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12  AN ACT concerning state officers and employees; relating to the reim-
13    bursement of moving expenses; concerning subsistence allowance for
14    travel; amending K.S.A. 75-3207a and K.S.A. 1996 Supp. 74-2114, 75-
15    5250 and 76-727 and repealing the existing sections; also repealing
16    K.S.A. 1996 Supp. 75-3219 and 75-3224.
17
18  Be it enacted by the Legislature of the State of Kansas:
19    New Section 1.   (a) The head of any state agency, as defined by
20  K.S.A. 75-3701, and amendments thereto, desiring qualified applicants
21  for any position in state service which requires professional, technical,
22  managerial or unusual qualifications may agree in writing to reimburse
23  such an applicant for all or part of the applicant's moving expenses as an
24  inducement to the applicant to accept employment with the state agency
25  or pay such moving expenses to a firm providing moving services. The
26  prior approval of the governor shall be required if the applicant
27  resides out-of-state. The amount to be paid for moving expenses shall
28  not exceed the amount of the actual moving expenses as verified by re-
29  ceipts.
30    (b)  When state officers and employees are transferred within a state
31  agency or transferred between state agencies, the agency head may au-
32  thorize the payment of in-state moving expenses of such state officers and
33  employees. Such expenses shall not be paid when a transfer is made
34  primarily for the convenience or benefit of the employee or at the em-
35  ployee's request, or when the transfer results in the new official duty
36  station being less than 25 miles from the old station.
37    (c)  Moving expenses may include, but not be limited to, the cost of
38  packing and transporting household goods and personal effects, tempo-
39  rary storage costs on household goods and personal effects for a period
40  not to exceed 30 days, subsistence expenses while en route from the old
41  residence to the new residence, subsistence expenses while occupying
42  temporary quarters in the new location and the expenses of one premove
43  trip to look for a new residence. [State officers, employees and appli-
SB 104--Am. by SCW
                                     

 1  cants receiving moving expenses shall be required to sign an agree-
 2  ment that if they leave the employment of the state agency within
 3  one year from the moving date or employment date, whichever is
 4  later, they will reimburse the state agency the full amount so paid
 5  for moving expenses and the obligation to so repay shall constitute
 6  a lien and setoff by the state against such state officer, employee or
 7  applicant employee's unpaid wages or salary. Such moving expenses
 8  shall be paid from moneys available or appropriated to the state
 9  agency. The director of accounts and reports is authorized to issue
10  warrants against the appropriate agency fund for payment of any
11  such moving expense upon submission to the director of a duly item-
12  ized voucher therefor.]
13    (d)  Pursuant to K.S.A. 75-3706, and amendments thereto, the sec-
14  retary of administration may adopt rules and regulations regarding the
15  payment of moving expenses of state officers and employees under this
16  section, including procedures, conditions and limitations of payments.
17    (e)  Each state agency which has incurred expenses under this section
18  shall report the amount of such expenses to the chairpersons of the com-
19  mittee on appropriations of the house of representatives and the com-
20  mittee on ways and means of the senate on or before January 10, 1998,
21  and January 10, 1999.
22    Sec. 2.  K.S.A. 75-3207a is hereby amended to read as follows: 75-
23  3207a. (a) The secretary of administration shall establish the rates of sub-
24  sistence allowance for in-state and out-of-state travel for official purposes,
25  including travel to designated high-cost cities, and the rates so fixed. These
26  rates shall be paid to public officers and employees who are subject to
27  the provisions of K.S.A. 75-3207 and amendments thereto, or shall be
28  paid directly to lodging establishments. The secretary may authorize and
29  prescribe limitations and procedures for payment of such subsistence al-
30  lowances by separate categories for reimbursement for meal expenses
31  under a daily allowance basis and for reimbursement for lodging expenses
32  under an actual cost incurred basis, or may provide for the direct payment
33  of such lodging expenses to the lodging establishment. Advances for such
34  costs shall also be at the discretion of the secretary. Such rates, authori-
35  zations, limitations, procedures and other provisions for subsistence al-
36  lowances shall be established by rules and regulations adopted in the
37  manner prescribed by K.S.A. 75-3706 and amendments thereto.
38    (b)  All such rates and designations shall be fixed only after consid-
39  eration by the secretary of actual costs incurred in such travel, the rates
40  allowed by the federal internal revenue service, and such other matters
41  as the secretary deems pertinent.
42    (c)  The provisions of rules and regulations adopted pursuant to the
43  provisions of this section shall apply to all official travel on and after the
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 1  effective date of such rules and regulations.
 2    (d)  Nothing in this section shall apply to the officers and employees
 3  specified in K.S.A. 75-3216 and amendments thereto.
 4    (e)  The rates for lodging expense reimbursement and direct pay-
 5  ments established by rules and regulations of the secretary of administra-
 6  tion for in-state and out-of-state travel for official purposes by officers
 7  and employees who are subject to this section, may be exceeded upon
 8  written approval by the agency head, or the agency head's designee who
 9  is responsible for approval of travel under K.S.A. 75-3208 and amend-
10  ments thereto, subject to policies adopted by the officer, board or com-
11  mission that appointed the agency head. In cases involving the official
12  travel of an individual who is an agency head or an appointive member
13  of a board, commission or similar body that appoints an agency head, no
14  approval to exceed such rates for lodging expense reimbursement to such
15  expenses for that individual shall be required unless the appointing au-
16  thority of such individual requires such written approval by the appointing
17  authority. In no case shall any lodging reimbursement expense under this
18  subsection exceed the lesser of either:
19    (1)  The amount equal to the maximum applicable lodging expense
20  reimbursement authorized by rules and regulations adopted under this
21  section increased by 50%,; or
22    (2)  the actual lodging expenses incurred during the official travel.
23    Sec. 3.  K.S.A. 1996 Supp. 74-2114 is hereby amended to read as
24  follows: 74-2114. (a) The personnel of the Kansas highway patrol shall be
25  paid compensation for their services as determined by the superintendent
26  in accordance with provisions of applicable laws, rules and regulations.
27  Military service of any member of the Kansas highway patrol who leaves
28  or has left the patrol for the purpose of serving in any branch of the armed
29  forces of the United States, during any war or national emergency and
30  who returns to the patrol within 60 days after release therefrom, shall be
31  considered as service with the patrol for the purpose of calculating any
32  longevity pay increase. The governor shall determine when a national
33  emergency exists or has existed.
34    (b)  The salary of each member of the Kansas highway patrol shall be
35  fixed by the superintendent in accordance with the Kansas civil service
36  act. All members of the patrol shall receive their actual and necessary
37  traveling expenses and all salaries shall be paid monthly. The Kansas high-
38  way patrol superintendent shall hold office at the pleasure of the gover-
39  nor. The personnel of the Kansas highway patrol other than the super-
40  intendent shall serve upon first appointment for a probationary period of
41  one year. The superintendent is authorized to assign any major, captain,
42  lieutenant, sergeant or trooper for duty other than the place to which
43  presently assigned. In such cases, the superintendent shall pay necessary
SB 104--Am. by SCW
                                     

 1  moving expense from moneys appropriated for the Kansas highway patrol
 2  from the state general fund and available therefor in accordance with
 3  K.S.A. 75-3224, and amendments thereto section 1.
 4    Sec. 4.  K.S.A. 1996 Supp. 75-5250 is hereby amended to read as
 5  follows: 75-5250. The officers of any correctional institution under the
 6  supervision and control of the secretary of corrections shall consist of a
 7  warden, who may reside at the correctional institution, and such other
 8  officers and employees, including physicians and attorneys, as the secre-
 9  tary deems necessary. The warden of each correctional institution shall
10  be appointed by the secretary. All other officers and employees of the
11  several correctional institutions shall be appointed by the warden of each
12  institution with the approval of the secretary. Subject to available appro-
13  priations, student interns may be appointed to temporary positions, the
14  duration of which shall not exceed 150 calendar days, as corrections of-
15  ficers of such institutions. Any physician or attorney so appointed and any
16  student intern appointed as a temporary corrections officer shall be in
17  the unclassified service under the Kansas civil service act. All other such
18  officers and employees shall be within the classified service under the
19  Kansas civil service act, but the residence requirements of the act shall
20  not apply. The secretary is hereby authorized for good cause to assign
21  and reassign the supervisory personnel, including the warden of any cor-
22  rectional institution, to any other correctional institution at any time with-
23  out the consent of such warden, officer or employee. The expenses of
24  moving caused by such assignment or reassignment shall be paid by the
25  department of corrections in accordance with K.S.A. 75-3224, and
26  amendments thereto section 1.
27    Sec. 5.  K.S.A. 1996 Supp. 76-727 is hereby amended to read as fol-
28  lows: 76-727. (a) The chief executive officer of any state educational in-
29  stitution, when approved by the state board of regents, may extend an
30  invitation to any person to meet with representatives of such state edu-
31  cational institution for the purpose of consultation preliminary to such
32  person's possible selection as a member of the unclassified staff at such
33  state educational institution, and in such case, such state educational in-
34  stitution may pay the actual and necessary travel and subsistence expenses
35  of such invitee in meeting with such representatives. The state board of
36  regents may extend an invitation to any person to meet with the state
37  board of regents or with representatives of such board for the purpose of
38  consultation preliminary to such person's possible selection as chief ex-
39  ecutive officer of a state educational institution under the control and
40  supervision of the state board of regents or as executive officer of the
41  state board of regents, and in such case, the state board of regents may
42  pay the actual and necessary travel and subsistence expenses of such in-
43  vitee and such invitee's spouse in meeting with the board or with such
SB 104--Am. by SCW
                                     

 1  representatives. The travel and subsistence expenses shall be paid from
 2  funds available or appropriated for travel and subsistence.
 3    (b) (1)  Subject to the limitations of rules and regulations adopted by
 4  the secretary of administration, the state board of regents may agree to
 5  reimburse an applicant for the position of chief executive officer of a state
 6  educational institution or an applicant for the position of executive officer
 7  any position in the office of the state board of regents for all or part of
 8  the applicant's moving expenses from the applicant's usual place of out-
 9  of-state residence to the applicant's new place of residence in this state
10  as an inducement to the applicant to accept such position of employment.
11    (2)  The amount to be paid for moving expenses shall not exceed the
12  amount of the actual moving expenses verified by receipts or the amount
13  of moving expenses for moving 12,000 pounds of household goods, which-
14  ever is the lesser amount. The applicant shall be required to sign an
15  agreement that if the applicant leaves the position of employment within
16  one year from the beginning date of employment, the applicant will re-
17  imburse the state board of regents the full amount so paid for moving
18  expenses, and the obligation to repay shall constitute a lien and setoff by
19  the state against the applicant employee's unpaid wages or salary. The
20  moving expenses shall be paid from funds available or appropriated for
21  moving expenses.
22    (c)  The provisions of K.S.A. 75-3218 and 75-3219, and amendments
23  thereto, and subsection (a) of section 1, shall not apply to state educa-
24  tional institutions or. to the state board of regents, except that the pro-
25  visions of K.S.A. 75-3218, and amendments thereto, shall apply to em-
26  ployees of the office of the state board of regents other than the executive
27  officer of the state board of regents.
28    (d)  The chief executive officer of any state educational institution, or
29  any person or persons designated by such officer for the purpose, with
30  the approval of the state board of regents, may travel to any place or
31  places in the United States for the purpose of interviewing persons as
32  prospective members of the faculty of such state educational institution,
33  and in such case, such state educational institution shall pay the trans-
34  portation and subsistence expenses of persons making such trips. The
35  travel and subsistence shall be paid at the same rates and subject to the
36  same limitations as now provided for state employees for out-of-state
37  travel. The travel and subsistence shall be paid from funds available or
38  appropriated for travel and subsistence.
39    Sec. 6.  K.S.A. 75-3207a and K.S.A. 1996 Supp. 74-2114, 75-3219, 75-
40  3224, 75-5250 and 76-727 are hereby repealed.
41    Sec. 7.  This act shall take effect and be in force from and after its
42  publication in the statute book.