Session of 1999
         
HOUSE BILL No. 2316
         
By Representatives Kuether, Flora, Hutchins, Jenkins, Kirk, Mays,
          
Nichols and Toelkes
         
2-8
          
10             AN  ACT concerning the department of corrections; relating to the re-
11             location of certain functions; concerning officers and employees af-
12             fected therefrom; prescribing certain benefits and procedures there-
13             for; amending K.S.A. 75-5542 and K.S.A. 1998 Supp. 46-233 and
14             repealing the existing sections.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             New Section  1. (a) In establishing certified pools of eligible candi-
18       dates under the Kansas civil service act, a preference shall be given to
19       each state officer or employee (1) who is in the classified service under
20       the Kansas civil service act and is employed by a unit that is closed as a
21       result of the relocation and transfer of such unit's functions, (2) who is
22       laid off from employment with such unit for the reason of such relocation
23       and transfer of such unit's functions, and (3) who remains in such em-
24       ployment until the date the officer or employee is laid off.
25             (b) To qualify for the preference established by this section, a person
26       described in subsection (a) also shall meet the requirements for the vacant
27       position. In addition to other applicable provisions of the Kansas civil
28       service act and rules and regulations and policies adopted thereunder,
29       the preference established by this section (1) shall place the person into
30       the reemployment pool, (2) shall provide an opportunity for an interview
31       for any vacant position in the same or higher pay grade than the position
32       from which the person was laid off and for which the person meets the
33       qualifications, and (3) shall grant a right of first refusal for any vacant
34       position. No state agency shall be required to interview more than seven
35       applicants for any one position. The right of first refusal shall allow the
36       person the right to accept the first position applied for by the person for
37       which the person meets the qualifications and for which the pay grade is
38       the same as or lower than the pay grade of the position from which the
39       person was laid off. The right of first refusal may be exercised only one
40       time and must be exercised with the 24 months following the date of
41       layoff.
42             (c) The secretary of administration shall give a global notice of layoff
43       to state officers and employees who are employed by a unit that is closed

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  1       as a result of the relocation and transfer of such unit's functions, up to
  2       180 days prior to such closure as a result of the relocation and transfer
  3       of such unit's functions. The global notice of layoff shall be effective for
  4       all such state officers and employees, including any state officer or em-
  5       ployee who is transferred to or employed by such unit within 180 days of
  6       the date of such closure, as a result of the relocation and transfer of such
  7       unit's functions for all purposes of layoff procedures under K.S.A. 75-
  8       2948 and amendments thereto, except each such officer or employee
  9       receiving the global notice of layoff shall also be given an individual notice
10       of layoff which specifies such officer's or employee's individual date of
11       layoff.
12             (d) The secretary of administration shall adopt rules and regulations
13       necessary to implement the provisions of this section.
14             (e) This section shall be part of and supplemental to the Kansas civil
15       service act.
16             New Sec.  2. (a) Each state officer or employee (1) who is in the
17       classified service under the Kansas civil service act and is employed by a
18       unit that is closed as a result of the relocation and transfer of such unit's
19       functions, (2) who is laid off from employment with such unit for the
20       reason of such relocation and transfer of such unit's functions, and (3)
21       who remains in such employment until the date the officer or employee
22       is laid off, may receive compensation for 20% of all accumulated hours
23       of sick leave credited to such state officer or employee as of the date of
24       layoff. Each state officer or employee, who is eligible for and who elects
25       to receive compensation for accumulated sick leave under this section,
26       shall file a written statement of election therefor which shall be in such
27       form as may be prescribed by the secretary of administration and which
28       shall include a specific waiver of any right to receive any payment for
29       accumulated sick leave under the provisions of K.S.A. 75-5517 and
30       amendments thereto. No state officer or employee, who receives com-
31       pensation for accumulated sick leave under this section, shall receive any
32       payment for accumulated sick leave under the provisions of K.S.A. 75-
33       5517 and amendments thereto. Payment for accumulated sick leave under
34       this section shall be made from the state leave payment reserve fund.
35             (b) For the purposes of retirement employee contributions and re-
36       tirement benefits, each payment of compensation for accumulated sick
37       leave under this section shall be subject to the applicable provisions of
38       the statutes governing the Kansas public employees retirement system,
39       K.S.A. 74-4901 et set., and amendments thereto.
40             (c) The secretary of administration shall adopt rules and regulations
41       necessary to implement the provisions of this section.
42             New Sec.  3. (a) Each state officer or employee (1) who is in the
43       classified service under the Kansas civil service act and is employed by a

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  1       unit that is closed as a result of the relocation and transfer of such unit's
  2       functions, (2) who is laid off from employment with such unit for the
  3       reason of such relocation and transfer of such unit's functions, and (3)
  4       who remains in such employment until the date the officer or employee
  5       is laid off, shall continue to be qualified to participate in the state health
  6       care benefits program as provided in this section.
  7             (b) In accordance with the following, each such state officer or em-
  8       ployee may participate in the state health care benefits program after
  9       being laid off for the following periods:
10             (1) For the six-month period after the date of such person's layoff,
11       during which period that portion of the cost of participation of such per-
12       son which would have been paid by the state agency if such person was
13       still a state officer or employee shall be paid as provided in subsection
14       (c); and
15             (2) for the eighteen-month period after such six-month period, dur-
16       ing which period the entire cost of participation of such person shall be
17       paid by such person.
18             (c) There is hereby established the Topeka unit relocation health in-
19       surance fund in the state treasury which shall be administered by the
20       secretary of administration. In accordance with the provisions of appro-
21       priation acts, the secretary of administration shall cause to be deposited
22       in the Topeka unit relocation health insurance fund an amount equal to
23       the full cost for six months of the employer contribution for full-time
24       single member health care insurance under the state health care benefits
25       program for each such laid off state officer and employee on the officer's
26       or employee's last day of service. Expenditures shall be made from the
27       Topeka unit relocation health insurance fund for the purpose of paying
28       the employer's portion for full-time single member health insurance un-
29       der the state health care benefits program for each such laid off state
30       officer or employee until the expiration of six months or until notified by
31       the laid off officer or employee that such officer or employee is otherwise
32       covered by health care insurance. The secretary of administration shall
33       establish a system to account for the state health insurance expenditures
34       for each such laid off state officer or employee. Upon notice that the
35       person who had been laid off is otherwise covered by health care insur-
36       ance, the balance attributed to such person shall be paid to the person
37       who had been laid off. After such six-month, any participation by such
38       person in the state health care benefits program shall be paid by such
39       person.
40             (d) Except as otherwise provided by this section, the participation of
41       each such state officer or employee in the state health care benefits pro-
42       gram shall be in accordance with the provisions of K.S.A. 75-6501 through
43       75-6513 and amendments thereto and rules and regulations and policies

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  1       adopted by the Kansas state employees health care commission. Each
  2       such state officer or employee may obtain family coverage under the state
  3       health care benefits program administered by the Kansas state employees
  4       health care commission generally in the same manner as other state of-
  5       ficers and employees and shall pay the entire cost of such family coverage.
  6             (e) Each state officer or employee (1) who is qualified as provided in
  7       subsection (a) to participate in the state health care benefits program, (2)
  8       who either attains the age of 65 years or older as of the date of such
  9       person's date of layoff or attains the age of 65 years within six months of
10       the date of such person's layoff, and (3) who elects to participate in the
11       direct bill program of the state health care benefits program, shall receive
12       reimbursement for the net difference between the cost of the full-time
13       single member health insurance under the direct bill program and the
14       actual cost of the employer contribution for the full-time single member
15       health insurance under the state health care benefits program, including
16       an amount equal to any additional amount of income and payroll taxes
17       paid by such person, as documented by such person. Each such reim-
18       bursement shall be paid from the Topeka unit relocation health insurance
19       fund.
20             New Sec.  4. (a) Each state officer or employee (1) who is in the
21       classified service under the Kansas civil service act and is employed by a
22       unit that is closed as a result of the relocation and transfer of such unit's
23       functions, (2) who is laid off from employment with such unit for the
24       reason of such relocation and transfer of such unit's functions, and (3)
25       who remains in such employment until the date the officer or employee
26       is laid off, shall be eligible for the extended death benefit plan providing
27       term life insurance under this section.
28             (b) The extended death benefit plan providing term life insurance
29       under this section shall provide a death benefit equal to 150% of the
30       annual rate of compensation of the covered state officer or employee, as
31       of the date the covered state officer or employee is laid off, for each state
32       officer or employee described in subsection (a). The extended death ben-
33       efit plan providing term life insurance under this section shall provide
34       death benefit coverage for a period of 24 months after the date the cov-
35       ered state officer or employee is laid off.
36             (c) The secretary of administration shall administer the provisions of
37       this section. The secretary of administration shall adopt rules and regu-
38       lations to implement the financing of the costs of self-administering such
39       death benefits or for contracting with a third party for administration of
40       such health benefits.
41             (d) There is hereby created in the state treasury the Topeka unit
42       relocation term life insurance fund which shall be administered by the
43       secretary of administration. All expenditures of moneys credited to the

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  1       closure term life insurance fund shall be for the provision of term life
  2       insurance under this section in accordance with appropriation acts upon
  3       warrants of the director of accounts and reports issued pursuant to vouch-
  4       ers approved by the secretary of administration or the secretary's
  5       designee.
  6             New Sec.  5. (a) The head of any state agency, as defined by K.S.A.
  7       75-3701, and amendments thereto, who hires any state officer or em-
  8       ployee who is laid off or transferred in lieu of layoff between state agen-
  9       cies, may agree to reimburse such officer's or employee's in-state moving
10       expenses in an aggregate amount of not more than $2,000, as verified by
11       receipts. No such moving expenses shall be paid when such transfer re-
12       sults in the new official duty station being less than 25 miles from the old
13       station.
14             (b) Moving expenses may include, but not be limited to, the cost of
15       packing and transporting household goods and personal effects, subsis-
16       tence expenses while en route from the old residence to the new resi-
17       dence, subsistence expenses while occupying temporary quarters in the
18       new location and the expenses of a premove trip to look for a new
19       residence.
20             (c) As used in this section, "state officer or employee" means a state
21       officer or employee (1) who is in the classified service under the Kansas
22       civil service act and is employed by a unit that is closed as a result of the
23       relocation and transfer of such unit's functions, (2) who is laid off from
24       employment with such unit for the reason of such relocation and transfer
25       of such unit's functions, and (3) who remains in such employment until
26       the date the officer or employee is laid off.
27             New Sec.  6. As used in sections 1 through 6 and amendments
28       thereto, except as otherwise specifically provided in such statutes:
29             (a) "Unit" means the reception and diagnostic unit of the department
30       of corrections located on the grounds of the Topeka correctional facility
31       in Topeka, Kansas; and
32             (b) "laid off" means, in the case of a state officer or employee in the
33       classified service under the Kansas civil service act, being laid off under
34       K.S.A. 75-2948 and amendments thereto and, in the case of a state officer
35       or employee in the unclassified service under the Kansas civil service act,
36       being terminated from employment with the state agency by the appoint-
37       ing authority, except that "laid off" shall not include any separation from
38       employment pursuant to a budget reduction or expenditure authority
39       reduction and a reduction of F.T.E. positions under K.S.A. 75-6801 and
40       amendments thereto.
41             New Sec.  7. Notwithstanding the provisions of K.S.A. 75-4321 et
42       seq., and amendments thereto, the secretary of administration may adopt,
43       amend and implement personnel rules and regulations that relate to mat-

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  1       ters covered by memoranda of agreement entered into by state agencies
  2       and public employee organizations under K.S.A. 75-4320 et seq., and
  3       amendments thereto as deemed necessary by the secretary for purposes
  4       of implementing the provisions included in sections 1 through 6 and
  5       amendments thereto. Before adopting any such rules and regulations, the
  6       secretary of administration shall give a copy of the proposed rules and
  7       regulations and a notice of meeting to each employee organization cer-
  8       tified by the public employee relations board to represent one or more
  9       units of state employees. Notwithstanding the provisions of K.S.A. 75-
10       4321 et seq., and amendments thereto, after such meeting the secretary
11       shall consider the comments from employee organizations and may there-
12       after adopt and implement the rules and regulations as proposed or re-
13       vised, subject to the approval of the governor. The notice, comment and
14       hearing requirements of K.S.A. 77-421 and amendments thereto shall
15       constitute compliance with the meet and confer requirements of K.S.A.
16       75-4321 et seq., and amendments thereto for the purposes of imple-
17       menting the provisions included in sections 1 through 7 and amendments
18       thereto.
19             Section  8. K.S.A. 1998 Supp. 46-233 is hereby amended to read as
20       follows: 46-233. (a) (1) No state officer or employee shall in the capacity
21       as such officer or employee be substantially involved in the preparation
22       of or participate in the making of a contract with any person or business
23       by which such officer or employee is employed or in whose business such
24       officer or employee or any member of such officer's or employee's im-
25       mediate family has a substantial interest and no such person or business
26       shall enter into any contract where any state officer or employee, acting
27       in such capacity, is a signatory to, has been substantially involved in the
28       preparation of or is a participant in the making of such contract and is
29       employed by such person or business or such officer or employee or any
30       member of such officer's or employee's immediate family has a substantial
31       interest in such person or business.
32             (2) Except as otherwise provided in this subsection, whenever any
33       individual has participated as a state officer or employee in the making
34       of any contract with any person or business, such individual shall not
35       accept employment with such person or business as an employee, inde-
36       pendent contractor or subcontractor until two years after performance of
37       the contract is completed or until two years after the individual terminates
38       employment as a state officer or employee, whichever is sooner. This
39       prohibition on accepting employment shall not apply in any case in which:
40       (A) A state officer or employee who participated in making a contract
41       while employed by an institution that is subsequently closed or abolished
42       or otherwise ceases operations or that has budget reductions imposed
43       that are associated with such closure and who is laid off from employment

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  1       with such institution for the reason of such closure, abolition or cessation
  2       of operations or such imposition of budget reductions; or (B) a state of-
  3       ficer or employee who participated in making a contract while employed
  4       by an institution that is scheduled to be closed or abolished or to cease
  5       operations, who is scheduled to be laid off from employment with such
  6       institution for the reason of the scheduled closure, abolition or cessation
  7       of operations, and who voluntarily terminates such employment after re-
  8       ceiving such state officer or employee's notice of the scheduled layoff;
  9       (C) a state officer or employee who participated in making a contract
10       while employed in a unit that is closed as a result of the relocation and
11       transfer of such unit's functions and who is laid off from employment with
12       such unit for the reason of relocation and transfer of such unit's functions;
13       or (D) a state officer or employee who participated in making a contract
14       while employed in a unit that is closed as a result of the relocation and
15       transfer of such unit's functions and who voluntarily terminates such em-
16       ployment after receiving such state officer's or employee's notice of the
17       scheduled layoff. As used in this subsection (a)(2), "laid off" and "layoff"
18       mean, in the case of a state officer or employee in the classified service
19       under the Kansas civil service act, being laid off under K.S.A. 75-2948,
20       and amendments thereto, and, in the case of a state officer or employee
21       in the unclassified service under the Kansas civil service act, being ter-
22       minated from employment with the state agency by the appointing au-
23       thority, except that "laid off" and "layoff" shall not include any separation
24       from employment pursuant to a budget reduction or expenditure au-
25       thority reduction and a reduction of F.T.E. positions under K.S.A. 75-
26       6801, and amendments thereto; and "institution" means Topeka state
27       hospital or Winfield state hospital and training center; and "unit" means
28       the reception and diagnostic unit of the department of corrections located
29       on the grounds of the Topeka correctional facility in Topeka, Kansas.
30             (b) No individual shall, while a legislator or within one year after the
31       expiration of a term as legislator, be interested pecuniarily, either directly
32       or indirectly, in any contract with the state, which contract is funded in
33       whole or in part by any appropriation or is authorized by any law passed
34       during such term, except that the prohibition of this subsection (b) shall
35       not apply to any contract interest in relation to which a disclosure state-
36       ment is filed as provided by K.S.A. 46-239, and amendments thereto.
37             (c) No individual, while a legislator or within one year after the ex-
38       piration of a term as a legislator, shall represent any person in a court
39       proceeding attacking any legislative action taken or enactment made dur-
40       ing any term such individual served as a legislator as being unconstitu-
41       tional because of error in the legislative process with respect to such
42       action or enactment unless such legislator voted no upon the enactment
43       of the measure and declared on the record, during such term, that such

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  1       legislation was unconstitutional. The prohibition of this subsection (c)
  2       shall not apply to a current or former legislator charged with a violation
  3       of such legislative action or enactment.
  4             (d) Subsections (a) and (b) shall not apply to the following:
  5             (1) Contracts let after competitive bidding has been advertised for by
  6       published notice; and
  7             (2) Contracts for property or services for which the price or rate is
  8       fixed by law.
  9             (e) When used in this section:
10             (1) "Substantial interest" shall have the same meaning ascribed
11       thereto by K.S.A. 46-229, and amendments thereto, and any such interest
12       held within the preceding 12 months of the act or event of participating
13       in the preparation of making a contract.
14             (2) "Substantially involved in the preparation or participate in the
15       making of a contract" means having approved or disapproved a contract
16       or having provided significant factual or specific information or advice or
17       recommendations in relation to the negotiated terms of the contract.
18             Sec.  9. K.S.A. 75-5542 is hereby amended to read as follows: 75-
19       5542. (a) As used in K.S.A. 75-5542 to 75-5545, inclusive, and amend-
20       ments thereto, "state agency" means the state, or any department or
21       agency of the state, but not including the Kansas turnpike authority, the
22       council on vocational education or any political subdivision of the state.
23             (b) For the purposes of providing for the payment of compensation
24       for accumulated sick and vacation leave on retirement from state service
25       arising on and after July 1, 1994, and for the payment of accumulated
26       hours of sick leave upon being laid off from state service as provided
27       under K.S.A. 75-4371 and amendments thereto and under section 2 and
28       amendments thereto arising on and after July 1, 1996, there is hereby
29       established the state leave payment reserve fund in the state treasury.
30             (c) The state leave payment reserve fund shall be liable to pay com-
31       pensation for accumulated sick and vacation leave on retirement from
32       state service arising on and after July 1, 1994, and for the payment of
33       accumulated hours of sick leave upon being laid off from state service as
34       provided under K.S.A. 75-4371 and amendments thereto and under sec-
35       tion 2 and amendments thereto arising on and after July 1, 1996. To this
36       end and for the purposes of K.S.A. 75-5542 to 75-5545, inclusive, and
37       K.S.A. 75-4371, and amendments thereto, and under section 2 and
38       amendments thereto all state agencies are hereby deemed to be a single
39       employer whose liabilities specified in subsection (b) are hereby imposed
40       upon the state leave payment reserve fund.
41             (d) The secretary of administration shall administer the state leave
42       payment reserve fund and all payments from such fund shall be upon
43       warrants of the director of accounts and reports issued pursuant to the

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  1       system of payroll accounting formulated under K.S.A. 75-5501 et seq.,
  2       and amendments thereto, or pursuant to K.S.A. 75-5540 and amendments
  3       thereto. The director of accounts and reports may issue warrants pursuant
  4       to vouchers approved by the secretary for payments from the state leave
  5       payment reserve fund notwithstanding the fact that claims for such pay-
  6       ments were not submitted or processed for payment from money appro-
  7       priated for the fiscal year in which the state leave payment reserve fund
  8       first became liable to make such payments.
  9             (e) The secretary of administration shall remit all moneys received by
10       or for the secretary in the capacity as administrator of the state leave
11       payment reserve fund, to the state treasurer. Upon receipt of any such
12       remittance the state treasurer shall deposit the entire amount thereof in
13       the state treasury to the credit of the state leave payment reserve fund.
14             (f) In the computation of accumulated vacation leave, time served as
15       an elected official in an elected position for which vacation leave is not
16       credited shall not be credited to length of service for employees who are
17       appointed to the classified or unclassified service in the executive branch
18       of state government. 
19       Sec.  10. K.S.A. 75-5542 and K.S.A. 1998 Supp. 46-233 are hereby
20       repealed.
21        Sec.  11. This act shall take effect and be in force from and after its
22       publication in the statute book.