Brief⁽¹⁾

H.B. 2760 would authorize the Secretary of the Kansas Department of Transportation (KDOT) to pay from the State Highway Fund losses incurred by KDOT employees resulting from the theft of the employee's tools or equipment when taken from a Department facility or vehicle. Payment would be made only in circumstances where the employee's supervisor or Department policy requires the employee to furnish the tools or equipment as a condition of employment. Payment would not be made where the Secretary finds that the employee's negligence was the primary cause of the loss or where covered by insurance. If the theft is covered by the employee's insurance, the Secretary would only pay the deductible amount.

Background

The Director of the Division of Operations of KDOT appeared in support of the bill. He noted that KDOT employs mechanics at six district and 26 area shop facilities as well as a geology shop facility. He explained that KDOT requires mechanics to provide their own tools, and periodically, a theft of tools or equipment occurs. Currently, KDOT reimburses employees for theft of tools up to $1,000. Where losses exceed $1,000, KDOT must submit the claim to the Joint Committee on Special Claims Against the State for approval. The Director pointed out that this procedure delays reimbursement to employees, especially if the loss occurs during the months the Legislature is not in session. The Director stated that the bill would expedite reimbursement to the employee and allow quick replacement of the tools or equipment.

There were opponents to the bill.

KDOT indicates that passage of H.B. 2760 would have no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.