SB 383--Am.
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As Amended by Senate Committee
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Session of 1997
SENATE BILL No. 383
By Committee on Ways and Means
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10 AN ACT concerning salaries and compensation for certain state officers 11 and employees; longevity bonus payments; making appropriations for 12 the fiscal year ending June 30, 1998; amending K.S.A. 1996 Supp. 40- 13 102, 46-137a, 46-137b, 75-3101, 75-3103, 75-3104, 75-3108, 75-3110 14 and 75-3111a and repealing the existing sections. 15 16 Be it enacted by the Legislature of the State of Kansas: 17 New Section 1. (a) The governor is hereby authorized and directed 18 to modify the pay plan adopted for fiscal year 1997 in accordance with 19 this subsection and to adopt such pay plan as so modified. The existing 20 pay plan for fiscal year 1997 shall be modified to provide for an increase 21 of 1% in the pay rates of such pay plan. The pay plan adopted by the 22 governor under this subsection shall be the pay plan for the classified 23 service under the Kansas civil service act and shall be effective on the 24 first day of the first biweekly payroll period which is chargeable to the 25 fiscal year ending June 30, 1998. Such pay plan shall be subject to mod- 26 ification and approval as provided under K.S.A. 75-2938 and amendments 27 thereto and to any enactment of the legislature applicable thereto. 28 (b) There is hereby appropriated from the state general fund for the 29 state finance council, for the fiscal year ending June 30, 1998, the sum of 30 $28,778,675 to be used for the purpose of paying the proportionate share 31 of the cost to the state general fund of: (1) The salary increases which are 32 provided for by adoption of the pay plan under subsection (a) for state 33 officers and employees in the classified service under the Kansas civil 34 service act; (2) the salary increases which are provided for step move- 35 ments of the pay plan for state officers and employees in the classified 36 service under the Kansas civil service act; (3) the salary increases for state 37 officers and employees in the unclassified service under the Kansas civil 38 service act which are provided for in subsection (a)(1) and subsection 39 (a)(2) of section 2; (4) the salary increases for the governor, lieutenant 40 governor, secretary of state, state treasurer, commissioner of insurance 41 and attorney general; and (5) longevity bonus payments under K.S.A. 75- 42 5541 and amendments thereto for state officers and employees in the 43 classified service under the Kansas civil service act and of longevity bonus SB 383--Am.
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 1  payments, which shall each be a bonus as defined by 29 C.F.R. 778.208,
 2  for state officers and employees in the unclassified service under the
 3  Kansas civil service act of agencies in the executive branch of state gov-
 4  ernment. Nothing in this section shall be construed to require the pay-
 5  ment of longevity bonuses for state officers and employees in the unclas-
 6  sified service under the Kansas civil service act of agencies in the
 7  executive branch of state government.
 8    (c)  To pay the proportionate share of the cost to the state general
 9  fund of each state agency for the salary increases and longevity bonus
10  payments under subsection (b), including associated employer contribu-
11  tions, upon recommendation of the director of the budget, the state fi-
12  nance council, acting on this matter which is hereby characterized as a
13  matter of legislative delegation and subject to the guidelines prescribed
14  in subsection (c) of K.S.A. 75-3711c and amendments thereto, except
15  paragraph (3) of such subsection (c), is hereby authorized and directed
16  to approve the transfer of moneys from the appropriation under subsec-
17  tion (b) to the proper accounts created by state general fund appropria-
18  tions for the fiscal year ending June 30, 1998.
19    (d)  Upon recommendation of the director of the budget, the state
20  finance council, acting on this matter which is hereby characterized as a
21  matter of legislative delegation and subject to the guidelines prescribed
22  in subsection (c) of K.S.A. 75-3711c and amendments thereto, except
23  paragraph (3) of such subsection (c), is hereby authorized to approve
24  increases in expenditure limitations on special revenue funds and ac-
25  counts established for the fiscal year ending June 30, 1998, for the pur-
26  pose of paying from such funds or accounts the proportionate share of
27  the cost to such funds or accounts, including associated employer contri-
28  butions, of the salary increases and longevity bonus payments under sub-
29  section (b).
30    (e)  Each state agency of the executive branch of state government
31  shall prepare and submit a budget estimate for such salary increases and
32  longevity bonus payments under subsection (b), and all amendments and
33  revisions of such estimates, to the director of the budget on forms pre-
34  scribed by the director of the budget. At the same time as each state
35  agency submits such estimate, and all amendments and revisions thereof,
36  each state agency shall submit a copy of such estimate, and all amend-
37  ments and revisions thereof, directly to the legislative research depart-
38  ment.
39    New Sec. 2.  (a) (1) The governor is hereby authorized and directed
40  to modify or authorize the modification of the salaries of state officers
41  and employees who are in the unclassified service under the Kansas civil
42  service act and whose salaries are subject to approval by the governor
43  under K.S.A. 75-2935b or 75-2935c and amendments thereto or under
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 1  any other statute to provide for base salary increases, to be effective on
 2  the first day of the first biweekly payroll period which is chargeable to
 3  the fiscal year ending June 30, 1998, and to be distributed on a merit
 4  basis from a merit salary increase pool, the average of such increases shall
 5  not exceed 3.5% of the base salaries of such officers and employees.
 6    (2)  Each elected state official of the executive branch of state gov-
 7  ernment, including the state board of education, the state board of re-
 8  gents, the board of trustees of the Kansas public employees retirement
 9  system, Kansas, Inc., the board of directors of Kansas technology enter-
10  prise corporation and the board of directors of the corporation for change,
11  in such official, agency or board's discretion, are hereby authorized and
12  directed to modify or to authorize the modification of the salaries of the
13  state officers and employees of such official, agency or board who are in
14  the unclassified service under the Kansas civil service act and whose sal-
15  aries are not subject to approval by the governor under K.S.A. 75-2935b
16  or 75-2935c and amendments thereto or any other statute to provide for
17  base salary increases to be effective on the first day of the first biweekly
18  payroll period which is chargeable to the fiscal year ending June 30, 1998,
19  and to be distributed on a merit basis from a merit salary increase pool,
20  the average of such increases shall not exceed 3.5% of the base salaries
21  of such officers and employees of such official agency or board.
22    (b)  The provisions of subsection (a)(2) shall not authorize or provide
23  any salary increase for the governor, lieutenant governor, secretary of
24  state, state treasurer, commissioner of insurance, attorney general, or to
25  any member of any state board, commission, council or committee re-
26  ceiving per diem compensation as provided by statute.
27    Sec. 3.
28  LEGISLATIVE COORDINATING COUNCIL
29    (a)  There is appropriated for the above agency from the state general
30  fund for the fiscal year ending June 30, 1998, the following:
31    Legislative coordinating council--operations............................ $23,571
32    Legislative research department--operations............................. $89,527
33    Office of the revisor of statutes--operations........................... $66,529
34    Sec. 4.
35  LEGISLATURE
36    (a)  There is appropriated for the above agency from the state general
37  fund for the fiscal year ending June 30, 1998, the following:
38    Operations (including official hospitality)............................ $164,527
39    Sec. 5.
40  DIVISION OF POST AUDIT
41    (a)  There is appropriated for the above agency from the state general
42  fund for the fiscal year ending June 30, 1998, the following:
43    Operations (including legislative post audit committee)................. $42,307
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 1    Sec. 6.
 2  JUDICIAL COUNCIL
 3    (a)  There is appropriated for the above agency from the state general
 4  fund for the fiscal year ending June 30, 1998, the following:
 5    Operating expenditures................................................... $8,388
 6    Sec. 7.
 7  JUDICIAL BRANCH
 8    (a)  There is appropriated for the above agency from the state general
 9  fund for the fiscal year ending June 30, 1998, the following:
10    Judiciary operations................................................. $2,559,081
11    Sec. 8. 1.  On June 15, 1997, K.S.A. 1996 Supp. 40-102 is hereby
12  amended to read as follows: 40-102. There is hereby established a de-
13  partment to be known as the insurance department, which shall have a
14  chief officer entitled the commissioner of insurance who shall receive,
15  except as otherwise provided in K.S.A. 75-3111a and amendments
16  thereto, an annual salary of $62,407 a salary at a biweekly pay rate of
17  $2,546.59, and such officer shall be charged with the administration of
18  all laws relating to insurance, insurance companies and fraternal benefit
19  societies doing business in this state, and all other duties which are or
20  may be imposed upon such officer by law.
21    Sec. 9. 2.  On June 15, 1997, K.S.A. 1996 Supp. 46-137a is hereby
22  amended to read as follows: 46-137a. In addition to the compensation
23  provided for by K.S.A. 46-137b, 46-137e and 75-3212 and amendments
24  thereto, each member of the legislature shall receive the following
25  amounts:
26    (a)  The sum of $65 $68.96 per calendar day for service at any regular
27  or special session, except as otherwise provided in subsection (e);
28    (b)  the sum of $73 $80 per calendar day for subsistence allowance
29  for any regular or special session of the legislature, except that if the
30  amounts allowable for the capital city of Kansas under applicable federal
31  law and regulations to employees of the executive branch of the federal
32  government for per diem expenses, while away from home but serving in
33  the United States, are amounts which total greater than $73 $80, then
34  each member of the legislature shall receive such greater total amount
35  per calendar day for subsistence allowance for any regular or special ses-
36  sion of the legislature;
37    (c)  an allowance of $600 per calendar month $270 for the two-week
38  period which coincides with the first biweekly payroll period commencing
39  in April and for each of the 19 ensuing two-week periods thereafter, except
40  for the months of January, February and March to defray expenses in-
41  curred between sessions of the legislature for postage, telephone, office
42  and other incidental expenses;
43    (d)  an allowance for mileage in an amount equal to the rate per mile
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 1  prescribed under the provisions of K.S.A. 75-3203a and amendments
 2  thereto multiplied by the number of miles traveled by the usual route in
 3  going to and returning from the member's place of residence for any
 4  regular or special session of the legislature. Such mileage allowances shall
 5  be paid for not to exceed the equivalent of one trip for each full week
 6  occurring between convening and adjournment sine die in any regular or
 7  special session. The mileage allowance provided under the provisions of
 8  this subsection shall not be subject to the restrictions relating to the use
 9  of vehicles prescribed by K.S.A. 75-3203 and 75-3203a and amendments
10  thereto but shall only be allowed for trips actually made. Compensation
11  and subsistence allowance shall not be allowed under the provisions of
12  subsections (a) and (b) of this section during any period in which the
13  legislature is adjourned for more than two days, Sundays excepted; and
14    (e)  whenever the rates of compensation of the pay plan for persons
15  in the classified service under the Kansas civil service act are increased
16  for payroll periods chargeable to fiscal years commencing after June 30,
17  1996 1998, the rate of compensation per calendar day for members of
18  the legislature for service at any regular or special session of the legislature
19  shall be increased on the first day of the first payroll period immediately
20  following the effective date of any such pay plan increase by an amount,
21  adjusted to the nearest dollar, computed by multiplying the average of
22  the percentage increases in all monthly steps of such pay plan by the rate
23  of compensation per calendar day which is authorized by this section for
24  service at any regular or special session of the legislature for the day upon
25  which such increase is computed.
26    Sec. 10. 3.  On June 15, 1997, K.S.A. 1996 Supp. 46-137b is hereby
27  amended to read as follows: 46-137b. (a) In addition to the compensation
28  provided for by K.S.A. 46-137a and 75-3212 and amendments thereto,
29  and any other statute, and except as otherwise provided by subsection
30    (b):
31    (1)  The president of the senate and the speaker of the house of rep-
32  resentatives shall each receive an allowance in the amount of $10,341 per
33  annum, payable monthly, at a biweekly pay rate of $421.94 during their
34  terms of office as speaker and president, which compensation shall be for
35  additional services performed in connection with discharging the duties
36  assigned to the respective positions;
37    (2)  the speaker pro tem of the house of representatives, the vice pres-
38  ident of the senate, the assistant majority leaders of the senate and house
39  of representatives and the assistant minority leaders of the senate and
40  house of representatives shall each receive an allowance in the amount
41  of $5,278 per annum payable monthly at a biweekly pay rate of $215.36
42  during their respective terms of office which compensation shall be for
43  additional services performed in connection with discharging the duties
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 1  assigned to the respective positions;
 2    (3)  the chairperson of the senate committee on ways and means and
 3  the chairperson of the house committee on appropriations shall each re-
 4  ceive an allowance in the amount of $8,316 per annum, payable monthly
 5  at a biweekly pay rate of $339.32 during their respective terms of office,
 6  which compensation shall be for additional services performed in con-
 7  nection with discharging the duties assigned to the respective positions;
 8  and
 9    (4)  the majority and minority leaders of the senate and the house of
10  representatives shall each receive an allowance in the amount of $9,329
11  per annum, payable monthly at a biweekly pay rate of $380.66 during
12  their respective terms of office, which compensation shall be for addi-
13  tional services performed in connection with discharging the duties as-
14  signed to the respective positions.
15    (b)   Whenever the rates of compensation of the pay plan for persons
16  in the classified service under the Kansas civil service act are increased
17  for payroll periods chargeable to fiscal years commencing after June 30,
18  1996 1998, the annual compensation biweekly pay rate of officers of the
19  legislature specified in subsection (a) shall be increased on the first day
20  of the first payroll period immediately following the effective date of any
21  such pay plan increase by an amount, adjusted to the nearest dollar, com-
22  puted by multiplying the average of the percentage increases in all
23  monthly steps of such pay plan by the annual compensation biweekly pay
24  rate of such officers as prescribed by subsection (a) or amounts computed
25  in accordance with this subsection for the day upon which such increase
26  is computed which is being received as provided by law and which is in
27  effect prior to the effective date of such pay plan increase.
28    Sec. 11. 4.  On June 15, 1997, K.S.A. 1996 Supp. 75-3101 is hereby
29  amended to read as follows: 75-3101. Except as otherwise provided in
30  K.S.A. 75-3111a and amendments thereto, the governor of the state shall
31  receive for services an annual salary of $80,335 a salary at a biweekly pay
32  rate of $3,278.10.
33    Sec. 12. 5.  On June 15, 1997, K.S.A. 1996 Supp. 75-3103 is hereby
34  amended to read as follows: 75-3103. (a) The lieutenant governor shall
35  receive, as reimbursement for expenses the following: (1) Annually Bi-
36  weekly the sum of $1,875 $72.12, and (2) when attending the duties of
37  office or attending any authorized meeting, in addition to other provisions
38  of this section, travel expenses and subsistence expenses and allowances
39  in amounts equal to those provided for by K.S.A. 75-3212 and amend-
40  ments thereto.
41    In addition to any other compensation provided by law and except as
42  otherwise provided in K.S.A. 75-3111a and amendments thereto, the lieu-
43  tenant governor shall also receive for services in the performance of duties
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 1  imposed by law compensation in the sum of $22,724 per annum at the
 2  biweekly pay rate of $927.20. While acting as governor, the lieutenant
 3  governor shall receive the same salary as the governor. The lieutenant
 4  governor may appoint an administrative assistant and office and steno-
 5  graphic employees, all of whom shall be in the unclassified service of the
 6  Kansas civil service act. Such administrative assistant shall receive travel
 7  expenses and subsistence expenses or allowances as provided by K.S.A.
 8  75-3212 and amendments thereto when traveling as authorized by the
 9  lieutenant governor.
10    (b)  If the lieutenant governor is appointed by the governor under the
11  provision of K.S.A. 75-303 and amendments thereto, the lieutenant gov-
12  ernor shall receive an annual a salary to be fixed by the governor or an
13  annual a salary as provided for in subsection (a) of this section, whichever
14  is greater.
15    Sec. 13. 6.  On June 15, 1997, K.S.A. 1996 Supp. 75-3104 is hereby
16  amended to read as follows: 75-3104. Except as otherwise provided in
17  K.S.A. 75-3111a and amendments thereto, the secretary of state shall
18  receive for services an annual salary of $62,407 a salary at a biweekly pay
19  rate of $2,546.59.
20    Sec. 14. 7.  On June 15, 1997, K.S.A. 1996 Supp. 75-3108 is hereby
21  amended to read as follows: 75-3108. Except as otherwise provided in
22  K.S.A. 75-3111a and amendments thereto, the state treasurer shall re-
23  ceive for services an annual salary of $62,407 a salary at a biweekly pay
24  rate of $2,546.59.
25    Sec. 15. 8.  On June 15, 1997, K.S.A. 1996 Supp. 75-3110 is hereby
26  amended to read as follows: 75-3110. Except as otherwise provided in
27  K.S.A. 75-3111a and amendments thereto, the attorney general shall re-
28  ceive for services an annual salary of $71,774 a salary at a biweekly pay
29  rate of $2,928.50.
30    Sec. 16. 9.  On June 15, 1997, K.S.A. 1996 Supp. 75-3111a is hereby
31  amended to read as follows: 75-3111a. Whenever the rates of compen-
32  sation of the pay plan for persons in the classified service under the Kansas
33  civil service act are increased for payroll periods chargeable to fiscal years
34  commencing after June 30, 1996 1998, the annual salary of the governor,
35  the lieutenant governor, the attorney general, the secretary of state, the
36  state treasurer and the commissioner of insurance shall be increased by
37  an amount, adjusted to the nearest dollar, computed by multiplying the
38  average of the percentage increases in all monthly steps of such pay plan
39  by the annual salary of the elected state officer which is being received
40  as provided by law and which is in effect prior to the effective date of
41  such increase in the rates of compensation of the pay plan for persons in
42  the classified service under the Kansas civil service act.
43    Sec. 17. 10.  On June 15, 1997, K.S.A. 1996 Supp. 40-102, 46-137a,
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 1  46-137b, 75-3101, 75-3103, 75-3104, 75-3108, 75-3110 and 75-3111a are
 2  hereby repealed.
 3    Sec. 18. 11.  This act shall take effect and be in force from and after
 4  its publication in the Kansas register.