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10  AN ACT abolishing the corporation for change; relating to the transfer
11    of duties and powers thereof; amending K.S.A. 20-1a11, K.S.A. 1995
12    Supp. 74-9501, as amended by section 127 of chapter 229 of the 1996
13    Session Laws of Kansas, and K.S.A. 1996 Supp. 38-1808, 75-2935, and
14    75-2935b and 75-7024 and repealing the existing sections; also re-
15    pealing K.S.A. 38-1801, 38-1802, 38-1803, 38-1805, 38-1806, 38-1809,
16    38-1810 and 38-1811 and K.S.A. 1996 Supp. 38-1804 and 38-1807.
17
18  Be it enacted by the Legislature of the State of Kansas:
19    New Sec. Section 1.  The corporation for change established by
20  K.S.A. 38-1803 is hereby abolished.
21    New Sec. 2.  On and after July 1, 1997:
22    (a)  Except as otherwise provided by this act, whenever the corpora-
23  tion for change, or words of like effect, is referred to or designated by a
24  statute, contract or other document, such reference or designation shall
25  be deemed to apply to the juvenile justice authority established by K.S.A.
26  1996 Supp. 75-7001, and amendments thereto department of social and
27  rehabilitation services.
28    (b)  Except as otherwise provided by this act, whenever the executive
29  director or the chairperson of the board of directors of the corporation
30  for change, or words of like effect, is referred to or designated by a statute,
31  contract or other document, such reference or designation shall be
32  deemed to apply to the commissioner of juvenile justice established by
33  K.S.A. 1996 Supp. 75-7001, and amendments thereto secretary of social
34  and rehabilitation services.
35    (c)  All orders and directives of the corporation for change or of the
36  executive director or the chairperson of the board of directors of the
37  corporation for change in existence on the effective date of this act shall
38  continue to be effective and shall be deemed to be orders and directives
39  of the juvenile justice authority department of social and rehabilita-
40  tion services until revised, amended or nullified pursuant to law.
41    (d)  On the effective date of this act, the juvenile justice authority
42  department of social and rehabilitation services shall succeed to
43  whatever right, title or interest the corporation for change has acquired
SB 187--Am.
                                     

 1  in any real property in this state, and the authority department shall hold
 2  the same for and in the name of the state of Kansas. On and after the
 3  effective date of this act, whenever any statute, contract, deed or other
 4  document concerns the power or authority of the corporation for change
 5  or of the executive director or the chairperson of the board of directors
 6  of the corporation for change to acquire, hold or dispose of real property
 7  or any interest therein, the juvenile justice authority department of so-
 8  cial and rehabilitation services shall succeed to such power or author-
 9  ity.
10    New Sec. 3.  Except as otherwise provided in this act, on July 1, 1997,
11  officers and employees who, immediately prior to such date, were en-
12  gaged in the performance of powers, duties or functions of the corpora-
13  tion for change which are transferred by this act, or who become a part
14  of the juvenile justice authority department of social and rehabilita-
15  tion services, or the powers, duties and functions of which are trans-
16  ferred to the juvenile justice authority department of social and reha-
17  bilitation services, and who, in the opinion of the commissioner of
18  juvenile justice secretary of social and rehabilitation services, are
19  necessary to perform the powers, duties and functions of the juvenile
20  justice authority department of social and rehabilitation services,
21  shall be transferred to, and shall become officers and employees of the
22  juvenile justice authority act department of social and rehabilitation
23  services. Any such officer or employee shall retain all retirement benefits
24  and all rights of civil service which had accrued to or vested in such officer
25  or employee prior to the effective date of this section. The service of each
26  such officer and employee so transferred shall be deemed to have been
27  continuous. All transfers and any abolition of personnel positions in the
28  classified service under the Kansas civil service act shall be in accordance
29  with civil service laws and any rules and regulations adopted thereunder.
30    New Sec. 4.  On and after July 1, 1997:
31    (a)  When any conflict arises as to the disposition of any power, func-
32  tion or duty or the unexpended balance of any appropriation as a result
33  of any abolition, transfer, attachment or change made by or under au-
34  thority of this act, such conflict shall be resolved by the governor, whose
35  decision shall be final.
36    (b)  The juvenile justice authority department of social and reha-
37  bilitation services shall succeed to all property and records which were
38  used for or pertain to the performance of the powers, duties and functions
39  transferred to the juvenile justice authority department of social and
40  rehabilitation services. Any conflict as to the proper disposition of prop-
41  erty or records arising under this section, and resulting from the transfer
42  or attachment of any state agency, or all or part of the powers, duties and
43  functions thereof, shall be determined by the governor, whose decision
SB 187--Am.
                                     

 1  shall be final.
 2    New Sec. 5.  On and after July 1, 1997:
 3    (a)  The juvenile justice authority department of social and reha-
 4  bilitation services shall have the legal custody of all records, memo-
 5  randa, writings, entries, prints, representations or combinations thereof
 6  of any act, transaction, occurrence or event of the corporation for change
 7  and any agency or office transferred thereto under this act.
 8    (b)  No suit, action or other proceeding, judicial or administrative,
 9  lawfully commenced, or which could have been commenced, by or against
10  any state agency mentioned in this act, or by or against any officer of the
11  state in such officer's official capacity or in relation to the discharge of
12  such officer's official duties, shall abate by reason of the governmental
13  reorganization effected under the provisions of this act. The court may
14  allow any such suit, action or other proceeding to be maintained by or
15  against the successor of any such state agency or any officer affected.
16    (c)  No criminal action commenced or which could have been com-
17  menced by the state shall abate by the taking effect of this act.
18    New Sec. 6.  (a) On and after July 1, 1997, the balance of all funds
19  appropriated and reappropriated to the corporation for change is hereby
20  transferred to the juvenile justice authority department of social and
21  rehabilitation services in accordance with this act and shall be used
22  only for the purpose for which the appropriation was originally made.
23    (b)  On and after July 1, 1997, the balance of all funds received by the
24  corporation for change and maintained in interest-bearing accounts in
25  Kansas banks or Kansas savings and loan associations pursuant to K.S.A.
26  38-1809, prior to its repeal, shall be transferred to the state treasury and
27  credited to the family and children investment fund.
28    (c)  On and after July 1, 1997, the liability for all accrued compensa-
29  tion or salaries of officers and employees who, immediately prior to such
30  date, were engaged in the performance of powers, duties or functions of
31  the corporation for change, or who become a part of the juvenile justice
32  authority established by this act department of social and rehabilita-
33  tion services, or the powers, duties and functions of which are trans-
34  ferred to the juvenile justice authority provided for by this act depart-
35  ment of social and rehabilitation services in accordance with this
36  act, shall be assumed and paid by the juvenile justice authority established
37  by this act department of social and rehabilitation services.
38    New Sec. 7.  (a) The secretary of social and rehabilitation serv-
39  ices shall apply, accept and receive grants, loans, gifts or donations
40  from any public or private entity in support of programs adminis-
41  tered by the secretary pursuant to this act or by the judicial ad-
42  ministrator of the courts pursuant to a contract entered into under
43  this section.
SB 187--Am.
                                     

 1    (b)  The secretary of social and rehabilitation services shall con-
 2  sider applications for and make grants from the family and children
 3  trust account of the family and children investment fund in accor-
 4  dance with the provisions of subsection (d) of K.S.A. 38-1808 and
 5  amendments thereto.
 6    (c)  The secretary of social and rehabilitation services shall en-
 7  ter into a contract with the judicial administrator of the courts to
 8  administer the expenditures from the permanent families account
 9  of the family and children investment fund and to consider appli-
10  cations for and to make grants from the permanent families account
11  of the family and children investment fund in accordance with the
12  provisions of subsection (d) of K.S.A. 38-1808 and amendments
13  thereto.
14    New Sec. 8.  (a) The advisory committee on children and fami-
15  lies is hereby created.
16    (b)  The advisory committee on children and families shall con-
17  sist of 9 members as follows:  (1) The secretary of health and envi-
18  ronment; (2) the secretary of social and rehabilitation services; (3)
19  the secretary of human resources; (4) the education commissioner;
20    (5) the juvenile justice commissioner; (6) a member of the Kansas
21  supreme court; and (7) three members of the public who are inter-
22  ested in and knowledgeable about the needs of children and families
23  and appointed by the governor, except that the members appointed
24  by the governor to the advisory committee on children and families
25  created by executive order 97-1 shall be deemed members of the
26  advisory committee on children and families established by this sec-
27  tion.
28    (c)  The members of the committee on children and families shall
29  be appointed by the governor. The governor shall appoint a chair-
30  person of the committee and the members of the committee may
31  elect any additional officers from among its members necessary to
32  carry out the duties and functions of the committee.
33    (d)  The committee on children and families shall meet upon the
34  call of the chairperson as necessary to carry out the duties and
35  functions of the committee.
36    (e)  The advisory committee on children and families shall have
37  and perform the following functions:
38    (1)  Assist the governor in developing and implementing a co-
39  ordinated, comprehensive service delivery system to serve the chil-
40  dren and families of Kansas;
41    (2)  identify barriers to service and gaps in service due to strict
42  definitions of boundaries between departments and agencies;
43    (3)  facilitate interagency and interdepartmental cooperation to-
SB 187--Am.
                                     

 1  ward the common goal of serving children and families;
 2    (4)  investigate and identify methodologies for the combining of
 3  funds across departmental boundaries to better serve children and
 4  families;
 5    (5)  propose actions needed to achieve coordination of funding
 6  and services across departmental lines;
 7    (6)  encourage and facilitate joint planning and coordination be-
 8  tween the public and private sectors to better serve the needs of
 9  children and families; and
10    (7)  receive reports from local citizen review boards established
11  pursuant to K.S.A. 38-1812, and amendments thereto, regarding the
12  status of children under the supervision of the district courts and
13  regarding systemic barriers to permanence for children, assure that
14  appropriate data is maintained regularly and compiled at least once
15  a year by such boards on all cases reviewed and assure that the
16  effectiveness of such boards is evaluated on an ongoing basis, using,
17  where possible, random selection of local citizen review boards and
18  cases for the evaluation and including client outcome data to de-
19  termine effectiveness.
20    (f)  Members of the advisory committee on children and families
21  shall not be paid compensation, but shall receive subsistence allow-
22  ances, mileage and other expenses as provided by K.S.A. 75-3223,
23  and amendments thereto. The subsistence allowances, mileage and
24  other expenses as provided in K.S.A. 75-3223 and amendments
25  thereto shall be paid from available appropriations of the depart-
26  ment of social and rehabilitation services except that expenses of
27  members who are employed by a state agency shall be reimbursed
28  by that state agency.
29    Section 7. Sec. 9.  K.S.A. 20-1a11 is hereby amended to read as fol-
30  lows: 20-1a11. (a) There is hereby created in the state treasury a judicial
31  branch education fund.
32    (b)  All money credited to the fund shall be used for the purpose of
33  educating and training judicial branch officers and employees; for admin-
34  istering the training, testing and education of municipal judges as pro-
35  vided in K.S.A. 12-4114, and amendments thereto; for educating and
36  training municipal judges and municipal court support staff; and for the
37  planning and implementation of a family court system as provided by law,
38  except that expenditures for this purpose for the fiscal year ending June
39  30, 1993, shall not exceed $30,000 through the corporation for change,
40  and on October 1, 1992, or as soon thereafter as moneys are available
41  therefor, and during fiscal year 1993, the director of accounts and reports
42  shall transfer $30,000 from the judicial branch education fund to the
43  family and children investment fund of the corporation for change and
SB 187--Am.
                                     

 1  all such moneys shall be used for such purpose. Expenditures from the
 2  judicial branch education fund shall be made in accordance with appro-
 3  priation acts upon warrants of the director of accounts and reports issued
 4  pursuant to vouchers approved by the chief justice of the supreme court
 5  or by a person or persons designated by the chief justice.
 6    (c)  The chief justice may apply for, receive and accept money from
 7  any source for the purposes for which money in the judicial branch ed-
 8  ucation fund may be expended. Upon receiving any such money, the chief
 9  justice shall remit the entire amount at least monthly to the state treasurer
10  who shall deposit such money in the state treasury and credit such money
11  to the judicial branch education fund.
12    (d)  Upon the effective date of this act, the director of accounts and
13  reports is directed to transfer all moneys in the municipal judge training
14  fund to the judicial branch education fund. Upon the effective date of
15  this act, all liabilities of the municipal judge training fund existing prior
16  to such date are hereby imposed on the judicial branch education fund.
17  Whenever the municipal judge training fund, or words of like effect, is
18  referred to or designated by any statute, contract, or other document,
19  such reference or designation shall be deemed to apply to the judicial
20  branch education fund. The municipal judge training fund is hereby abol-
21  ished.
22    Sec. 8. 10.  K.S.A. 1996 Supp. 38-1808 is hereby amended to read as
23  follows: 38-1808. (a) There is hereby established in the state treasury the
24  family and children investment fund, to be administered by the board of
25  directors of the corporation for change. On and after July 1, 1997, such
26  fund shall be administered by the commissioner of juvenile justice sec-
27  retary of social and rehabilitation services.
28    (b) (1)  Moneys in the family and children investment fund shall be
29  expended for: (A) Furthering the purposes of the corporation for change;
30  (B) review and evaluation of progress in implementing the blueprint for
31  investment in Kansas children and their families of 1991 special commit-
32  tee on children's initiatives; (C) Purposes which further implementation
33  of a comprehensive, coordinated strategy for investment in Kansas chil-
34  dren and their families; and (D) (B) such other purposes as provided by
35  law.
36    (2)  There shall be credited to such fund appropriations, gifts, grants,
37  contributions, matching funds and participant payments.
38    (3)  All expenditures from the fund shall be made in accordance with
39  appropriation acts upon warrants of the director of accounts and reports
40  issued pursuant to vouchers approved by the chairperson of the board of
41  directors of the corporation for change commissioner of juvenile justice
42  secretary of social and rehabilitation services or a person designated
43  by the chairperson commissioner secretary.
SB 187--Am.
                                     

 1    (c) (1)  There is hereby created the family and children trust account
 2  in the family and children investment fund.
 3    (2)  Moneys credited to the family and children trust account shall be
 4  used for the following purposes: (A) Matching federal moneys to purchase
 5  services relating to community-based programs for the broad range of
 6  child abuse and neglect prevention activities; (B) providing start-up or
 7  expansion grants for community-based prevention projects for the broad
 8  range of child abuse and neglect prevention activities; (C) studying and
 9  evaluating community-based prevention projects for the broad range of
10  child abuse and neglect prevention activities; (D) preparing, publishing,
11  purchasing and disseminating educational material dealing with the broad
12  range of child abuse and neglect prevention activities; and (E) payment
13  of the salary and actual and necessary travel expenses of the coordinator
14  employed by the corporation for change for the children and youth ad-
15  vocacy committee; and (F) payment of administrative costs of the family
16  and children trust account and of the children and youth advocacy com-
17  mittee, including amounts provided by subsection (c) of K.S.A. 38-1805
18  and amendments thereto advisory committee on children and families
19  established pursuant to section 8. No moneys in the family and chil-
20  dren trust account shall be used for the purpose of providing services for
21  the voluntary termination of pregnancy.
22    (3)  The advisory commission on children and families created
23  in section 8 shall advise the secretary of social and rehabilitation
24  services on the expenditures of moneys in the family and children
25  trust account.
26    (3)  The children and youth advocacy committee of the corporation
27  for change shall advise the board of directors in detail on the expenditures
28  of moneys in the family and children trust account.
29    (d) (1)  There is hereby created the permanent families account in
30  the family and children investment fund.
31    (2)  Moneys credited to the permanent families account shall be used
32  for the following purposes: (A) Not more than 12% of the amount cred-
33  ited to the account during the fiscal year may be used to provide technical
34  assistance to district courts or local groups wanting to establish a local
35  citizen review board or a court-appointed special advocate program, in-
36  cluding but not limited to such staff as necessary to provide such assis-
37  tance, and to provide services necessary for the administration of such
38  board or program, including but not limited to grants administration,
39  accounting, data collection, report writing and training of local citizen
40  review board staff; (B) grants to court-appointed special advocate pro-
41  grams, upon application approved by the administrative judge of the ju-
42  dicial district where the program is located; and (C) grants to district
43  courts, upon application of the administrative judge of the judicial district,
SB 187--Am.
                                     

 1  for expenses of establishment, operation and evaluation of local citizen
 2  review boards in the judicial district, including costs of: (i) Employing
 3  local citizen review board coordinators and clerical staff; (ii) telephone,
 4  photocopying and office equipment and supplies for which there are
 5  shown to be no local funds available; (iii) mileage of staff and board mem-
 6  bers; and (iv) training staff and board members.
 7    (e)  On or before the 10th of each month, the director of accounts
 8  and reports shall transfer from the state general fund to the family and
 9  children investment fund interest earnings based on:
10    (1)  The average daily balance of moneys in the family and children
11  investment fund for the preceding month; and
12    (2)  the net earnings rate of the pooled money investment portfolio
13  for the preceding month.
14    Sec. 9. 11.  K.S.A. 1995 Supp. 74-9501, as amended by section 127
15  of chapter 229 of the 1996 Session Laws of Kansas, is hereby amended
16  to read as follows: 74-9501. (a) There is hereby established the Kansas
17  criminal justice coordinating council.
18    (b)  The council shall consist of the governor or designee, the chief
19  justice of the supreme court or designee, the attorney general or designee,
20  the secretary of corrections, the secretary of social and rehabilitation serv-
21  ices, the commissioner of juvenile justice and the director of the Kansas
22  bureau of investigation.
23    (c)  The director and all existing employees of the Kansas sentencing
24  commission shall serve as staff to the Kansas criminal justice coordinating
25  council, while continuing to serve at the will of the Kansas sentencing
26  commission pursuant to K.S.A. 74-9103 and amendments thereto in the
27  performance of its duties as outlined in K.S.A. 74-9101, 74-9106 and 21-
28  4725 and amendments thereto. The director shall attend all meetings of
29  the council, be responsible for keeping a record of council meetings,
30  prepare reports of the council and perform such other duties as directed
31  by the council.
32    (d)  The council shall elect a chairperson and vice-chairperson from
33  among the members of the council.
34    (e)  The council shall:
35    (1)  Define and analyze issues and processes in the criminal justice
36  system, identify alternative solutions and make recommendations for im-
37  provements;
38    (2)  perform such criminal justice studies or tasks as requested by the
39  governor, the legislature or the chief justice, as deemed appropriate or
40  feasible by the council;
41    (3)  oversee development and management of a criminal justice da-
42  tabase including assuming the designation and functions of the state sta-
43  tistical analysis center currently assigned to the Kansas bureau of inves-
SB 187--Am.
                                     

 1  tigation pursuant to K.S.A. 75-712a and amendments thereto. All criminal
 2  justice agencies as defined in subsection (c) of K.S.A. 22-4701 and amend-
 3  ments thereto and the department of social and rehabilitation services
 4  shall provide any data or information, including juvenile offender infor-
 5  mation which is requested by the council, in a form and manner estab-
 6  lished by the council, in order to facilitate the development and manage-
 7  ment of the criminal justice council database; and
 8    (4)  develop and oversee reporting of all criminal justice federal fund-
 9  ing available to the state or local units of government including assuming
10  the designation and functions of administering the United States bureau
11  of justice assistance grants currently administered through the law en-
12  forcement antidrug abuse program of the department of administration.
13  On the effective date of this act any bureau of justice assistance antidrug
14  abuse federal fund balances in any account and all unclassified positions
15  authorized for the law enforcement antidrug abuse program of the de-
16  partment of administration shall be transferred to and budgeted with the
17  Kansas sentencing commission.
18    (f)  The council shall appoint a standing local government advisory
19  group to consult and advise the council concerning local government
20  criminal justice issues and the impact of state criminal justice policy and
21  decisions on local units of government. The advisory group shall consist
22  of a sheriff, chief of police, county or district attorney, city governing body
23  and a county commissioner. Appointees to such advisory group shall serve
24  without compensation or reimbursement for travel and subsistence or any
25  other expenses.
26    (g)  The council shall form a task force to study and develop policies
27  and recommendations regarding the juvenile justice system, including
28  issues of jurisdiction, placement, intake and assessment processes, dis-
29  positional alternatives, financing strategies, availability of mental health
30  services and work processes and case loads of social workers and court
31  services officers, the implications of a youth authority and any other issues
32  affecting children in need of care as defined in K.S.A. 38-1501 et seq.
33  and juvenile offenders as defined in K.S.A. 38-1601 et seq. and amend-
34  ments thereto. The task force shall consist of the following members:
35  Executive director of the corporation for change or designee, chair of the
36  advisory committee on juvenile offender programs or designee, commis-
37  sioner of youth services of the department of social and rehabilitation
38  services or designee; additional members to be selected by the council
39  shall include a director of a community corrections program, a juvenile
40  judge, a prosecuting attorney, an attorney who represents juveniles, a
41  deputy secretary of corrections, a court services officer, and a sheriff or
42  chief of police. The corporation for change and the division of youth
43  services of the state department of social and rehabilitation services shall
SB 187--Am.
                                     

 1  each assign one full-time equivalent staff member to the council or, in
 2  the case of the corporation for change, the equivalent of such by more
 3  than one staff member or other, for a period of one year, which staff shall
 4  be approved by the council and perform duties as assigned by and func-
 5  tion under the direction of the executive director of the staff of the coun-
 6  cil, while continuing to be compensated by the agency by which em-
 7  ployed. The task force shall submit a preliminary report to the council,
 8  and the council shall report to the chairperson of the senate and house
 9  committee on judiciary during the interim session of the 1995 legislature.
10  A final report shall be submitted to the legislature on or before February
11  1, 1995. The task force shall cease to exist on June 30, 1995.
12    (h) (g)  The council shall form a task force to study the consolidation
13  of probation, parole and community corrections services.
14    (i) (h)  When analyzing criminal justice issues and performing criminal
15  justice studies, the council shall form such task groups as necessary and
16  shall appoint individuals who appropriately represent law enforcement,
17  the judiciary, legal profession, state, local, or federal government, the
18  public, or other professions or groups as determined by the council, to
19  represent the various aspects of the issue being analyzed or studied.
20  Members of the legislature may be appointed ex officio members to such
21  task groups. A member of the council shall serve as the chairperson of
22  each task group appointed by the council. The council may appoint other
23  members of the council to any task group formed by the council.
24    (j) (i)  The council shall review reports submitted by each task group
25  named by the council and shall submit the report with the council's rec-
26  ommendations pertaining thereto to the governor, chief justice of the
27  supreme court, the chief clerk of the house of representatives and the
28  secretary of the senate.
29    Sec. 10. 12.  K.S.A. 1996 Supp. 75-2935 is hereby amended to read
30  as follows: 75-2935. The civil service of the state of Kansas is hereby
31  divided into the unclassified and the classified services.
32    (1)  The unclassified service comprises positions held by state officers
33  or employees who are:
34    (a)  Chosen by election or appointment to fill an elective office;
35    (b)  members of boards and commissions, heads of departments re-
36  quired by law to be appointed by the governor or by other elective offi-
37  cers, and the executive or administrative heads of offices, departments,
38  divisions and institutions specifically established by law;
39    (c)  except as otherwise provided under this section, one personal sec-
40  retary to each elective officer of this state, and in addition thereto, 10
41  deputies, clerks or employees designated by such elective officer;
42    (d)  all employees in the office of the governor;
43    (e)  officers and employees of the senate and house of representatives
SB 187--Am.
                                     

 1  of the legislature and of the legislative coordinating council and all officers
 2  and employees of the office of revisor of statutes, of the legislative re-
 3  search department, of the division of legislative administrative services,
 4  of the division of post audit and the legislative counsel;
 5    (f)  chancellor, president, deans, administrative officers, student
 6  health service physicians, pharmacists, teaching and research personnel,
 7  health care employees and student employees in the institutions under
 8  the state board of regents, the executive officer of the board of regents
 9  and the executive officer's employees other than clerical employees, and,
10  at the discretion of the state board of regents, directors or administrative
11  officers of departments and divisions of the institution and county exten-
12  sion agents, except that this subsection (1)(f) shall not be construed to
13  include the custodial, clerical or maintenance employees, or any employ-
14  ees performing duties in connection with the business operations of any
15  such institution, except administrative officers and directors; as used in
16  this subsection (1)(f), ``health care employees'' means employees of the
17  university of Kansas medical center who provide health care services at
18  the university of Kansas medical center and who are medical technicians
19  or technologists or respiratory therapists, who are licensed professional
20  nurses or licensed practical nurses, or who are in job classes which are
21  designated for this purpose by the chancellor of the university of Kansas
22  upon a finding by the chancellor that such designation is required for the
23  university of Kansas medical center to recruit or retain personnel for
24  positions in the designated job classes; and employees of any institution
25  under the state board of regents who are medical technologists;
26    (g)  operations, maintenance and security personnel employed to im-
27  plement agreements entered into by the adjutant general and the federal
28  national guard bureau, and officers and enlisted persons in the national
29  guard and the naval militia;
30    (h)  persons engaged in public work for the state but employed by
31  contractors when the performance of such contract is authorized by the
32  legislature or other competent authority;
33    (i)  persons temporarily employed or designated by the legislature or
34  by a legislative committee or commission or other competent authority
35  to make or conduct a special inquiry, investigation, examination or in-
36  stallation;
37    (j)  officers and employees in the office of the attorney general and
38  special counsel to state departments appointed by the attorney general,
39  except that officers and employees of the division of the Kansas bureau
40  of investigation shall be in the classified or unclassified service as provided
41  in K.S.A. 75-711 and amendments thereto;
42    (k)  all employees of courts;
43    (l)  client, patient and inmate help in any state facility or institution;
SB 187--Am.
                                     

 1    (m)  all attorneys for boards, commissions and departments;
 2    (n)  the secretary and assistant secretary of the Kansas state historical
 3  society;
 4    (o)  physician specialists, dentists, dental hygienists, pharmacists,
 5  medical technologists and long term care workers employed by the de-
 6  partment of social and rehabilitation services;
 7    (p)  physician specialists, dentists and medical technologists employed
 8  by any board, commission or department or by any institution under the
 9  jurisdiction thereof;
10    (q)  student employees enrolled in public institutions of higher learn-
11  ing;
12    (r)  administrative officers, directors and teaching personnel of the
13  state board of education and the state department of education and of
14  any institution under the supervision and control of the state board of
15  education, except that this subsection (1)(r) shall not be construed to
16  include the custodial, clerical or maintenance employees, or any employ-
17  ees performing duties in connection with the business operations of any
18  such institution, except administrative officers and directors;
19    (s)  all officers and employees in the office of the secretary of state;
20    (t)  one personal secretary and one special assistant to the following:
21  The secretary of administration, the secretary of aging, the secretary of
22  agriculture, the secretary of commerce and housing, the secretary of cor-
23  rections, the secretary of health and environment, the superintendent of
24  the Kansas highway patrol, the secretary of human resources, the secre-
25  tary of revenue, the secretary of social and rehabilitation services, the
26  secretary of transportation and the secretary of wildlife and parks;
27    (u)  one personal secretary and one special assistant to the chancellor
28  and presidents of institutions under the state board of regents;
29    (v)  one personal secretary and one special assistant to the executive
30  vice chancellor of the university of Kansas medical center;
31    (w)  one public information officer and one chief attorney for the fol-
32  lowing: The department of administration, the department on aging, the
33  department of agriculture, the department of commerce and housing, the
34  department of corrections, the department of health and environment,
35  the department of human resources, the department of revenue, the de-
36  partment of social and rehabilitation services, the department of trans-
37  portation and the Kansas department of wildlife and parks;
38    (x)  civil service examination monitors;
39    (y)  one executive director, one general counsel and one director of
40  public affairs and consumer protection in the office of the state corpo-
41  ration commission;
42    (z)  specifically designated by law as being in the unclassified service;
43  and
SB 187--Am.
                                     

 1    (aa)  all officers and employees of Kansas, Inc., and the Kansas tech-
 2  nology enterprise corporation and the corporation for change.
 3    (2)  The classified service comprises all positions now existing or here-
 4  after created which are not included in the unclassified service. Appoint-
 5  ments in the classified service shall be made according to merit and fitness
 6  from eligible pools which so far as practicable shall be competitive. No
 7  person shall be appointed, promoted, reduced or discharged as an officer,
 8  clerk, employee or laborer in the classified service in any manner or by
 9  any means other than those prescribed in the Kansas civil service act and
10  the rules adopted in accordance therewith.
11    (3)  For positions involving unskilled, or semiskilled duties, the sec-
12  retary of administration, as provided by law, shall establish rules and reg-
13  ulations concerning certifications, appointments, layoffs and reemploy-
14  ment which may be different from the rules and regulations established
15  concerning these processes for other positions in the classified service.
16    (4)  Officers authorized by law to make appointments to positions in
17  the unclassified service, and appointing officers of departments or insti-
18  tutions whose employees are exempt from the provisions of the Kansas
19  civil service act because of the constitutional status of such departments
20  or institutions shall be permitted to make appointments from appropriate
21  pools of eligibles maintained by the division of personnel services.
22    Sec. 11. 13.  K.S.A. 1996 Supp. 75-2935b is hereby amended to read
23  as follows: 75-2935b. Salaries and other compensation of all persons who
24  are within the unclassified service of the Kansas civil service act, and
25  which salaries and other compensation are not fixed by statute, shall be
26  subject to the approval of the governor and such salaries or other com-
27  pensation shall not be paid until approved by the governor. The provisions
28  of this section shall not apply to the salaries and other compensation of
29  any officer or employee when such salary or other compensation is spe-
30  cifically prescribed by law, nor to officers and employees of elected state
31  officials, officers and employees under the jurisdiction of the state board
32  of regents, the executive secretary and other employees of the Kansas
33  public employees retirement system that are in the unclassified service
34  as specified under K.S.A. 74-4908 and amendments thereto, officers and
35  employees of Kansas, Inc., and the Kansas technology enterprise corpo-
36  ration and the Kansas corporation for change, officers and employees
37  under the jurisdiction of the supreme court, legislative officers and em-
38  ployees or officers and employees of any agency performing functions
39  and duties primarily for the legislative branch.
40    Sec. 12.  K.S.A. 1996 Supp. 75-7024 is hereby amended to read as
41  follows: 75-7024. On and after July 1, 1997, in addition to other powers
42  and duties provided by law, in administering the provisions of the juvenile
43  justice code, the commissioner of juvenile justice shall:
SB 187--Am.
                                     

 1    (a)  Establish the following divisions in the juvenile justice authority:
 2    (1)  Operations. The commissioner shall oversee the juvenile intake
 3  and assessment system as it relates to the juvenile offender; provide tech-
 4  nical assistance and help facilitate community collaboration; license ju-
 5  venile correctional facilities, programs and providers; assist in coordinat-
 6  ing a statewide system of community based service providers; establish
 7  pilot projects for community based service providers; and operate the
 8  juvenile correctional facilities.
 9    (2)  Research. The commissioner shall generate, analyze and utilize
10  data to review existing programs and identify effective prevention pro-
11  grams; to develop new program initiatives and restructure existing pro-
12  grams; and to assist communities in risk assessment and effective resource
13  utilization.
14    (3)  Contracts. The commissioner shall secure the services of direct
15  providers by contracting with such providers, which may include non-
16  profit, private or public agencies, to provide functions and services
17  needed to operate the juvenile justice authority. The commissioner shall
18  contract with local service providers, when available, to provide 24-hour-
19  a-day intake and assessment services. Nothing provided for herein shall
20  prohibit local municipalities, through interlocal agreements, from corrob-
21  orating with and participating in the intake and assessment services es-
22  tablished in K.S.A. 1996 Supp. 75-7023 and amendments thereto.
23    (4)  Performance audit. The commissioner shall randomly audit con-
24  tracts to determine that service providers are performing as required pur-
25  suant to the contract.
26    (b)  Adopt rules and regulations necessary for the administration of
27  this act.
28    (c)  Administer all state and federal funds appropriated to the juvenile
29  justice authority and may coordinate with any other agency within the
30  executive branch expending funds appropriated for juvenile justice.
31    (d)  Administer the development and implementation of a juvenile
32  justice information system.
33    (e)  Administer the transition to and implementation of juvenile jus-
34  tice system reforms.
35    (f)  Coordinate with the judicial branch of state government any duties
36  and functions which effect the juvenile justice authority.
37    (g)  Serve as a resource to the legislature and other state policymakers.
38    (h)  Make and enter into all contracts and agreements and do all other
39  acts and things necessary or incidental to the performance of functions
40  and duties and the execution of powers under this act.
41    (i)  Accept custody of juvenile offenders so placed by the court.
42    (j)  Assign juvenile offenders placed in the commissioner's custody to
43  juvenile correctional facilities based on information collected by the re-
SB 187--Am.
                                     

 1  ception and diagnostic evaluation, intake and assessment report, pursuant
 2  to K.S.A. 1996 Supp. 75-7023, and amendments thereto, and the predis-
 3  positional investigation report, pursuant to K.S.A. 38-1661, and amend-
 4  ments thereto.
 5    (k)  Establish and utilize a reception and diagnostic evaluation for all
 6  juvenile offenders to be evaluated prior to placement in a juvenile cor-
 7  rectional facility.
 8    (l)  Assist the judicial districts in establishing community based place-
 9  ment options, community corrections services and aftercare transition
10  services for juvenile offenders.
11    (m)  Review, evaluate and restructure the programmatic mission and
12  goals of the juvenile correctional facilities to accommodate greater spe-
13  cialization for each facility.
14    (n)  Adopt rules and regulations as are necessary to encourage the
15  sharing of information between individuals and agencies who are involved
16  with the juvenile.
17    (o)  Accept and receive grants, loans, gifts or donations from any pub-
18  lic or private entity in support of programs administered by the commis-
19  sioner and assist in the development of supplemental funding sources for
20  local and state programs.
21    (p)  Consider applications for and make such grants from the family
22  and children trust account and the permanent families account of the
23  family and children investment fund as authorized by law.
24    (q)  Receive reports from local citizen review boards established pur-
25  suant to K.S.A. 38-1812, and amendments thereto, regarding the status
26  of children under the supervision of the district courts and regarding
27  systemic barriers to permanence for children, assure that appropriate
28  data is maintained regularly and compiled at least once a year by such
29  boards on all cases reviewed and assure that the effectiveness of such
30  boards is evaluated on an ongoing basis, using, where possible, random
31  selection of local citizen review boards and cases for the evaluation and
32  including client outcome data to determine effectiveness.
33    Sec. 13. 14.  K.S.A. 20-1a11, 38-1801, 38-1802, 38-1803, 38-1805,
34  38-1806, 38-1809, 38-1810 and 38-1811, K.S.A. 1995 Supp. 74-9501, as
35  amended by section 127 of chapter 229 of the 1996 Session Laws of
36  Kansas and K.S.A. 1996 Supp. 38-1804, 38-1807, 38-1808, 75-2935, and
37  75-2935b and 75-7024 are hereby repealed.
38    Sec. 14. 15.  This act shall take effect and be in force from and after
39  its publication in the statute book.