
indecent liberties with a child, pursuant to K.S.A. 21-3504 and
amend-
ments thereto, aggravated criminal sodomy, pursuant to K.S.A.
21-3506
and amendments thereto, indecent solicitation of a child,
pursuant to
K.S.A. 21-3510 and amendments thereto, aggravated indecent
solicitation
of a child, pursuant to K.S.A. 21-3511 and amendments thereto,
sexual
exploitation of a child, pursuant to K.S.A. 21-3516 and
amendments
thereto, sexual battery, pursuant to K.S.A. 21-3517 and
amendments
thereto, or aggravated sexual battery, pursuant to K.S.A.
21-3518 and
amendments thereto, or similar statutes of other states or the
federal gov-
ernment.
(2) On and after July 1, 1998, a person operating a home
health
agency may employ an applicant who has been convicted of any of
the
following if five or more years have elapsed since the applicant
satisfied
the sentence imposed or was discharged from probation, a
community
correctional services program, parole, postrelease supervision,
conditional
release or a suspended sentence; or if five or more years have
elapsed
since the applicant has been finally discharged from the custody
of the
commissioner of juvenile justice or from probation or has been
adjudicated
a juvenile offender, whichever time is longer: A felony
conviction for a
crime which is described in: (A) article 34 of the Kansas
Statutes Anno-
tated and amendments thereto, except those crimes listed in
subsection
(a)(1); (B) articles 35 or 36 of chapter 21 of the Kansas
Statutes Annotated
and amendments thereto, except those crimes listed in subsection
(a)(1)
and K.S.A. 21-3605 and amendments thereto; (C) a conviction of
an at-
tempt under K.S.A. 21-3301 and amendments thereto to commit any
act
listed in this subsection or subsection (a)(1); or (D) similar
statutes of
other states or the federal government.
(b) No person shall operate a home health agency if such
person has
been found to be a disabled person in need of a guardian or
conservator,
or both.
(c) In accordance with the provisions of this
subsection (c), The sec-
retary of health and environment shall have access to any criminal
history
record information in the possession of the Kansas bureau of
investigation
and any report of investigations as authorized by
subsection (e) of K.S.A.
38-1523 and amendments thereto in the possession of the
department of
social and rehabilitation services or court of this state,
or any reports of
investigations, findings or assessments as provided in
K.S.A. 39-1402 and
amendments thereto, 39-1404 and amendments thereto, 39-1411
and
amendments thereto, 39-1433 and amendments thereto and
39-1434 and
amendments thereto, in the possession of the department of
health and
environment or the department of social and rehabilitation
services con-
cerning persons working for a home health agency. The secretary
shall
have access to these records for the purpose of determining whether
or
not the home health agency meets the requirements of this section.
The
Kansas bureau of investigation may charge to the department of
health
and environment a reasonable fee for providing criminal history
record
information under this subsection.
(d) For the purpose of complying with this section, the
operator of a
home health agency shall request from the department of health
and
environment information obtained by the secretary of health and
envi-
ronment under subsection (c), if any, which
relates to a person who works
for the home health agency or is being considered for employment
by
the home health agency, for the purpose of determining whether
such
person is subject to the provisions of this section. For the
purpose of
complying with this section, information relating to convictions
and ad-
judications by the federal government or to convictions and
adjudications
in states other than Kansas shall not be required until such time
as the
secretary of health and environment determines the search for such
in-
formation could reasonably be performed and the information
obtained
within a two-week period. For the purpose of complying with this
section,
a person who operates a home health agency may hire an applicant
for
employment on a conditional basis pending the results from the
depart-
ment of health and environment of a request for information under
this
subsection. No home health agency, the operator or employees of a
home
health agency or an employment agency, or the operator or
employees
of an employment agency, which provides employees to work for
the
home health agency shall be liable for civil damages resulting from
any
decision to employ, to refuse to employ or to discharge from
employment
any person based on such home health agency's compliance with
the
provisions of this section if such home health agency or
employment
agency acts in good faith to comply with this section.
(e) For the purpose of subsection (a)(3), an act of
abuse or neglect
shall not be considered to have been validated by the
department of social
and rehabilitation services unless the alleged perpetrator
has: (1) Had an
opportunity to be interviewed and present information
during the inves-
tigation of the alleged act of abuse or neglect; and (2)
been given notice
of the agency decision and an opportunity to appeal such
decision to the
secretary and to the courts pursuant to the act for
judicial review and civil
enforcement of agency actions.
(f) The secretary of health and environment
shall charge each person
requesting information under this section a fee equal to cost, not
to ex-
ceed $10, for each name about which an information request has
been
submitted under this section.
(g) (f) No person who works for a home
health agency and who is
currently licensed or registered by an agency of this state to
provide pro-
fessional services in this state and who provides such services as
part of
the work which such person performs for the home health agency
shall
be subject to the provisions of this section.
(h) (g) A person who volunteers to
assist a home health agency shall
not be subject to the provisions of this section because of such
volunteer
activity.
(i) (h) No person who has been
employed by the same home health
agency for five consecutive years immediately prior to the
effective date
of this act shall be subject to the requirements of this section
while em-
ployed by such adult care home health
agency.
(j) (i) The operator of a home health
agency shall not be required
under this section to conduct a background check on an applicant
for
employment with the home health agency if the applicant has been
the
subject of a background check under this act within one year prior
to the
application for employment with the home health agency. The
operator
of a home health agency where the applicant was the subject of
such
background check may release a copy of such background check to
the
operator of a home health agency where the applicant is
currently apply-
ing.
(k) (j) This section shall be part of
and supplemental to the provisions
of article 51 of chapter 65 of the Kansas Statutes Annotated and
acts
amendatory thereof or supplemental thereto.
Sec. 3. K.S.A. 74-8705 is hereby amended to read as
follows: 74-
8705. (a) Major procurement contracts shall be awarded in
accordance
with K.S.A. 75-3738 through 75-3744, and amendments thereto, or
sub-
section (b), as determined by the director, except that:
(1) The contract or contracts for the initial lease of
facilities for the
Kansas lottery shall be awarded upon the evaluation and approval of
the
director, the secretary of administration and the director of
architectural
services;
(2) The commission shall designate certain major procurement
con-
tracts or portions thereof to be awarded, in accordance with rules
and
regulations of the commission, solely to minority business
enterprises.
(b) The director may award any major procurement contract by
use
of a procurement negotiating committee. Such committee shall be
com-
posed of: (1) The executive director or a Kansas lottery employee
desig-
nated by the executive director; (2) the chairperson of the
commission or
a commission member designated by the chairperson; and (3) the
director
of the division of purchases or an employee of such division
designated
by the director. Prior to negotiating a major procurement contract,
the
committee shall solicit bids or proposals thereon. The division of
pur-
chases shall provide staff support for the committee's
solicitations. Upon
receipt of bids or proposals, the committee may negotiate with one
or
more of the persons submitting such bids or proposals and select
from
among such persons the person to whom the contract is awarded.
Such
procurements shall be open and competitive and shall consider
relevant
factors, including security, competence, experience, timely
performance
and maximization of net revenues to the state. If a procurement
negoti-
ating committee is utilized, the provisions of K.S.A. 75-3738
through 75-
3744, and amendments thereto, shall not apply. Meetings conducted
by
the procurement negotiating committee shall be exempt from the
pro-
visions of the Kansas open meeting act, K.S.A. 75-4317 through
75-4320a,
and amendments thereto.
(c) Before a major procurement contract is awarded, the
executive
director shall conduct a background investigation of: (1) The
vendor to
whom the contract is to be awarded; (2) all officers and directors
of such
vendor; (3) all persons who own a 5% or more interest in such
vendor;
(4) all persons who own a controlling interest in such vendor; and
(5) any
subsidiary or other business in which such vendor owns a
controlling
interest. The vendor shall submit appropriate investigation
authorizations
to facilitate such investigation. The executive director may
require, in
accordance with rules and regulations of the commission, that a
vendor
submit any additional information considered appropriate to
preserve the
integrity and security of the lottery. In addition, the executive
director
may conduct a background investigation of any person having a
beneficial
interest in a vendor. The secretary of revenue, securities
commissioner,
attorney general and director of the Kansas bureau of investigation
shall
assist in any investigation pursuant to this subsection upon
request of the
executive director. Whenever the secretary of revenue, securities
com-
missioner, attorney general or director of the Kansas bureau of
investi-
gation assists in such an investigation and incurs costs in
addition to those
attributable to the operations of the office or bureau, such
additional costs
shall be paid by the Kansas lottery. The furnishing of assistance
in such
an investigation shall be a transaction between the Kansas lottery
and the
respective officer and shall be settled in accordance with K.S.A.
75-5516,
and amendments thereto.
Upon the request of the chairperson, the Kansas bureau of
investigation
and other criminal justice agencies shall provide to the
chairperson all
background investigation information including criminal history
record
information, arrest and nonconviction data, criminal
intelligence infor-
mation and information relating to criminal and background
investiga-
tions of a vendor to whom a major procurement contract is to be
awarded.
Such information, other than conviction data, shall be
confidential and
shall not be disclosed, except as provided in this section. In
addition to
any other penalty provided by law, disclosure of such
information shall
be grounds for removal from office or termination of
employment.
(d) All major procurement contracts shall be subject to
approval of
the commission.
Sec. 4. K.S.A. 1997 Supp. 74-8709 is hereby amended to
read as
follows: 74-8709. (a) There is hereby created the Kansas lottery
commis-
sion, which shall be composed of five members who shall be
appointed
by the governor, subject to confirmation by the senate as provided
by
K.S.A. 75-4315b and amendments thereto. Except as provided by
K.S.A.
1997 Supp. 46-2601, and amendments thereto, no person
appointed to
the commission shall exercise any power, duty or function as a
member
of the commission until confirmed by the senate. All members of
the
commission shall be citizens of the United States and residents of
this
state. Not more than three of the five members shall be members of
the
same political party. A chairperson of the commission shall be
designated
by the governor from the membership of the commission.
(b) Except as provided by subsection (c), the members of the
com-
mission shall serve for terms of four years and until their
successors are
appointed and confirmed, except that the members first appointed
shall
serve for terms designated by the governor as follows: One member
shall
serve for a term of one year, one shall serve for a term of two
years, one
shall serve for a term of three years and two shall serve for terms
of four
years. Any vacancy occurring in the membership of the commission
shall
be filled in the same manner as the original appointment for the
remain-
der of the unexpired term.
(c) The terms of members who are serving on the commission on
the
effective date of this act shall expire on March 15, of the year in
which
such member's term would have expired under the provisions of
this
section prior to amendment by this act. Thereafter, members shall
be
appointed for terms of four years and until their successors are
appointed
and confirmed.
(d) The commission shall hold at least four regular meetings
each
year and such additional meetings as the chairperson deems
desirable.
Special meetings shall be called by the chairperson upon written
request
of the executive director or any three members of the commission.
All
meetings shall be held at a place and time fixed by the
chairperson. A
majority of the members of the commission shall constitute a quorum
to
transact its business.
(e) The commission shall consult with and advise the executive
di-
rector relating to the operation of the state lottery, shall assist
the director
in the establishment of policies and shall review and approve the
proposed
annual budget for the Kansas lottery prepared by the executive
director,
subject to all state laws governing budget procedures for state
agencies.
(f) The commission, in conjunction with the executive
director, shall
make an ongoing study of the operation and administration of
lotteries in
operation in other states or countries, of available literature on
the sub-
ject, of federal laws and regulations which may affect the
operation of the
lottery and of the reaction of citizens of this state to existing
or proposed
features of lottery games, with a view toward implementing
improve-
ments that will tend to serve the purposes of this act.
(g) Major procurements recommended by the executive
director
shall be subject to the approval of the commission.
(h) The commission may enter into written agreements with one
or
more other states or corporations made up of representatives of one
or
more other states' lotteries and participate in the operation,
marketing
and promotion of a joint lottery or joint lottery games, conforming
to the
provisions of this act, which agreements shall not be subject to
the pro-
visions of K.S.A. 75-3738 through 75-3744, and amendments
thereto.
(i) Subject to the limitations of appropriations therefor,
members of
the commission shall receive such compensation as determined by
the
governor. Members of the commission attending meetings of
the com-
mission or subcommittee meetings thereof approved by the
commission
shall be paid compensation, subsistence
allowances, mileage and other
expenses as provided in K.S.A. 75-3223, and amendments
thereto. In
addition, the chairperson of the commission, or the member of the
com-
mission designated by the chairperson to serve on a procurement
nego-
tiating committee, shall be paid amounts equal to amounts provided
by
K.S.A. 75-3223, and amendments thereto, for
compensation, subsistence
allowances, mileage and other expenses for attendance at meetings
of a
procurement negotiating committee pursuant to K.S.A.
74-8705, and
amendments thereto.
Sec. 5. K.S.A. 74-8705 and K.S.A. 1997 Supp. 39-970,
65-5117 and
74-8709 are hereby repealed.
Sec. 6. This act shall take effect and be in force from
and after its
publication in the statute book.
Approved May 10, 1998
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