[As Amended by House Committee of the Whole]

         
As Amended by House Committee
         
Session of 1999
         
HOUSE BILL No. 2481
         
By Committee on Taxation
         
2-11
         

12             AN  ACT concerning state employees; authorizing the establishment and
13             implementation of pilot programs related to the civil service.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. (a) The director of personnel services may develop plans
17       for pilot projects within the state employee workforce. A pilot project
18       is a temporary project conducted for the purpose of determining
19       whether a specified change in human resource management policies or
20       procedures or a new human resources program would result in improved
21       statewide human resource management and whether that change is
22       fiscally responsible. A request to develop a plan may be submitted
23       to the director of personnel services by any state agency. Such
24       plans shall be limited in scope by the provisions of the Kansas civil
25       service act and any statute directly related to the administration
26       of the Kansas civil service act. The plan shall describe the primary
27       elements of the proposed pilot project which shall include:
28             (1) The purpose and duration of the project with the duration not
29       to exceed three years;
30             (2) the potential impact of the project;
31             (3) performance outcomes expected;
32             (3) (4) the criteria and methodology by which the effectiveness of the
33       project will be evaluated;
34             (4) (5) the anticipated fiscal impact of the project;
35             (5) (6) a description of the state agency or agencies and the group or
36       groups of state employees to be included in the project; and with no
37       more than 5% of the state employees covered by the Kansas civil
38       service act to be included in pilot projects with the same purpose
39       and subject matter;
40             (7) a description of the means by which state employees will
41       be involved in the development[, implementation] and evaluation
42       of the pilot project; and
43             (6) (8) a specific delineation of any provisions of personnel rules and


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  1       regulations or laws relating to state agencies and state employees provi-
  2       sions of the Kansas civil service act and any statute directly related
  3       to the administration of the Kansas civil service act that are to be
  4       suspended with respect to participants in the project.
  5             (b) No pilot project regarding performance based pay shall be
  6       authorized.
  7             (b) (c) The director of personnel services shall submit the plan for a
  8       pilot project to the secretary of administration for review. The secretary
  9       may approve the pilot project, modify and approve the pilot project, or
10       reject the pilot project. Each plan that is approved or modified and ap-
11       proved by the secretary shall be submitted to the governor.
12             (c) (d) The governor may authorize implementation of the pilot pro-
13       ject plan by issuing an executive directive. The executive directive may
14       place additional limitations or conditions on implementation of the pilot
15       project as the governor deems advisable. The executive directive shall
16       stipulate any provisions of personnel rules and regulations or laws relating
17       to state agencies and state employees provisions of the Kansas civil
18       service act and any statute directly related to the administration
19       of the Kansas civil service act that are suspended for participants in
20       the pilot project. Such a suspension of provisions of rules and regulations
21       or laws shall be effective only for pilot project participants and only for
22       the duration of the pilot project.
23             (d) (e)  (1) No pilot project shall suspend the provisions of any of the
24       following laws:
25             (A) K.S.A. 75-2925, subsection (g) of 75-2926, 75-2941 or subsection
26       (a) of 75-2949, and amendments thereto, or any other statute or rule and
27       regulation that prohibits discrimination in personnel administration ac-
28       tions; or (B) K.S.A. 75-2949, and amendments thereto, or any other stat-
29       ute or rule and regulation relating to the appeal of a suspension, demotion
30       or dismissal to the civil service board.
31             (2) Nothing in this section shall affect any rights of employees in-
32       cluded within pilot projects, except those rights explicitly identified in the
33       pilot project.
34             (3) Suspension of any rule and regulation or law pursuant to
35       this statute shall not be in conflict with any applicable federal stat-
36       utes or regulation.
37             (e) (f) A copy of each executive directive authorizing implementation
38       of a pilot project shall be submitted to the president of the Kansas senate
39       and the speaker of the Kansas house of representatives.
40        [(g) At the beginning of each regular session of the legislature,
41       the director of personnel services shall submit a written report to
42       each member of the legislature and to the governor describing
43       each pilot project initiated or conducted under authority of this


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  1       section during the preceding twelve-month period. The report
  2       shall include descriptions of the primary elements of each pilot
  3       project and the progress and results of such pilot project as of the
  4       date of the report.]
  5        Sec.  2. This act shall take effect and be in force from and after its
  6       publication in the statute book.