CHAPTER 172 Substitute for SENATE BILL No. 171 An Act concerning certain state officers and employees; relating to restrictions on certain
political activity; relating to travel on state aircraft; amending K.S.A. 74-2105 and 74-
2113 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 74-2105 is hereby amended to read as follows: 74-
2105. (a) (1) The principal function of the Kansas highway patrol shall be
enforcement of the traffic and other laws of this state relating to highways,
vehicles and drivers of vehicles except as otherwise provided in this sub-
section (a). The superintendent and members of the highway patrol in
performing their duties under this act shall wear badges and uniforms of
office. The superintendent may designate members to perform security
duties for public officials and other duties as directed by the superinten-
dent. The superintendent may perform duties under this act whether or
not wearing a badge and uniform. Such members may serve without uni-
form and without open display of badges. Officers and employees of the
bureau of emergency medical services shall not wear badges and uniforms
of office.

      (2) The superintendent or the superintendent's designee shall desig-
nate the mode of transportation deemed necessary for the purpose of
providing security for the governor and the governor's family.

      (3) Subject to approval by the federal aviation administration of an
exemption from applicable federal aviation administration regulations,
when the governor elects to travel by state-owned vehicle or aircraft for
political or personal business and the superintendent has not deemed such
transportation necessary for the security of the governor or the governor's
family, the governor may use such vehicle or aircraft and reimburse the
state of Kansas for its use in an amount determined by the secretary of
administration.

      (b) In addition to the duties otherwise prescribed by law, the super-
intendent of the highway patrol shall supervise and manage the capitol
area security patrol. In the supervision and management of the duties of
the capitol area security patrol in and around the state capitol building,
the superintendent of the highway patrol shall advise with the legislative
coordinating council.

      (c) In addition to other duties, the superintendent of the highway
patrol shall provide budgeting, purchasing and related management func-
tions for the bureau of emergency medical services of the Kansas highway
patrol as may be provided by law and shall perform other functions and
duties pertaining to emergency medical services as may be specified by
law.

      New Sec.  2. The secretary of administration, by rules and regula-
tions, shall fix the fees and provide for the collection of such fees for
travel by the governor or the governor's family as authorized by subsection
(a)(3) of K.S.A. 74-2105, and amendments thereto.

      Sec.  3. K.S.A. 74-2113 is hereby amended to read as follows: 74-
2113. (a) There is hereby created a Kansas highway patrol. The patrol
shall consist of: (1) A superintendent, who shall have the rank of colonel
and who shall have special training and qualifications for such position;
(2) an assistant superintendent, who shall have the rank of lieutenant
colonel; and (3) officers and troopers who are appointed in accordance
with appropriation acts and as provided in this section. The superinten-
dent and assistant superintendent shall be within the unclassified service
under the Kansas civil service act. The assistant superintendent serving
on the effective date of this act shall be appointed to such position by the
superintendent. Thereafter, the assistant superintendent shall be ap-
pointed by the superintendent from among the members of the patrol,
and shall serve at the pleasure of the superintendent. If a person ap-
pointed as superintendent or assistant superintendent is a member of the
patrol when appointed, such person in each case, upon termination of the
term as superintendent or assistant superintendent, respectively, shall be
returned to a rank not lower than the rank such person held when ap-
pointed as superintendent or assistant superintendent. If such rank is
filled at that time, a temporary additional position shall be created in such
rank until a vacancy occurs in such rank. All other officers, troopers and
employees shall be within the classified service under the Kansas civil
service act.

      (b) The superintendent of the patrol shall be appointed by the gov-
ernor, subject to confirmation by the senate as provided in K.S.A. 75-
4315b, and amendments thereto, and shall receive an annual salary fixed
by the governor. The assistant superintendent shall receive an annual
salary fixed by the superintendent and approved by the governor.

      (c) All other members of the patrol shall be appointed by the super-
intendent in accordance with appropriation acts and with the Kansas civil
service act. No person shall be appointed as an officer of the patrol, other
than superintendent, unless the person has had at least five years of serv-
ice in the patrol as an officer or trooper. No person shall be appointed as
a trooper unless the person meets the following requirements:

      (1) Is a citizen of the United States;

      (2) is at least 21 years of age at the time of appointment;

      (3) has not been convicted by any state or the federal government of
a crime which is a felony or its equivalent under the uniform code of
military justice;

      (4) has been fingerprinted and a search of local, state and national
fingerprint files has been made to determine whether the applicant has
a criminal record;

      (5) is the holder of a high school diploma or furnishes evidence of
successful completion of an examination indicating an equivalent achieve-
ment; and

      (6) is free of any physical or mental condition which might adversely
affect the applicant's performance of duties as a trooper and whose phys-
ical health has been certified by an examining physician appointed by the
superintendent.

      (d) No member of the patrol shall hold any other elective or appoint-
ive commission or office, except in the Kansas national guard or in the
organized reserve of the United States army, air force or navy. No mem-
ber of the patrol shall accept any employment or compensation from any
licensee of the director of alcoholic beverage control of the department
of revenue or from any licensee of the Kansas racing commission or from
any officer, director, member or employee of any such licensee, nor shall
any member of the patrol accept any employment or compensation for
services which require the use of any state-owned equipment provided
by the Kansas highway patrol or the wearing of the patrol uniform. No
member of the patrol shall accept any reward or gift except with the
written permission of the superintendent.

      (e) No member of the patrol, including the superintendent, shall in
any way be active or participate in any political contest in any primary,
general or special election or participate in politics, except to cast such
member's ballot. For any violation of this provision, the offender shall be
summarily removed by the superintendent from the patrol.

 Sec.  4. K.S.A. 74-2105 and 74-2113 are hereby repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 9, 2001.
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