Session of 2000
         
HOUSE BILL No. 2720
         
By Committee on Federal and State Affairs
         
1-26
         
  9             AN  ACT concerning compensation of members of the legislature; pro-
10             viding for such compensation to be determined; prescribing certain
11             procedures; amending K.S.A. 74-4995, 75-3212 and 75-3223 and
12             K.S.A. 1999 Supp. 46-137a, 46-137b and 46-3101 and repealing the
13             existing sections.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 1999 Supp. 46-137a is hereby amended to read as
17       follows: 46-137a. In addition to the compensation provided for by K.S.A.
18       46-137b, 46-137e and 75-3212 and amendments thereto, each member
19       of the legislature shall receive the following amounts:
20             (a) The sum of $72.06 per calendar day or the sum per calendar day
21       established in accordance with subsection (d) of K.S.A. 1999 Supp. 46-
22       3101 and amendments thereto, if a sum per calendar day has been estab-
23       lished in accordance with that statute and is in effect, for service at any
24       regular or special session, except as otherwise provided in subsection (e);
25             (b) the sum of $80 per calendar day or the sum per calendar day
26       established in accordance with subsection (d) of K.S.A. 1999 Supp. 46-
27       3101 and amendments thereto, if a sum per calendar day has been estab-
28       lished in accordance with that statute and is in effect, for subsistence
29       allowance for any regular or special session of the legislature, except that
30       if the amounts allowable for the capital city of Kansas under applicable
31       federal law and regulations to employees of the executive branch of the
32       federal government for per diem expenses, while away from home but
33       serving in the United States, are amounts which total greater than $80,
34       or the sum per calendar day established in accordance with subsection
35       (d) of K.S.A. 1999 Supp. 46-3101 and amendments thereto, if a sum per
36       calendar day has been established therefor in accordance with that statute
37       and is in effect, then each member of the legislature shall receive such
38       greater total amount per calendar day for subsistence allowance for any
39       regular or special session of the legislature;
40             (c) an allowance of $270 for the two-week period which coincides
41       with the first biweekly payroll period commencing in April and for each
42       of the 19 ensuing two-week periods thereafter, or the allowance for each
43       of such two-week periods established in accordance with subsection (d)


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  1       of K.S.A. 1999 Supp. 46-3101 and amendments thereto, if an allowance
  2       for such two-week periods has been established in accordance with that
  3       statute and is in effect, to defray expenses incurred between sessions of
  4       the legislature for postage, telephone, office and other incidental
  5       expenses;
  6             (d) an allowance for mileage in an amount equal to the rate per mile
  7       prescribed under the provisions of K.S.A. 75-3203a and amendments
  8       thereto or the allowance for mileage established in accordance with sub-
  9       section (d) of K.S.A. 1999 Supp. 46-3101 and amendments thereto, if the
10       allowance for mileage has been established in accordance with that statute
11       and is in effect, multiplied by the number of miles traveled by the usual
12       route in going to and returning from the member's place of residence for
13       any regular or special session of the legislature. Such mileage allowances
14       shall be paid for not to exceed the equivalent of one trip for each full
15       week occurring between convening and adjournment sine die in any reg-
16       ular or special session. The mileage allowance provided under the pro-
17       visions of this subsection shall not be subject to the restrictions relating
18       to the use of vehicles prescribed by K.S.A. 75-3203 and 75-3203a and
19       amendments thereto but shall only be allowed for trips actually made.
20             Compensation and subsistence allowance shall not be allowed under
21       the provisions of subsections (a) and (b) of this section during any period
22       in which the legislature is adjourned for more than two days, Sundays
23       excepted; and
24             (e) whenever the rates of compensation of the pay plan for persons
25       in the classified service under the Kansas civil service act are increased
26       for payroll periods chargeable to fiscal years commencing after June 30,
27       1999, the rate of compensation per calendar day for members of the
28       legislature for service at any regular or special session of the legislature
29       authorized under subsection (a) shall be increased on the effective date
30       of any such pay plan increase by an amount computed by multiplying the
31       average of the percentage increases in all steps of such pay plan by the
32       rate of compensation per calendar day which is authorized by under this
33       section for service at any regular or special session of the legislature for
34       the day upon which such increase is computed.
35             Sec.  2. K.S.A. 1999 Supp. 46-137b is hereby amended to read as
36       follows: 46-137b. (a) In addition to the compensation provided for by
37       K.S.A. 46-137a and 75-3212 and amendments thereto, and any other stat-
38       ute, and except as otherwise provided by subsection (b):
39             (1) The president of the senate and the speaker of the house of rep-
40       resentatives shall each receive an allowance at a biweekly pay rate of
41       $438.82 or the allowance at a biweekly pay rate established in accordance
42       with subsection (d) of K.S.A. 1999 Supp. 46-3101 and amendments
43       thereto, if a biweekly allowance has been established in accordance with


3

  1       that statute and is in effect, during their terms of office as speaker and
  2       president, which compensation shall be for additional services performed
  3       in connection with discharging the duties assigned to the respective
  4       positions;
  5             (2) the speaker pro tem of the house of representatives, the vice pres-
  6       ident of the senate, the assistant majority leaders of the senate and house
  7       of representatives and the assistant minority leaders of the senate and
  8       house of representatives shall each receive an allowance at a biweekly pay
  9       rate of $223.97 or the allowance at a biweekly pay rate established in
10       accordance with subsection (d) of K.S.A. 1999 Supp. 46-3101 and amend-
11       ments thereto, if a biweekly allowance has been established in accordance
12       with that statute and is in effect, during their respective terms of office
13       which compensation shall be for additional services performed in con-
14       nection with discharging the duties assigned to the respective positions;
15             (3) the chairperson of the senate committee on ways and means and
16       the chairperson of the house committee on appropriations shall each re-
17       ceive an allowance at a biweekly pay rate of $352.89 or the allowance at
18       a biweekly pay rate established in accordance with subsection (d) of K.S.A.
19       1999 Supp. 46-3101 and amendments thereto, if a biweekly allowance has
20       been established in accordance with that statute and is in effect, during
21       their respective terms of office, which compensation shall be for addi-
22       tional services performed in connection with discharging the duties as-
23       signed to the respective positions; and
24             (4) the majority and minority leaders of the senate and the house of
25       representatives shall each receive an allowance at a biweekly pay rate of
26       $395.89 or the allowance at a biweekly pay rate established in accordance
27       with subsection (d) of K.S.A. 1999 Supp. 46-3101 and amendments
28       thereto, if a biweekly allowance has been established in accordance with
29       that statute and is in effect, during their respective terms of office, which
30       compensation shall be for additional services performed in connection
31       with discharging the duties assigned to the respective positions.
32             (b) Whenever the rates of compensation of the pay plan for persons
33       in the classified service under the Kansas civil service act are increased
34       for payroll periods chargeable to fiscal years commencing after June 30,
35       1999, the biweekly pay rate of officers of the legislature specified in au-
36       thorized under subsection (a) shall be increased on the effective date of
37       any such pay plan increase by an amount computed by multiplying the
38       average of the percentage increases in all steps of such pay plan by the
39       biweekly pay rate of such officers which is being received as provided by
40       law and which is in effect prior to the effective date of such pay plan
41       increase.
42             Sec.  3. K.S.A. 1999 Supp. 46-3101 is hereby amended to read as
43       follows: 46-3101. (a) There is hereby created the compensation commis-


4

  1       sion, hereinafter hereafter referred to in this section as the commission,
  2       which shall consist of seven members as follows: One member appointed
  3       by the president of the senate, one member appointed by the speaker of
  4       the house of representatives, one member appointed by the majority
  5       leader of the senate, one member appointed by the majority leader of
  6       the house of representatives, one member appointed by the minority
  7       leader of the senate, one member appointed by the minority leader of
  8       the house of representatives and one member appointed by the governor.
  9       No one may be appointed to the commission who is a registered lobbyist,
10       who is a member of the legislature or who has been a member of the
11       legislature within two years previous to the date of appointment to the
12       commission.
13             (b) Of the members of the commission first to be appointed, the
14       member appointed by the president of the senate shall be appointed for
15       a term of four years, the member appointed by the speaker of the house
16       of representatives shall be appointed for a term of four years, the member
17       appointed by the majority leader of the senate shall be appointed for a
18       term of two years, the member appointed by the majority leader of the
19       house of representatives shall be appointed for a term of two years, the
20       member appointed by the minority leader of the senate shall be appointed
21       for a term of two years, the member appointed by the minority leader of
22       the house of representatives shall be appointed for a term of two years
23       and the member appointed by the governor shall be appointed for a term
24       of four years, all terms to commence July 1, 1998. Thereafter, all members
25       of the commission shall be appointed for a four-year term, commencing
26       July 1. Vacancies shall be filled in the same manner as the original ap-
27       pointments and for the remainder of the unexpired term.
28             (c) The member appointed by the governor shall serve as chairperson
29       of the commission. The commission shall meet on call of the chairperson
30       or on the request of four members of the commission. Four members of
31       the commission shall constitute a quorum. All actions of the commission
32       shall be taken by a majority of all members of the commission.
33             (d) It shall be the duty of the commission to make a study of the
34       compensation, retirement benefits and expense allowances and reim-
35       bursements, hereinafter hereafter collectively referred to in this section
36       as remuneration, of the members of the legislature. The commission shall
37       meet during the even-numbered years and shall submit a report to the
38       legislative coordinating council for the legislature and to the governor on
39       or before December 1 of each even-numbered year making recommen-
40       dations as the commission deems appropriate concerning and establishing
41       the rates of such remuneration. If the recommendations of the commis-
42       sion contained in such report require legislation to implement, a bill shall
43       be introduced at the commencement of the next legislative session to


5

  1       carry out such recommendations. If the bill recommends increasing or
  2       decreasing such remuneration, the bill to become effective shall be en-
  3       acted by the legislature on or before February 1 of the odd-numbered
  4       year in which the bill is introduced. The rates of such remuneration in
  5       such report shall be effective on and after the next ensuing July 1 and
  6       shall have the force and effect of law unless the senate or the house of
  7       representatives rejects such rates of remuneration by resolution adopted
  8       prior to the February 2 occurring during the first regular legislative ses-
  9       sion commencing after the report is submitted. If the senate or the house
10       of representatives rejects such rates of remuneration by resolution adopted
11       prior to such February 2, then the current rates of such remuneration of
12       members of the legislature shall continue in effect as previously provided
13       by or determined according to law.
14             (e) The staff of the office of the revisor of statutes, the legislative
15       research department and the division of legislative administrative services
16       shall provide such assistance as may be requested by the commission and
17       authorized by the legislative coordinating council.
18             (f) The members of the commission attending meetings of such com-
19       mission, or attending a subcommittee meeting thereof authorized by such
20       commission, shall be paid compensation, subsistence allowances, mileage
21       and other expenses as provided in K.S.A. 75-3223, and amendments
22       thereto from appropriations for operations of the legislature upon vouch-
23       ers approved by the chairperson of the commission or a person or persons
24       designated by the chairperson.
25             Sec.  4. K.S.A. 74-4995 is hereby amended to read as follows: 74-
26       4995. (1) Employer and employee contributions shall be governed by the
27       provisions of K.S.A. 74-4919 and 74-4920 and amendments thereto. For
28       purposes of contributions to and benefits under the Kansas public em-
29       ployees retirement system, except as provided in subsection (2), (3) or
30       (4), compensation of members under this act shall be a monthly amount
31       equal to the compensation to which the member was entitled for services
32       as a member of the legislature during the period January 15 to February
33       14, inclusive, of the most recent session in which the member has served
34       and employer and employee rate of contribution shall be applied to such
35       amounts monthly. The employee and employer contributions shall be
36       remitted to the system quarterly with a report of same as may be required
37       by the board. The employee contributions may be deducted from either
38       any compensation of the member or any expense allowance or reimburse-
39       ment of the member, or any combination thereof.
40             (2) For service as a member after July 18, 1982, a member of the
41       legislature may elect to participate with a rate of compensation that in-
42       cludes a monthly amount equal to 1/12 of the annualized amount received
43       for monthly allowance under subsection (c) of K.S.A. 46-137a and amend-


6

  1       ments thereto. Such changes in the member's rate of compensation and
  2       contributions shall be effective the first day of the payroll period coincid-
  3       ing with or following the calendar quarter in which the election is received
  4       by the board of trustees of the system. All elections shall be in the form
  5       and manner prescribed by the board of trustees.
  6             (3) For service as a member after July 18, 1982, and prior to the
  7       effective date of this act, a member of the legislature may elect to partic-
  8       ipate with a rate of compensation that includes a monthly amount equal
  9       to 1/12th the annualized amount received for expenses allowance under
10       subsection (b) of K.S.A. 46-137a and amendments thereto. Upon such
11       election, such member of the legislature shall make a lump-sum payment
12       equivalent to 4% of such compensation, and the member's final average
13       salary shall be based on compensation added thereto.
14             (4) A member of the legislature may elect to participate with a rate
15       of compensation that includes a monthly amount equal to 1/12th the an-
16       nualized amount received for expenses allowance under subsection (b) of
17       K.S.A. 46-137a and amendments thereto. Such changes in the member's
18       rate of compensation and contributions shall be effective the first day of
19       the payroll period coinciding with or following the calendar quarter in
20       which the election is received by the board of trustees of the system. All
21       elections shall be in the form and manner prescribed by the board of
22       trustees.
23             (5) Any member of the legislature making one or more of the elec-
24       tions provided in this section may not revoke such election or elections
25       while they remain a participating employee for service as a member of
26       the legislature.
27             (6) The provisions of this section affecting the determination of re-
28       tirement benefits and the retirement benefits provided for members of the
29       legislature under the system shall be subject to being determined and
30       established in accordance with the provisions of subsection (d) of K.S.A.
31       1999 Supp. 46-3101 and amendments thereto.
32             Sec.  5. K.S.A. 75-3212 is hereby amended to read as follows: 75-
33       3212. In addition to amounts authorized under K.S.A. 46-137a, 46-137b
34       and 46-137e, and amendments thereto, members of the senate and the
35       house of representatives of the state and other persons or officers of
36       various committees, delegations, subcommittees, boards, commissions
37       and councils referred to in this act shall be paid compensation and travel
38       expenses and subsistence expenses or allowance for such service as
39       follows:
40             (a) A per diem compensation of thirty-five dollars ($35) $35 for each
41       day of actual attendance at authorized in-state or out-of-state meetings,
42       except that members of the senate and the house of representatives shall
43       receive per diem compensation therefor in the amount prescribed au-


7

  1       thorized under subsection (a) of K.S.A. 46-137a or any and amendments
  2       thereto;
  3             (b) the sum specified in authorized under subsection (b) of K.S.A.
  4       46-137a or any and amendments thereto for subsistence allowance per
  5       any day or part thereof spent in actual attendance at any such in-state
  6       meeting;
  7             (c) for any day, or part thereof, other than the day of the meeting,
  8       the sum specified in authorized under subsection (b) of K.S.A. 46-137a
  9       or any and amendments thereto for subsistence allowance incurred in
10       going to and returning from such in-state meetings, provided such person
11       resides more than one hundred (100) 100 miles from the location of the
12       meeting;
13             (d) the mileage rate authorized by K.S.A. 75-3203a or any and
14       amendments thereto for each mile actually traveled by the usual route in
15       going to and returning from the place where an authorized in-state meet-
16       ing is held, except that members of the senate and the house of represen-
17       tatives shall receive the mileage rate authorized under subsection (d) of
18       K.S.A. 46-137a and amendments thereto; and
19             (e) the sum specified in K.S.A. 46-137a, and any amendments
20       thereto, for subsistence allowance per day or part thereof while attending
21       and going to and from any out-of-state meeting authorized by the chair-
22       person or the rules of the commission, committee or council, or as oth-
23       erwise authorized in accordance with this act or if the actual subsistence
24       expenses of such officer are in excess of the allowance prescribed such
25       officer shall be entitled to be reimbursed for such officer's actual subsis-
26       tence expenses incurred while attending such out-of-state meeting. Such
27       officers shall also be entitled to mileage allowances at the rate authorized
28       by K.S.A. 75-3203a or any and amendments thereto for each mile actually
29       traveled by the usual route in going to and returning from the place of
30       any such out-of-state meetings if private conveyance is used, or actual
31       transportation cost if private conveyance is not used, except that members
32       of the senate and the house of representatives shall receive the mileage
33       rate authorized under subsection (d) of K.S.A. 46-137a and amendments
34       thereto.
35             No legislator shall receive compensation under this section during any
36       legislative session except when the legislature is adjourned for a period
37       of more than two days, Sundays excepted. No legislator shall receive sub-
38       sistence expenses or allowances under this section for attendance at any
39       in-state meeting during any legislative session or for which subsistence
40       expenses or allowances are authorized under the provisions of K.S.A. 46-
41       137e and amendments thereto. The total of both subsistence expenses
42       and allowances allowed under this section during a legislative session and
43       subsistence allowances allowed under K.S.A. 46-137a and amendments


8

  1       thereto during such session shall be limited to the amount equal to the
  2       combined total actual subsistence expenses incurred in Topeka and in
  3       out-of-state travel. The provisions of the third sentence of K.S.A. 75-4606
  4       shall not apply to any legislator, and any legislator may use a privately
  5       owned motor vehicle and receive reimbursement for mileage at the rate
  6       provided in K.S.A. 75-3203a and amendments thereto whether traveling
  7       under authority of such statute or this act.
  8             Sec.  6. K.S.A. 75-3223 is hereby amended to read as follows: 75-
  9       3223. (a) Whenever it is provided by law that a member of a board is to
10       receive compensation as provided in this section, such member shall be
11       paid per diem compensation of thirty-five dollars ($35) $35 for each day
12       of actual attendance at any meeting of such board or any subcommittee
13       meeting authorized by such board. No per diem compensation shall be
14       paid under this section to salaried state officers or employees except that
15       whenever a member of the legislature is a member of a board he or she
16       such member shall receive compensation as provided in K.S.A. 75-3212
17       and amendments thereto.
18             (b) Whenever it is provided by law that a member of a board is to be
19       paid subsistence allowances as provided in this section, such member shall
20       be paid subsistence allowances as provided in K.S.A. 75-3207 and amend-
21       ments thereto, unless such member is also a member of the legislature,
22       in which case such member shall be paid subsistence allowances as pro-
23       vided in K.S.A. 75-3212 and amendments thereto.
24             (c) Whenever it is provided by law that a member of a board shall be
25       paid mileage as provided in this section, such member shall be paid the
26       mileage rate prescribed under K.S.A. 75-3203a and amendments thereto
27       for miles actually traveled in going to and returning from a meeting of
28       such board (, or any subcommittee meeting authorized by such board),
29       computed in accordance with rules and regulations of the secretary of
30       administration adopted under K.S.A. 75-3207 and amendments thereto,
31       unless such member is also a member of the legislature, in which case
32       such member shall receive the mileage rate authorized under subsection
33       (d) of K.S.A. 46-137a and amendments thereto.
34             (d) Whenever it is provided by law that a member of a board shall
35       be paid expenses (in addition to mileage and subsistence), such member
36       shall be paid actual and necessary expenses incurred in performing his or
37       her such member's statutory duties as such member in accordance with
38       K.S.A. 75-3203 and 75-3207 and amendments thereto and K.S.A. 75-3207
39       and rules and regulations of the secretary of administration adopted under
40       K.S.A. 75-3207 and amendments thereto.
41             (e) Whenever it is provided by law that members of a board shall
42       receive amounts provided for in this subsection (e) of K.S.A. 75-3223 and
43       amendments thereto, such members shall receive subsistence allowances


9

  1       as provided in K.S.A. 75-3207 and amendments thereto, mileage at the
  2       rate prescribed under K.S.A. 75-3203a and amendments thereto and
  3       other actual and necessary expenses incurred in performing his or her
  4       such member's statutory duties as such member in accordance with K.S.A.
  5       75-3203 and amendments thereto and rules and regulations of the sec-
  6       retary of administration adopted under K.S.A. 75-3207 and amendments
  7       thereto, unless such member is a legislator in which case such legislator
  8       shall receive the compensation, subsistence allowances, mileage and other
  9       expenses authorized for legislators under subsections (a), (b), (c) and (d)
10       of this section.
11             (f) "Board" as used in this section means any three or more public
12       officers or other persons who are given by law a joint authority. 
13       Sec.  7. K.S.A. 74-4995, 75-3212 and 75-3223 and K.S.A. 1999 Supp.
14       46-137a, 46-137b and 46-3101 are hereby repealed.
15        Sec.  8. This act shall take effect and be in force from and after its
16       publication in the statute book.