[As Amended by House on Final Action]

         
As Amended by House Committee

         
         
[As Amended by Senate on Final Action]
         
Session of 1999
         
SENATE BILL No. 352
         
By Committee on Ways and Means
         
3-15
         

13             AN ACT concerning salaries and compensation for state officers and em-
14             ployees; amending K.S.A. [75-5537 and K.S.A.] 1998 Supp. 40-102,
15             46-137a, 46-137b, 75-3101, 75-3103, 75-3104, 75-3108, 75-3110 and
16             75-3111a and repealing the existing sections.
17      
18       Be it enacted by the Legislature of the State of Kansas:
19        New Section 1. (a) The governor is hereby authorized and directed to
20       modify the pay plan adopted for fiscal year 1999 in accordance with this
21       subsection and to adopt such pay plan as so modified. The existing pay
22       plan for fiscal year 1999 shall be modified to provide for an increase of
23       1% in the pay rates of such pay plan. The pay plan adopted by the gov-
24       ernor under this subsection shall be the pay plan for the classified service
25       under the Kansas civil service act and shall be effective on the first day
26       of the first biweekly payroll period which is chargeable to the fiscal year
27       ending June 30, 2000. Such pay plan shall be subject to modification and
28       approval as provided under K.S.A. 75-2938 and amendments thereto and
29       to any enactment of the legislature applicable thereto.
30        (b) There is hereby appropriated from the state general fund for the
31       state finance council, for the fiscal year ending June 30, 2000, the sum of
32       $29,100,609 to be used for the purpose of paying the proportionate share
33       of the cost to the state general fund of: (1) The salary increases which are
34       provided for by adoption of the pay plan under subsection (a) for state
35       officers and employees in the classified service under the Kansas civil
36       service act; (2) the salary increases which are provided for step move-
37       ments of the pay plan for state officers and employees in the classified
38       service under the Kansas civil service act; (3) the salary increases for state
39       officers and employees in the unclassified service under the Kansas civil
40       service act which are provided for in subsection (a)(1) and subsection
41       (a)(2) of section 2; (4) the salary increases for the governor, lieutenant
42       governor, secretary of state, state treasurer, commissioner of insurance

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  1       and attorney general; and (5) longevity bonus payments under K.S.A. 75-
  2       5541 and amendments thereto for state officers and employees in the
  3       classified service under the Kansas civil service act and of longevity bonus
  4       payments, which shall each be a bonus as defined by 29 C.F.R. 778.208,
  5       for state officers and employees in the unclassified service under the
  6       Kansas civil service act of agencies in the executive branch of state gov-
  7       ernment. Nothing in this section shall be construed to require the pay-
  8       ment of longevity bonuses for state officers and employees in the unclas-
  9       sified service under the Kansas civil service act of agencies in the
10       executive branch of state government.
11        (c) To pay the proportionate share of the cost to the state general fund
12       of each state agency for the salary increases and longevity bonus payments
13       under subsection (b), including associated employer contributions, upon
14       recommendation of the director of the budget, the state finance council,
15       acting on this matter which is hereby characterized as a matter of legis-
16       lative delegation and subject to the guidelines prescribed in subsection
17       (c) of K.S.A. 75-3711c and amendments thereto, except paragraph (3) of
18       such subsection (c), is hereby authorized and directed to approve the
19       transfer of moneys from the appropriation under subsection (b) to the
20       proper accounts created by state general fund appropriations for the fiscal
21       year ending June 30, 2000.
22        (d) Upon recommendation of the director of the budget, the state fi-
23       nance council, acting on this matter which is hereby characterized as a
24       matter of legislative delegation and subject to the guidelines prescribed
25       in subsection (c) of K.S.A. 75-3711c and amendments thereto, except
26       paragraph (3) of such subsection (c), is hereby authorized to approve
27       increases in expenditure limitations on special revenue funds and ac-
28       counts established for the fiscal year ending June 30, 2000, for the pur-
29       pose of paying from such funds or accounts the proportionate share of
30       the cost to such funds or accounts, including associated employer contri-
31       butions, of the salary increases and longevity bonus payments under sub-
32       section (b).
33        (e) Each state agency of the executive branch of state government shall
34       prepare and submit a budget estimate for such salary increases and lon-
35       gevity bonus payments under subsection (b), and all amendments and
36       revisions of such estimates, to the director of the budget on forms pre-
37       scribed by the director of the budget. At the same time as each state
38       agency submits such estimate, and all amendments and revisions thereof,
39       each state agency shall submit a copy of such estimate, and all amend-
40       ments and revisions thereof, directly to the legislative research
41       department.
42        New Sec. 2. (a) (b) (1) The governor is hereby authorized and directed
43       to modify or authorize the modification of the salaries of state officers

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  1       and employees who are in the unclassified service under the Kansas civil
  2       service act and whose salaries are subject to approval by the governor
  3       under K.S.A. 75-2935b or 75-2935c and amendments thereto or under
  4       any other statute to provide for base salary increases, to be effective on
  5       the first day of the first biweekly payroll period which is chargeable to
  6       the fiscal year ending June 30, 2000, and to be distributed on a merit
  7       basis from a merit salary increase pool, the average of such increases shall
  8       not exceed 3.5% of the base salaries of such officers and employees.
  9        (2) Each elected state official of the executive branch of state govern-
10       ment, including the state board of education, the state board of regents,
11       the board of trustees of the Kansas public employees retirement system,
12       Kansas, Inc., [and] the board of directors of Kansas technology enterprise
13       corporation and the board of directors of the corporation for change, in
14       such official, agency or board's discretion, are hereby authorized and di-
15       rected to modify or to authorize the modification of the salaries of the
16       state officers and employees of such official, agency or board who are in
17       the unclassified service under the Kansas civil service act and whose sal-
18       aries are not subject to approval by the governor under K.S.A. 75-2935b
19       or 75-2935c and amendments thereto or any other statute to provide for
20       base salary increases to be effective on the first day of the first biweekly
21       payroll period which is chargeable to the fiscal year ending June 30, 2000,
22       and to be distributed on a merit basis from a merit salary increase pool,
23       the average of such increases shall not exceed 3.5% of the base salaries
24       of such officers and employees of such official agency or board.
25        (b) (c) The provisions of subsection (a)(2) shall not authorize or provide
26       any salary increase for the governor, lieutenant governor, secretary of
27       state, state treasurer, commissioner of insurance, attorney general, or to
28       any member of any state board, commission, council or committee re-
29       ceiving per diem compensation as provided by statute.
30        Sec. 3.
31      
LEGISLATIVE COORDINATING COUNCIL
32        (a) There is appropriated for the above agency from the state general
33       fund for the fiscal year ending June 30, 2000, the following:
34       Legislative coordinating council--operations $25,629
35       Legislative research department--operations $92,577
36       Office of the revisor of statutes--operations $67,400
37        Sec. 4.
38      
LEGISLATURE
39        (a) There is appropriated for the above agency from the state general
40       fund for the fiscal year ending June 30, 2000, the following:
41       Operations (including official hospitality) $202,468
42        Sec. 5.
43      
DIVISION OF POST AUDIT

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  1        (a) There is appropriated for the above agency from the state general
  2       fund for the fiscal year ending June 30, 2000, the following:
3       Operations (including legislative post audit committee) $42,830
  4        Sec. 6.
  5      
JUDICIAL COUNCIL
  6        (a) There is appropriated for the above agency from the state general
  7       fund for the fiscal year ending June 30, 2000, the following:
8       Operating expenditures $8,264 [$7,824]
  9        Sec. 7.
10      
JUDICIAL BRANCH
11        (a) There is appropriated for the above agency from the state general
12       fund for the fiscal year ending June 30, 2000, the following:
13       Judiciary operations $2,945,729 [$2,857,933]
14        Sec. 8. 2. K.S.A. 1998 Supp. 40-102 is hereby amended to read as
15       follows: 40-102. There is hereby established a department to be known
16       as the insurance department, which shall have a chief officer entitled the
17       commissioner of insurance who shall receive, except as otherwise pro-
18       vided in K.S.A. 75-3111a and amendments thereto, a salary at a biweekly
19       pay rate of $2,648.45 $2,741.15, and such officer shall be charged with
20       the administration of all laws relating to insurance, insurance companies
21       and fraternal benefit societies doing business in this state, and all other
22       duties which are or may be imposed upon such officer by law.
23        Sec. 9. 3. K.S.A. 1998 Supp. 46-137a is hereby amended to read as
24       follows: 46-137a. In addition to the compensation provided for by K.S.A.
25       46-137b, 46-137e and 75-3212 and amendments thereto, each member
26       of the legislature shall receive the following amounts:
27        (a) The sum of $72.06 $74.58 per calendar day for service at any regular
28       or special session, except as otherwise provided in subsection (e);
29        (b) the sum of $80 per calendar day for subsistence allowance for any
30       regular or special session of the legislature, except that if the amounts
31       allowable for the capital city of Kansas under applicable federal law and
32       regulations to employees of the executive branch of the federal govern-
33       ment for per diem expenses, while away from home but serving in the
34       United States, are amounts which total greater than $80, then each mem-
35       ber of the legislature shall receive such greater total amount per calendar
36       day for subsistence allowance for any regular or special session of the
37       legislature;
38        (c) an allowance of $270 for the two-week period which coincides with
39       the first biweekly payroll period commencing in April and for each of the
40       19 ensuing two-week periods thereafter, to defray expenses incurred be-
41       tween sessions of the legislature for postage, telephone, office and other
42       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 in
15       the classified service under the Kansas civil service act are increased for
16       payroll periods chargeable to fiscal years commencing after June 30, 1999
17       2000, the rate of compensation per calendar day for members of the
18       legislature for service at any regular or special session of the legislature
19       shall be increased on the effective date of any such pay plan increase by
20       an amount computed by multiplying the average of the percentage in-
21       creases in all steps of such pay plan by the rate of compensation per
22       calendar day which is authorized by this section for service at any regular
23       or special session of the legislature for the day upon which such increase
24       is computed.
25        Sec. 10. 4. K.S.A. 1998 Supp. 46-137b is hereby amended to read as
26       follows: 46-137b. (a) In addition to the compensation provided for by
27       K.S.A. 46-137a and 75-3212 and amendments thereto, and any other stat-
28       ute, and except as otherwise provided by subsection (b):
29        (1) The president of the senate and the speaker of the house of rep-
30       resentatives shall each receive an allowance at a biweekly pay rate of
31       $438.82 $454.18 during their terms of office as speaker and president,
32       which compensation shall be for additional services performed in con-
33       nection with discharging the duties assigned to the respective positions;
34        (2) the speaker pro tem of the house of representatives, the vice pres-
35       ident of the senate, the assistant majority leaders of the senate and house
36       of representatives and the assistant minority leaders of the senate and
37       house of representatives shall each receive an allowance at a biweekly pay
38       rate of $223.97 $231.81 during their respective terms of office which
39       compensation shall be for additional services performed in connection
40       with discharging the duties assigned to the respective positions;
41        (3) the chairperson of the senate committee on ways and means and
42       the chairperson of the house committee on appropriations shall each re-
43       ceive an allowance at a biweekly pay rate of $352.89 $365.24 during their

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  1       respective terms of office, which compensation shall be for additional
  2       services performed in connection with discharging the duties assigned to
  3       the respective positions; and
  4        (4) the majority and minority leaders of the senate and the house of
  5       representatives shall each receive an allowance at a biweekly pay rate of
  6       $395.89 $409.75 during their respective terms of office, which compen-
  7       sation shall be for additional services performed in connection with dis-
  8       charging the duties assigned to the respective positions.
  9        (b) Whenever the rates of compensation of the pay plan for persons in
10       the classified service under the Kansas civil service act are increased for
11       payroll periods chargeable to fiscal years commencing after June 30, 1999
12       2000, the biweekly pay rate of officers of the legislature specified in sub-
13       section (a) shall be increased on the effective date of any such pay plan
14       increase by an amount computed by multiplying the average of the per-
15       centage increases in all steps of such pay plan by the biweekly pay rate
16       of such officers which is being received as provided by law and which is
17       in effect prior to the effective date of such pay plan increase.
18        Sec. 11. 5. K.S.A. 1998 Supp. 75-3101 is hereby amended to read as
19       follows: 75-3101. Except as otherwise provided in K.S.A. 75-3111a and
20       amendments thereto, the governor of the state shall receive for services
21       a salary at a biweekly pay rate of $3,409.22 $3,528.54.
22        Sec. 12. 6. K.S.A. 1998 Supp. 75-3103 is hereby amended to read as
23       follows: 75-3103. (a) The lieutenant governor shall receive, as reimburse-
24       ment for expenses the following: (1) Biweekly the sum of $72.12, and (2)
25       when attending the duties of office or attending any authorized meeting,
26       in addition to other provisions of this section, travel expenses and subsis-
27       tence expenses and allowances in amounts equal to those provided for by
28       K.S.A. 75-3212 and amendments thereto.
29        In addition to any other compensation provided by law and except as
30       otherwise provided in K.S.A. 75-3111a and amendments thereto, the lieu-
31       tenant governor shall also receive for services in the performance of duties
32       imposed by law compensation at the biweekly pay rate of $964.29
33       $998.04. While acting as governor, the lieutenant governor shall receive
34       the same salary as the governor. The lieutenant governor may appoint an
35       administrative assistant and office and stenographic employees, all of
36       whom shall be in the unclassified service of the Kansas civil service act.
37       Such administrative assistant shall receive travel expenses and subsistence
38       expenses or allowances as provided by K.S.A. 75-3212 and amendments
39       thereto when traveling as authorized by the lieutenant governor.
40        (b) If the lieutenant governor is appointed by the governor under the
41       provision of K.S.A. 75-303 and amendments thereto, the lieutenant gov-
42       ernor shall receive a salary to be fixed by the governor or a salary as
43       provided for in subsection (a) of this section, whichever is greater.

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  1        Sec. 13. 7. K.S.A. 1998 Supp. 75-3104 is hereby amended to read as
  2       follows: 75-3104. Except as otherwise provided in K.S.A. 75-3111a and
  3       amendments thereto, the secretary of state shall receive for services a
  4       salary at a biweekly pay rate of $2,648.45 $2,741.15.
  5        Sec. 14. 8. K.S.A. 1998 Supp. 75-3108 is hereby amended to read as
  6       follows: 75-3108. Except as otherwise provided in K.S.A. 75-3111a and
  7       amendments thereto, the state treasurer shall receive for services a salary
  8       at a biweekly pay rate of $2,648.45 $2,741.15.
  9        Sec. 15. 9. K.S.A. 1998 Supp. 75-3110 is hereby amended to read as
10       follows: 75-3110. Except as otherwise provided in K.S.A. 75-3111a and
11       amendments thereto, the attorney general shall receive for services a
12       salary at a biweekly pay rate of $3,045.64 $3,152.24.
13        Sec. 16. 10. K.S.A. 1998 Supp. 75-3111a is hereby amended to read as
14       follows: 75-3111a. Whenever the rates of compensation of the pay plan
15       for persons in the classified service under the Kansas civil service act are
16       increased for payroll periods chargeable to fiscal years commencing after
17       June 30, 1999 2000, the salary of the governor, the lieutenant governor,
18       the attorney general, the secretary of state, the state treasurer and the
19       commissioner of insurance shall be increased by an amount computed by
20       multiplying the average of the percentage increases in all steps of such
21       pay plan by the salary of the elected state officer which is being received
22       as provided by law and which is in effect prior to the effective date of
23       such increase in the rates of compensation of the pay plan for persons in
24       the classified service under the Kansas civil service act.
25        [Sec.  11. K.S.A. 75-5537 is hereby amended to read as follows:
26       75-5537. (a) Except as otherwise required by federal law or by the
27       provisions of this section, after December 31, 1994 June 13, 1999, any
28       rule and regulation relating to overtime compensation for state
29       employees adopted by the secretary of administration shall pro-
30       vide that only hours actually worked may be considered in deter-
31       mining whether overtime compensation is due and the amount of
32       overtime compensation due, whether in the form of overtime pay
33       or compensatory time off in lieu of overtime pay. After December
34       31, 1994 June 13, 1999, to the extent that any rule and regulation
35       previously adopted by the secretary of administration prior to the
36       effective date of this act contains a provision contrary to this section,
37       that portion of the rule and regulation, and documents pertaining
38       to such portion of the rule and regulation, shall have no effect and
39       shall not be enforced.
40             [(b) Each official state holiday which occurs within a regularly sched-
41       uled workweek shall be counted as time worked in determining the
42       amount of overtime work for state employees.]
43        Sec. 17. 11. [12.] K.S.A. [75-5537 and K.S.A.] 1998 Supp. 40-102,

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  1       46-137a, 46-137b, 75-3101, 75-3103, 75-3104, 75-3108, 75-3110 and 75-
  2       3111a are hereby repealed.
  3        Sec. 18. 12. [13.] This act shall take effect and be in force from and
  4       after its publication in the Kansas register.
  5