Session of 2000
         
HOUSE Substitute for
                   
SENATE BILL No. 138
         
By Kansas 2000 Select Committee
         
3-22
         

12             AN  ACT relating to public employment; concerning personnel discipli-
13             nary actions, policies and procedures; compensation and benefits; re-
14             tirement provisions; retirement and benefits related to certain elected
15             public service; procedures, benefits and property dispositions related
16             to persons laid off due to closed institutions or transferred functions;
17             amending K.S.A. 74-4914c, 75-2929d, 75-2949, 75-4370, 75-4371, 75-
18             4372, 75-4373, 75-4374, 75-4375 and 75-4376 and K.S.A. 1999 Supp.
19             46-233 and 75-6801 and repealing the existing sections.
20      
21       Be it enacted by the Legislature of the State of Kansas:
22             New Section  1. (a) (1) If Kansas industries for the blind, which is
23       located on Topeka state hospital property as defined by K.S.A. 1999 Supp.
24       75-37,123 and amendments thereto, is sold, closed, abolished or other-
25       wise ceases operations as a state program, the secretary of social and
26       rehabilitation services shall sell and dispose of the assets of Kansas in-
27       dustries for the blind in a manner determined by the secretary to maxi-
28       mize the amount of proceeds derived from such sale.
29             (2) Each sale or other disposition of the assets of Kansas industries
30       for the blind shall be exempt from the provisions of K.S.A. 75-3739, and
31       amendments thereto, except that bidding procedures which are not in
32       conflict with K.S.A. 75-3739, and amendments thereto, may be used be-
33       fore awarding any contract under this section.
34             (3) The provisions of K.S.A. 75-6601 through 75-6608 and 75-7101
35       through 75-7107, and amendments thereto, shall not apply to actions
36       under this section.
37             (b) If Kansas industries for the blind is sold, closed, abolished or
38       otherwise ceases operation as a state program, there shall be created in
39       the state treasury the KIB contingency fund which shall be administered
40       by the director of the Kansas division of services for the blind. Revenue
41       from the following sources shall be deposited in the state treasury and
42       credited to the KIB contingency fund:
43             (1) Proceeds from the sale of that portion of the Topeka state hospital


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  1       property, as defined by K.S.A. 1999 Supp. 75-37,123 and amendments
  2       thereto, occupied by Kansas industries for the blind at the time of the
  3       sale, closure, abolishment or other cessation of operations as a state
  4       program;
  5             (2) all moneys received for accounts receivable of the Kansas indus-
  6       tries for the blind;
  7             (3) proceeds from the sale of the inventory of finished goods and
  8       works in progress of the Kansas industries for the blind;
  9             (4) proceeds from the sale of the inventory of raw materials of the
10       Kansas industries for the blind;
11             (5) proceeds from the sale of the capital assets of the Kansas indus-
12       tries for the blind; and
13             (6) the net amount of moneys in the social welfare fund and any other
14       special revenue fund that constitute fees and other revenues attributable
15       to the Kansas industries for the blind program of the department of social
16       and rehabilitation services.
17             (c) Moneys deposited in the KIB contingency fund shall be expended
18       only for the purposes prescribed in subsection (f).
19             (d) On or before the 10th day of each month, the director of accounts
20       and reports shall transfer from the state general fund to the KIB contin-
21       gency fund interest earnings based on:
22             (1) The average daily balance of moneys in the KIB contingency fund
23       for the preceding month; and
24             (2) the net earnings of the pooled money investment portfolio for the
25       preceding month.
26             (e) All expenditures from the KIB contingency fund shall be in ac-
27       cordance with appropriation acts upon warrants of the director of ac-
28       counts and reports issued pursuant to vouchers approved by the director
29       of the Kansas division of services for the blind for the purposes set forth
30       in subsection (f).
31             (f)  (1) Within the limits of appropriations therefor, the director of
32       the Kansas division of services for the blind shall establish and administer
33       a grant program and make awards from the KIB contingency fund for
34       the purposes of establishing or reopening a facility to provide industrial
35       employment to the blind, within the city limits of the city of Topeka. Only
36       organizations which are charitable not-for-profit organizations which are
37       exempt from federal income taxation pursuant to section 501 (c)(3) of the
38       federal internal revenue code of 1986, as amended, or an agency of state
39       or local government, or any instrumentality thereof, shall be eligible to
40       receive a grant award under this section.
41             (2) Except as provided in subsection (f)(3), a grantee shall not be
42       eligible for an award unless such grantee agrees to comply with all of the
43       following provisions:


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  1             (A) Not less than 75% of all persons employed by the grantee to
  2       perform direct labor at the new facility providing industrial employment
  3       for the blind shall meet the definition of blindness prescribed for use in
  4       determining eligibility under the federal social security administration;
  5             (B) each grantee shall be affiliated, or shall seek affiliation with, na-
  6       tional industries for the blind;
  7             (C) each grantee shall be authorized or shall be seeking authorization
  8       to sell products under provisions of K.S.A. 75-3317 et seq., and amend-
  9       ments thereto; and
10             (D) each grantee shall agree to provide equal to or greater than wages
11       and benefits as paid to all blind persons who were employed by Kansas
12       industries for the blind at the time Kansas industries for the blind was
13       sold, closed, abolished or otherwise ceased operating as a state program,
14       to any blind person accepting employment at the new facility providing
15       industrial employment to the blind if such blind person was employed by
16       Kansas industries for the blind on or after the date which is two years
17       before the date of such sale, closure, abolishment or other cessation of
18       operations of Kansas industries for the blind as a state program.
19             (3) Each grant applicant, which is a charitable not-for-profit organi-
20       zation which is exempt or has applied for exemption from federal income
21       taxation pursuant to section 501 (c)(3) of the federal internal revenue
22       code of 1986, as amended, and which has a majority of members of its
23       board of directors who are former employees of Kansas industries for the
24       blind, shall be given preference in the award of grants. If no grant appli-
25       cant is qualified for a preference under this subsection, or if no applicant
26       is able to comply with the provisions of subsection (f)(2), then grants shall
27       be awarded from the KIB contingency fund on a competitive basis. The
28       director of Kansas division of services for the blind shall adopt standards
29       to be used to review grant applicants when grants are awarded on a com-
30       petitive basis to assure that the applicant with the best chance of opera-
31       tional success is chosen pursuant to this subsection (f)(3).
32             Sec.  2. K.S.A. 1999 Supp. 46-233 is hereby amended to read as fol-
33       lows: 46-233. (a) (1) No state officer or employee shall in the capacity as
34       such officer or employee be substantially involved in the preparation of
35       or participate in the making of a contract with any person or business by
36       which such officer or employee is employed or in whose business such
37       officer or employee or any member of such officer's or employee's im-
38       mediate family has a substantial interest and no such person or business
39       shall enter into any contract where any state officer or employee, acting
40       in such capacity, is a signatory to, has been substantially involved in the
41       preparation of or is a participant in the making of such contract and is
42       employed by such person or business or such officer or employee or any
43       member of such officer's or employee's immediate family has a substantial


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  1       interest in such person or business.
  2             (2) Except as otherwise provided in this subsection, whenever any
  3       individual has participated as a state officer or employee in the making
  4       of any contract with any person or business, such individual shall not
  5       accept employment with such person or business as an employee, inde-
  6       pendent contractor or subcontractor until two years after performance of
  7       the contract is completed or until two years after the individual terminates
  8       employment as a state officer or employee, whichever is sooner. This
  9       prohibition on accepting employment shall not apply in any case in which:
10       (A) A state officer or employee who participated in making a contract
11       while employed by an institution that is subsequently closed or abolished
12       or otherwise ceases operations or that has budget reductions imposed
13       that are associated with such closure and who is laid off from employment
14       with such institution for the reason of such closure, abolition or cessation
15       of operations or such imposition of budget reductions; or (B) a state of-
16       ficer or employee who participated in making a contract while employed
17       by an institution that is scheduled to be closed or abolished or to cease
18       operations, who is scheduled to be laid off from employment with such
19       institution for the reason of the scheduled closure, abolition or cessation
20       of operations, and who voluntarily terminates such employment after re-
21       ceiving such state officer or employee's notice of the scheduled layoff;
22       (C) a state officer or employee who participated in making a contract
23       while employed by the department of corrections at the Topeka correc-
24       tional facility and who is laid off from such employment due to the transfer
25       of the reception and diagnostic center from the Topeka correctional fa-
26       cility to the El Dorado correctional facility; or (D) a state officer or em-
27       ployee who participated in making a contract while employed by the de-
28       partment of corrections at the Topeka correctional facility and who
29       voluntarily terminates from such employment after receiving such state
30       officer or employee's notice of scheduled layoff due to the transfer of the
31       reception and diagnostic center from the Topeka correctional facility to
32       the El Dorado correctional facility. As used in this subsection (a)(2), ``laid
33       off'' and ``layoff'' mean, in the case of a state officer or employee in the
34       classified service under the Kansas civil service act, being laid off under
35       K.S.A. 75-2948, and amendments thereto, and, in the case of a state
36       officer or employee in the unclassified service under the Kansas civil
37       service act, being terminated from employment with the state agency by
38       the appointing authority, except that ``laid off'' and ``layoff'' shall not in-
39       clude any separation from employment pursuant to a budget reduction
40       or expenditure authority reduction and a reduction of F.T.E. positions
41       under K.S.A. 75-6801, and amendments thereto; and ``institution'' means
42       Topeka state hospital or Winfield state hospital and training center.
43             (b) No individual shall, while a legislator or within one year after the


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  1       expiration of a term as legislator, be interested pecuniarily, either directly
  2       or indirectly, in any contract with the state, which contract is funded in
  3       whole or in part by any appropriation or is authorized by any law passed
  4       during such term, except that the prohibition of this subsection (b) shall
  5       not apply to any contract interest in relation to which a disclosure state-
  6       ment is filed as provided by K.S.A. 46-239, and amendments thereto.
  7             (c) No individual, while a legislator or within one year after the ex-
  8       piration of a term as a legislator, shall represent any person in a court
  9       proceeding attacking any legislative action taken or enactment made dur-
10       ing any term such individual served as a legislator as being unconstitu-
11       tional because of error in the legislative process with respect to such
12       action or enactment unless such legislator voted no upon the enactment
13       of the measure and declared on the record, during such term, that such
14       legislation was unconstitutional. The prohibition of this subsection (c)
15       shall not apply to a current or former legislator charged with a violation
16       of such legislative action or enactment.
17             (d) Subsections (a) and (b) shall not apply to the following:
18             (1) Contracts let after competitive bidding has been advertised for by
19       published notice; and
20             (2) Contracts for property or services for which the price or rate is
21       fixed by law.
22             (e) When used in this section:
23             (1) ``Substantial interest'' shall have the same meaning ascribed
24       thereto by K.S.A. 46-229, and amendments thereto, and any such interest
25       held within the preceding 12 months of the act or event of participating
26       in the preparation of making a contract.
27             (2) ``Substantially involved in the preparation or participate in the
28       making of a contract'' means having approved or disapproved a contract
29       or having provided significant factual or specific information or advice or
30       recommendations in relation to the negotiated terms of the contract.
31             New Sec.  3. (a) Notwithstanding any provision of law to the contrary,
32       any member who is a member of the legislature who is also employed by
33       a another participating employer of the Kansas public employees retire-
34       ment system other than the legislature and is an eligible employee as
35       defined in K.S.A. 74-4902, and amendments thereto, may retire from
36       service from such other participating employer and may continue to serve
37       as a member of the legislature. Such member's retirement benefit shall
38       be based on the final average salary of such member for service prior to
39       service as a member of the legislature.
40             (b) No such member who is a member of the legislature who retires
41       as provided in subsection (a) and who continues to serve as a member of
42       the legislature shall accrue any additional service credit for such service
43       as a member of the legislature or be entitled to any benefit provided in


6

  1       K.S.A. 74-4916 or 74-4927, and amendments thereto.
  2             (c) When such member who is a member of the legislature retires as
  3       a member of the legislature, such member's final average salary shall be
  4       recalculated to include legislative compensation, if such inclusion of such
  5       compensation increases such member's final average salary, of the mem-
  6       ber up to the time of retirement from the participating employer other
  7       than the legislature as provided in subsection (a).
  8             (d) No such member who is a member of the legislature shall be
  9       entitled to any retirement benefits for the period of time between the
10       date the member retired from the participating employer other than the
11       legislature and the date such member retires as a member of the
12       legislature.
13             (e) The provisions of this section are intended to further the public
14       policy of encouraging persons to serve in elective public office by per-
15       mitting a member of the system, who is a member through employment
16       with a participating employer in a nonelected position and who holds an
17       elected office as a member of the legislature and who is also a member
18       of the system for such elected office, to retire under the system from
19       such nonelected employment and to continue serving in such elected
20       public office.
21             (f) The words and phrases used in this section have the meanings
22       respectively ascribed thereto by K.S.A. 74-4902, and amendments
23       thereto, unless a different meaning is plainly required by the context.
24             New Sec.  4. (a) Notwithstanding any provision of law to the contrary,
25       any member who is an elected local official of a municipality who is also
26       employed by another participating employer of the Kansas public em-
27       ployees retirement system other than the municipality and is an eligible
28       employee as defined in K.S.A. 74-4902, and amendments thereto, may
29       retire from service from such other participating employer and may con-
30       tinue to serve as an elected local official.
31             (b) No such member who is an elected local official who retires as
32       provided in subsection (a) and who continues to serve as an elected local
33       official shall accrue any additional service credit for such service as an
34       elected local official.
35             (c) The provisions of this section are intended to further the public
36       policy of encouraging persons to serve in elective public office by per-
37       mitting a member of the system, who is a member through employment
38       with a participating employer in a nonelected position and who holds an
39       elected office as an elected local official of a municipality and who is also
40       a member of the system for such elected office, to retire under the system
41       from such nonelected employment and to continue serving in such
42       elected public office.
43             (d) The words and phrases used in this section have the meanings


7

  1       respectively ascribed thereto by K.S.A. 74-4902, and amendments
  2       thereto, unless a different meaning is plainly required by the context.
  3             Sec.  5. K.S.A. 74-4914c is hereby amended to read as follows: 74-
  4       4914c. (1) Notwithstanding the provisions of K.S.A. 74-4914, 74-4915 and
  5       subsection (23) of K.S.A. 74-4902, and amendments thereto, the normal
  6       retirement date for all security officers, as defined by paragraph (a) or (b)
  7       of subsection (1) of K.S.A. 74-4914a and amendments thereto, with at
  8       least three consecutive years of service as such security officer immedi-
  9       ately preceding the date of retirement, shall be the first day of the month
10       coinciding with or following the attainment of age 55 and, and com-
11       mencing July 1, 1999, the first day of the month coinciding with or fol-
12       lowing the date that the total of the number of years of credited service
13       and the number of years of attained age of the security officer is equal to
14       or more than 85. Any such security officer may retire before such normal
15       retirement date on the first day of any month coinciding with or following
16       the attainment of age 50 or completion of 10 years of credited service,
17       whichever occurs later.
18             (2)  (a) Except as otherwise provided in paragraph (b) of this subsec-
19       tion (2), any security officer, as defined by paragraph (a) or (b) of sub-
20       section (1) of K.S.A. 74-4914a and amendments thereto, who retires be-
21       fore the normal retirement date shall receive an annual retirement benefit
22       equal to the annual retirement benefit payable had such security officer
23       retired on the normal retirement date but based upon such security of-
24       ficer's final average salary and years of participating and prior service
25       credited to the date of actual retirement reduced by an amount equal to
26       the product of (i) such annual retirement benefit payable had such se-
27       curity officer retired on the normal retirement date, multiplied by (ii) the
28       product of .6% multiplied by the number of months difference, to the
29       nearest whole month, between such security officer's attained age at the
30       time of retirement and age 55.
31             (b) Any security officer, as defined by paragraph (a) or (b) of subsec-
32       tion (1) of K.S.A. 74-4914a and amendments thereto, who retires on or
33       after July 1, 1982, and prior to July 1, 1987, before the normal retirement
34       date shall receive an annual retirement benefit equal to the annual re-
35       tirement benefit payable had such security officer retired on the normal
36       retirement date but based upon such security officer's final average salary
37       and years of participating and prior service credited to the date of actual
38       retirement reduced by an amount equal to the product of (i) such annual
39       retirement benefit payable had such security officer retired on the normal
40       retirement date, multiplied by (ii) the product of .3% multiplied by the
41       number of months difference, to the nearest whole month, between such
42       security officer's attained age at the time of retirement and age 55.
43             (c) Any security officer, as defined by paragraph (a) or (b) of subsec-


8

  1       tion (1) of K.S.A. 74-4914a and amendments thereto, who retires on or
  2       after July 1, 1990, before the normal retirement date shall receive an
  3       annual retirement benefit equal to the annual retirement benefit payable
  4       had such security officer retired on the normal retirement date but based
  5       upon such security officer's final average salary and years of participating
  6       and prior service credited to the date of actual retirement reduced by an
  7       amount equal to the product of (i) such annual retirement benefit payable
  8       had such security officer retired on the normal retirement date, multi-
  9       plied by (ii) the product of .2% multiplied by the number of months
10       difference, to the nearest whole month, between such security officer's
11       attained age at the time of retirement and age 55.
12             (3) Notwithstanding the provisions of K.S.A. 74-4914, 74-4915 and
13       subsection (23) of K.S.A. 74-4902, the normal retirement date for all
14       security officers, as defined by paragraph (c), (d), (e) or (f) of subsection
15       (1) of K.S.A. 74-4914a and amendments thereto, with at least three con-
16       secutive years of service as such security officer immediately preceding
17       the date of retirement, shall be the first day of the month coinciding with
18       or following the attainment of age 60 and, and commencing July 1, 2000,
19       the first day of the month coinciding with or following the date that the
20       total of the number of years of credited service and the number of years
21       of attained age of the security officer is equal to or more than 85. Any
22       such security officer may retire before such normal retirement date on
23       the first day of any month coinciding with or following the attainment of
24       age 55 or completion of 10 years of credited service, whichever occurs
25       later.
26             (4) (a) Except as otherwise provided in paragraph (b) of this subsec-
27       tion (4), any security officer, as defined by paragraph (c), (d), (e) or (f) of
28       subsection (1) of K.S.A. 74-4914a and amendments thereto, who retires
29       before the normal retirement date shall receive an annual retirement
30       benefit equal to the annual retirement benefit payable had such security
31       officer retired on the normal retirement date but based upon such se-
32       curity officer's final average salary and years of participating and prior
33       service credited to the date of actual retirement reduced by an amount
34       equal to the product of (i) such annual retirement benefit payable had
35       such security officer retired on the normal retirement date, multiplied by
36       (ii) the product of .6% multiplied by the number of months difference,
37       to the nearest whole month, between such security officer's attained age
38       at the time of retirement and age 60.
39             (b) Any security officer, as defined by paragraph (c), (d), (e) or (f) of
40       subsection (1) of K.S.A. 74-4914a and amendments thereto, who retires
41       on or after July 1, 1982, and prior to July 1, 1987, before the normal
42       retirement date shall receive an annual retirement benefit equal to the
43       annual retirement benefit payable had such security officer retired on the


9

  1       normal retirement date but based upon such security officer's final av-
  2       erage salary and years of participating and prior service credited to the
  3       date of actual retirement reduced by an amount equal to the product of
  4       (i) such annual retirement benefit payable had such security officer re-
  5       tired on the normal retirement date, multiplied by (ii) the product of .3%
  6       multiplied by the number of months difference, to the nearest whole
  7       month, between such security officer's attained age at the time of retire-
  8       ment and age 60.
  9             (c) Any security officer, as defined by paragraph (c), (d), (e) or (f) of
10       subsection (1) of K.S.A. 74-4914a and amendments thereto, who retires
11       on or after July 1, 1990, before the normal retirement date shall receive
12       an annual retirement benefit equal to the annual retirement benefit pay-
13       able had such security officer retired on the normal retirement date but
14       based upon such security officer's final average salary and years of par-
15       ticipating and prior service credited to the date of actual retirement re-
16       duced by an amount equal to the product of (i) such annual retirement
17       benefit payable had such security officer retired on the normal retirement
18       date, multiplied by (ii) the product of .2% multiplied by the number of
19       months difference, to the nearest whole month, between such security
20       officer's attained age at the time of retirement and age 60.
21             Sec.  6. On July 1, 2000, K.S.A. 75-2929d is hereby amended to read
22       as follows: 75-2929d. (a) The state civil service board shall hear appeals
23       taken to it pursuant to: (1) K.S.A. 75-2940, 75-2949 and 75-3747, and
24       amendments thereto, concerning demotion, dismissal or suspension of a
25       permanent employee in the classified service, or concerning refusal to
26       examine an applicant or to certify a person as eligible for a job class, and
27       (2) K.S.A. 75-2973, and amendments thereto, concerning disciplinary ac-
28       tion in violation of that statute.
29             (b) When an appeal is taken to the board, the board shall establish a
30       time and a place for the hearing which shall be held within 45 days after
31       receipt of request for the appeal. The board shall notify the person bring-
32       ing the appeal and the appointing authority or other person whose action
33       is being reviewed of the time and the place of the hearing at least 14 days
34       prior to such hearing. Each party at the hearing shall have the right to be
35       represented by a person of the party's own choice. Hearings shall be
36       conducted in accordance with the provisions of the Kansas administrative
37       procedure act. For purposes of the administrative procedure act, the state
38       civil service board shall be deemed the agency head. The board may
39       affirm, modify or reverse an agency action and order any other action it
40       deems appropriate.
41             (c) The board, or the director of personnel services when authorized
42       by majority vote of the board, may take deposition of depose witnesses.
43       Either party to a hearing may depose witnesses in accordance with the


10

  1       Kansas administrative procedure act. If books and papers are required to
  2       be produced in advance of a hearing date, the person or agency producing
  3       the books and papers shall be entitled to receive reasonable compensation
  4       to recover all costs of such production from the person or agency for
  5       which they are produced. The board, any presiding officer or the director
  6       may examine such public records as may be required in relation to any
  7       matter which the board has authority to investigate.
  8             (d) Each person not in the classified or unclassified service who ap-
  9       pears before the board or the director by order shall receive for such
10       person's attendance the fees and mileage provided for witnesses in civil
11       actions in the district court, which. Such fees and mileage shall be audited
12       and paid by the state upon presentation of proper vouchers. Each witness
13       subpoenaed at the request of parties other than the board or the director
14       shall be entitled to compensation from the state for attendance or travel
15       only if the board certifies that the testimony of such witness was relevant
16       and material to the matter investigated or, if such witness is not called to
17       testify, the board determines and certifies that such compensation should
18       be paid.
19             Sec.  7. On July 1, 2000, K.S.A. 75-2949 is hereby amended to read
20       as follows: 75-2949. (a) An appointing authority may dismiss or demote
21       any permanent employee in the classified service when the appointing
22       authority considers that the good of the service will be served thereby
23       and. For disciplinary purposes, an appointing authority may suspend
24       without pay a permanent classified employee for a period not to exceed
25       30 calendar days, but. No permanent employee in the classified service
26       shall be dismissed, demoted or suspended for political, religious, racial
27       or other nonmerit reasons.
28             (b) Prior to dismissal, demotion or suspension of a permanent em-
29       ployee in the classified service, the appointing authority shall furnish the
30       employee by certified mail to the employee's last known address, return
31       receipt requested, or by personal delivery, a statement in writing specif-
32       ically setting forth the reasons and factual basis therefor. A copy of such
33       statement shall be furnished immediately to the director. This statement
34       shall contain notice of the proposed dismissal, demotion or suspension
35       and shall specify the proposed effective date thereof. Except as otherwise
36       provided in the Kansas civil service act, a proposed suspension, demotion
37       or dismissal shall become effective no less than three calendar days nor
38       more than 14 calendar days following the date the notice of such proposed
39       suspension, demotion or dismissal is personally delivered to the employee
40       or deposited with the post office as certified mail. If in the opinion of the
41       appointing authority conditions warrant, the appointing authority may re-
42       lieve the employee of duties or change the duties of the employee during
43       such period. If the employee is relieved from duty during such period,


11

  1       the employee may be continued in pay status, or placed on leave of ab-
  2       sence without pay by the appointing authority. In the statement proposing
  3       suspension, demotion or dismissal, the appointing authority shall offer
  4       the employee who is proposed to be suspended, demoted or dismissed
  5       an opportunity to reply in writing, or appear in person, or both, before
  6       the appointing authority or a designated representative of the appointing
  7       authority, on the issue of the proposed suspension, demotion or dismissal
  8       prior to the time such suspension, demotion or dismissal is specified by
  9       the notice to become effective. The statement shall specify the date, time
10       and place by, or at which, the employee may reply in writing or appear,
11       or both. If the employee chooses to appear in person on the issue of the
12       proposed action, the employee may be represented by a person of the
13       employee's choice.
14             (c) Upon request by the employee, or upon the initiative of the ap-
15       pointing authority, the appointing authority may extend the time for reply
16       or appearance, or both, if the circumstances warrant. Notice of any such
17       extension shall be furnished to the employee and to the director of per-
18       sonnel services. The proposed suspension, demotion or dismissal shall not
19       become effective until after the extended period has expired.
20             (d) Following the employee's response to the opportunity to reply to
21       the proposed action, or upon expiration of the time for such reply, if no
22       reply is made, the appointing authority, or the designee of the appointing
23       authority, shall notify the employee of the final decision on the proposed
24       action. Such notice shall be in writing and shall be sent by certified mail
25       to the employee's last known address or personally delivered to the em-
26       ployee on or before the effective date of the proposed action. A copy of
27       the notice shall be furnished immediately to the director of personnel
28       services. This final notice of decision by the appointing authority or the
29       designee of the appointing authority, to suspend, demote or dismiss the
30       employee shall inform the employee of the employee's right to appeal
31       the decision to the state civil service board within 30 calendar days after
32       the effective date of the action.
33             (e) At any time prior to the effective date of the proposed suspension,
34       demotion or dismissal or, if an appeal is taken to the state civil service
35       board, at any time prior to the final decision of the board, the appointing
36       authority, or the designee of the appointing authority, may withdraw or
37       modify the action proposed to be taken or taken against the employee.
38       Notice of any such withdrawal or modification shall be given in writing
39       to the employee by certified mail to the employee's last known address
40       or by personal delivery. A copy of the notice shall be furnished immedi-
41       ately to the director of personnel services.
42             (f) Any permanent employee finally dismissed, demoted or sus-
43       pended, may request a hearing from the state civil service board to de-


12

  1       termine the reasonableness of such action. Each such request for a hear-
  2       ing shall be in writing and shall be submitted to the director of personnel
  3       services filed in the office of the director of personnel services within 30
  4       calendar days after the effective date of the dismissal, demotion or sus-
  5       pension. Additional days shall not be added to the thirty-day period in
  6       which an appeal may be filed if the notice of the effective date of the
  7       dismissal, demotion or suspension is mailed to the employee. The board
  8       shall grant the employee a hearing in accordance with the provisions of
  9       the Kansas administrative procedure act within 45 calendar days after
10       receipt of such request. At the hearing the burden of proof shall be upon
11       the employee to establish that the appointing authority did not act rea-
12       sonably in taking such action.
13             (g) No employee shall be disciplined or discriminated against in any
14       way because of the employee's proper use of the appeal procedure.
15             (h) A permanent employee who is demoted pursuant to this section
16       need not meet the qualifications for the class of positions to which de-
17       moted if the appointing authority determines that the employee can rea-
18       sonably be expected to perform satisfactorily the duties of the position to
19       which the employee is demoted. A permanent employee who is demoted
20       pursuant to this section shall have permanent status in the class to which
21       demotion is made, effective on the date of the demotion.
22             (i) In case of a situation in which the possibility of proposing dis-
23       missal, suspension or demotion of a permanent employee is indicated,
24       but where the appointing authority needs time to conduct an investigation
25       before proposing such action, or in a situation where immediate removal
26       of an employee from such employee's job is needed to avoid disruption
27       of work, or for the protection of persons or property, or for a similar
28       reason, the appointing authority may relieve the employee of duties or
29       change the duties of the employee for a limited period and keep the
30       employee in pay status. The secretary of administration shall provide by
31       rules and regulations, adopted pursuant to K.S.A. 75-3706, and amend-
32       ments thereto, procedures to be followed in such cases.
33             Sec.  8. K.S.A. 75-4370 is hereby amended to read as follows: 75-
34       4370. (a) In establishing certified pools of eligible candidates under the
35       Kansas civil service act, a preference shall be given to each state officer
36       or employee (1) who (1)(A) is in the classified service under the Kansas
37       civil service act and is employed by an institution that is closed or abol-
38       ished or otherwise ceases operations or that is scheduled for such closure,
39       abolition or cessation of operations and has a budget reduction imposed
40       that is associated with such closure, abolition or cessation of operations,
41       and (2) who (B) is laid off from employment with such institution for the
42       reason of such closure, abolition or cessation of operations or such im-
43       position of a budget reduction, and (3) who (C) remains in such employ-


13

  1       ment until the date the officer or employee is laid off or (2) (A) is in the
  2       classified service under the Kansas civil service act and is laid off from
  3       employment at the Topeka correctional facility due to the transfer of the
  4       reception and diagnostic unit from the Topeka correctional facility to the
  5       El Dorado correctional facility, and (B) remains in such employment until
  6       the date the officer or employee is laid off.
  7             (b) To qualify for the preference established by this section, a person
  8       described in subsection (a) also shall meet the requirements for the vacant
  9       position. In addition to other applicable provisions of the Kansas civil
10       service act and rules and regulations and policies adopted thereunder,
11       the preference established by this section (1) shall place the person into
12       the reemployment pool, (2) shall provide an opportunity for an interview
13       for any vacant position in the same or higher pay grade than the position
14       from which the person was laid off and for which the person meets the
15       qualifications, and (3) shall grant a right of first refusal for any vacant
16       position. No state agency shall be required to interview more than seven
17       applicants for any one position. The right of first refusal shall allow the
18       person the right to accept the first position applied for by the person for
19       which the person meets the qualifications and for which the pay grade is
20       the same as or lower than the pay grade of the position from which the
21       person was laid off. The right of first refusal may be exercised only one
22       time and must be exercised within the 24 months following the date of
23       layoff.
24             (c) The secretary of administration shall give a global notice of layoff
25       to all state officers and employees, who are employed by an institution
26       that is scheduled for closure, abolition or cessation of operations, up to
27       180 days prior to such closure, abolition or cessation of operations. The
28       global notice of layoff shall be effective for all such state officers and
29       employees, including any state officer or employee who is transferred to
30       or employed by such institution within 180 days of the date of such clo-
31       sure, abolition or cessation of operations, for all purposes of lay off pro-
32       cedures under K.S.A. 75-2948 and amendments thereto, except each such
33       officer or employee receiving the global notice of layoff shall also be given
34       an individual notice of layoff which specifies such officer or employee's
35       individual date of layoff.
36             (d) Notice of layoff pursuant to K.S.A. 75-2948 and amendments
37       thereto, shall be given to state officers and employees whose proposed
38       layoff is caused by the transfer of the reception and diagnostic unit from
39       the Topeka correctional facility to the El Dorado correctional facility.
40             (d) (e) The secretary of administration shall adopt rules and regula-
41       tions necessary to implement the provisions of this section.
42             (e) (f) This section shall be part of and supplemental to the Kansas
43       civil service act.


14

  1             Sec.  9. K.S.A. 75-4371 is hereby amended to read as follows: 75-
  2       4371. (a) Each state officer or employee (1) who (1)(A) is employed by
  3       an institution that is closed or abolished or otherwise ceases operations
  4       or that is scheduled for such closure, abolition or cessation of operations
  5       and has a budget reduction imposed that is associated with such closure,
  6       abolition or cessation of operations, and (2) who (B) is laid off from em-
  7       ployment with such institution for the reason of such closure, abolition
  8       or cessation of operations or such imposition of a budget reduction, and
  9       (3) who (C) remains in such employment until the date the officer or
10       employee is laid off; or (2)(A) is in the classified service under the Kansas
11       civil service act and is laid off from employment at the Topeka correctional
12       facility due to the transfer of the reception and diagnostic unit from the
13       Topeka correctional facility to the El Dorado correctional facility, and (B)
14       remains in such employment until the date the officer or employee is laid
15       off, may receive compensation for 20% of all accumulated hours of sick
16       leave credited to such state officer or employee as of the date of being
17       laid off. Each state officer or employee, who is eligible for and who elects
18       to receive compensation for accumulated sick leave under this section,
19       shall file a written statement of election therefor which shall be in such
20       form as may be prescribed by the secretary of administration and which
21       shall include a specific waiver of any right to receive any payment for
22       accumulated sick leave under the provisions of K.S.A. 75-5517 and
23       amendments thereto. No state officer or employee, who receives com-
24       pensation for accumulated sick leave under this section, shall receive any
25       payment for accumulated sick leave under the provisions of K.S.A. 75-
26       5517 and amendments thereto. Payment for accumulated sick leave under
27       this section shall be made from the state leave payment reserve fund.
28             (b) For the purposes of retirement employee contributions and re-
29       tirement benefits, each payment of compensation for accumulated sick
30       leave under this section shall be subject to the applicable provisions of
31       the statutes governing the Kansas public employees retirement system,
32       K.S.A. 74-4901 et seq., and amendments thereto.
33             (c) The secretary of administration shall adopt rules and regulations
34       necessary to implement the provisions of this section.
35             Sec.  10. K.S.A. 75-4372 is hereby amended to read as follows: 75-
36       4372. (a) Each state officer or employee (1) who (1)(A) is employed by
37       an institution that is closed or abolished or otherwise ceases operations
38       or that is scheduled for such closure, abolition or cessation of operations
39       and has a budget reduction imposed that is associated with such closure,
40       abolition or cessation of operations, and (2) who (B) is laid off from em-
41       ployment with such institution for the reason of such closure, abolition
42       or cessation of operations or such imposition of a budget reduction, and
43       (3) who (C) remains in such employment until the date the officer or


15

  1       employee is laid off; or (2)(A) who is in the classified service under the
  2       Kansas civil service act and is laid off from employment at the Topeka
  3       correctional facility due to the transfer of the reception and diagnostic
  4       unit from the Topeka correctional facility to the El Dorado correctional
  5       facility, and (B) remains in such employment until the date the officer or
  6       employee is laid off, shall continue to be qualified to participate in the
  7       state health care benefits program as provided in this section.
  8             (b) In accordance with the following, each such state officer or em-
  9       ployee may participate in the state health care benefits program after
10       being laid off for the following periods:
11             (1) For the six-month period after the date of such person's layoff,
12       during which period that portion of the cost of participation of such per-
13       son which would have been paid by the state agency if such person was
14       still a state officer or employee shall be paid as provided in subsection
15       (c); and
16             (2) for the eighteen-month period after such six-month period, dur-
17       ing which period the entire cost of participation of such person shall be
18       paid by such person; and
19             (3) in the case of a blind person laid off from Kansas industries for
20       the blind, for the twenty-four-month period after the date of such person's
21       layoff from Kansas industries for the blind, during which period that
22       portion of the cost of participation of such person which would have been
23       paid by the state agency if such person was still employed at Kansas
24       industries for the blind at facilities located on the Topeka state hospital
25       property.
26             (c) There is hereby established the closure health insurance fund in
27       the state treasury which shall be administered by the secretary of admin-
28       istration. In accordance with the provisions of appropriation acts, the sec-
29       retary of administration shall cause to be deposited in the closure health
30       insurance fund an amount equal to the full cost for six months of the
31       employer contribution for full-time single member health care insurance
32       under the state health care benefits program for each such laid off state
33       officer and employee on the officer or employee's last day of service for
34       the period of time prescribed by subsection (b). Expenditures shall be
35       made from the closure health insurance fund for the purpose of paying
36       the employer's portion for full-time single member health insurance un-
37       der the state health care benefits program for each such laid off state
38       officer or employee until the expiration of six months the period of time
39       prescribed by subsection (b) or until notified by the laid off officer or
40       employee that such officer or employee is otherwise covered by health
41       care insurance. The secretary of administration shall establish a system to
42       account for the state health insurance expenditures for each such laid off
43       state officer or employee. Upon notice that the person who had been laid


16

  1       off is otherwise covered by health care insurance, the balance attributed
  2       to such person shall be paid to the person who had been laid off. After
  3       such six-month period, any participation by such person in the state health
  4       care benefits program shall be paid by such person.
  5             (d) Except as otherwise provided by this section, the participation of
  6       each such state officer or employee in the state health care benefits pro-
  7       gram shall be in accordance with the provisions of K.S.A. 75-6501 through
  8       75-6513 and amendments thereto and rules and regulations and policies
  9       adopted by the Kansas state employees health care commission. Each
10       such state officer or employee may obtain family coverage under the state
11       health care benefits program administered by the Kansas state employees
12       health care commission generally in the same manner as other state of-
13       ficers and employees and shall pay the entire cost of such family coverage.
14             Sec.  11. K.S.A. 75-4373 is hereby amended to read as follows: 75-
15       4373. (a) Each state officer or employee (1) who (1)(A) is employed by
16       an institution that is closed or abolished or otherwise ceases operations
17       or that is scheduled for such closure, abolition or cessation of operations
18       and has a budget reduction imposed that is associated with such closure,
19       abolition or cessation of operations, and (2) who (B) is laid off from em-
20       ployment with such institution for the reason of such closure, abolition
21       or cessation of operations or such imposition of a budget reduction, and
22       (3) who (C) remains in such employment until the date the officer or
23       employee is laid off, shall be eligible for the extended death benefit plan
24       providing term life insurance under this section; or (2)(A) is in the clas-
25       sified service under the Kansas civil service act and who is laid off from
26       employment at the Topeka correctional facility due to the transfer of the
27       reception and diagnostic unit from the Topeka correctional facility to the
28       El Dorado correctional facility, and (B) remains in such employment until
29       the date the officer or employee is laid off.
30             (b) The extended death benefit plan providing term life insurance
31       under this section shall provide a death benefit equal to 150% of the
32       annual rate of compensation of the covered state officer or employee, as
33       of the date the covered state officer or employee is laid off, for each state
34       officer or employee described in subsection (a). The extended death ben-
35       efit plan providing term life insurance under this section shall provide
36       death benefit coverage for a period of 24 months after the date the cov-
37       ered state officer or employee is laid off.
38             (c) The secretary of administration shall administer the provisions of
39       this section. The secretary of administration shall issue a request for pro-
40       posals from qualified vendors for term life insurance under this section
41       and is hereby authorized to enter into contracts for such term life insur-
42       ance pursuant to competitive bids. Contracts entered into for such insur-
43       ance shall not be subject to the provisions of K.S.A. 75-4101 and amend-


17

  1       ments thereto.
  2             (d) There is hereby created in the state treasury the closure term life
  3       insurance fund which shall be administered by the secretary of adminis-
  4       tration. All expenditures of moneys credited to the closure term life in-
  5       surance fund shall be for the provision of term life insurance under this
  6       section in accordance with appropriation acts upon warrants of the direc-
  7       tor of accounts and reports issued pursuant to vouchers approved by the
  8       secretary of administration or the secretary's designee.
  9             Sec.  12. K.S.A. 75-4374 is hereby amended to read as follows: 75-
10       4374. (a) The head of any state agency, as defined by K.S.A. 75-3701, and
11       amendments thereto, who hires any state officer or employee who is laid
12       off or transferred in lieu of layoff between state agencies, may agree to
13       reimburse such officer or employee's in-state moving expenses in an ag-
14       gregate amount of not more than $2,000, as verified by receipts. No such
15       moving expenses shall be paid when such transfer results in the new
16       official duty station being less than 25 miles from the old station.
17             (b) Moving expenses may include, but not be limited to, the cost of
18       packing and transporting household goods and personal effects, subsis-
19       tence expenses while en route from the old residence to the new resi-
20       dence, subsistence expenses while occupying temporary quarters in the
21       new location and the expenses of a premove trip to look for a new
22       residence.
23             (c) Any state agency, as defined by K.S.A. 75-3701 and amendments
24       thereto, which hires any state officer or employee, who is a blind person
25       employed at Kansas industries for the blind at facilities on the Topeka
26       state hospital property and who is laid off or transferred between state
27       agencies, in lieu of being laid off, shall purchase or otherwise provide all
28       adaptive equipment and other accommodations required by such state
29       officer or employer for such state officer or employee's position at such
30       state agency.
31             (d) As used in this section, ``state officer or employee'' means a state
32       officer or employee (1) who (1)(A) is employed by an institution that is
33       closed or abolished or otherwise ceases operations or that is scheduled
34       for such closure, abolition or cessation of operations, and (2) who (B) is
35       laid off from employment with such institution for the reason of such
36       closure, abolition or cessation of operations, and (3) who (C) remains in
37       such employment with such institution until the date the officer or em-
38       ployee is laid off; or (2)(A) is in the classified service under the Kansas
39       civil service act and is laid off from employment at the Topeka correctional
40       facility due to the transfer of the reception and diagnostic unit from the
41       Topeka correctional facility to the El Dorado correctional facility, and (B)
42       remains in such employment until the date the officer or employee is laid
43       off.


18

  1             Sec.  13. K.S.A. 75-4375 is hereby amended to read as follows: 75-
  2       4375. (a) Each state officer or employee (1) who (1)(A) is employed by
  3       an institution that is closed or abolished or otherwise ceases operations
  4       or that is scheduled for such closure, abolition or cessation of operations
  5       and has a budget reduction imposed that is associated with such closure,
  6       abolition or cessation of operations, and (2) who (B) is a direct care em-
  7       ployee as defined by this section or is a blind person employed by Kansas
  8       industries for the blind at the facilities located on the Topeka state hospital
  9       property, and (3) who (C) is laid off from employment with such insti-
10       tution for the reason of such closure, abolition, or cessation of operations
11       or such imposition of a budget reduction, and (4) who (D) remains in
12       such employment until the date the officer or employee is laid off, or
13       (2)(A) is in the classified service in a position assigned to a correctional
14       officer job class under the Kansas civil service act and is laid off from
15       employment at the Topeka correctional facility due to the transfer of the
16       reception and diagnostic unit from the Topeka correctional facility to the
17       El Dorado correctional facility, and (B) remains in such employment until
18       the date the officer or employee is laid off, shall receive compensation
19       from the department of social and rehabilitation services for the following:
20             (i) Forty hours of pay at the state officer or employee's regular hourly
21       rate of pay on the date the employee is laid off if such employee has
22       completed one full year of service but less than two full years of service
23       on the layoff date;
24             (ii) eighty hours of pay at the state officer or employee's regular
25       hourly rate of pay on the date the employee is laid off if such employee
26       has completed two full years of service but less than three full years of
27       service on the layoff date;
28             (iii) one hundred twenty hours of pay at the state officer or em-
29       ployee's regular hourly rate of pay on the date the employee is laid off if
30       such employee has completed three full years of service but less than four
31       full years of service on the layoff date; or
32             (iv) one hundred sixty hours of pay at the state officer or employee's
33       regular hourly rate of pay on the date the employee is laid off if the
34       employee has completed four full years of service or more on the layoff
35       date.
36             (b) As used in this section, ``direct care employee'' means state offi-
37       cers or employees in the classified service under the Kansas civil service
38       act who: (1) Are exempt from the provisions of K.S.A. 75-6801 and
39       amendments thereto as prescribed in policies and procedures prescribed
40       by the secretary of administration, including but not limited to state of-
41       ficers and employees whose positions are in the following job class series:
42       (A) Activity therapist, (B) activity therapy technician, (C) licensed mental
43       health technician, (D) licensed mental health technician specialist, (E)


19

  1       licensed practical nurse, (F) licensed practical nurse, senior, (G) mental
  2       health aide, (H) radiologic technologist, (I) registered nurse, (J) activity
  3       specialist, (K) mental retardation specialist, (L) mental retardation tech-
  4       nician, and (M) mental retardation trainee; or
  5             (2) are in positions that are assigned to job classes or job class series
  6       that are designated as direct care employee job classes or job class series
  7       by the secretary of social and rehabilitation services for purposes of this
  8       section, except that no such designation shall be effective until the sec-
  9       retary of social and rehabilitation services has presented such designation
10       to the SRS transition oversight committee created by K.S.A. 1997 1999
11       Supp. 46-2701 and amendments thereto.
12             (c) As used in this section, ``department'' means (1) the department
13       of social and rehabilitation services in the case of an officer or employee
14       employed by an institution or (2) the department of corrections in the
15       case of an officer or employee employed by the Topeka correctional
16       facility.
17             Sec.  14. K.S.A. 75-4376 is hereby amended to read as follows: 75-
18       4376. As used in K.S.A. 75-4370 through 75-4376 and amendments
19       thereto, except as otherwise specifically provided in such statutes:
20             (a) ``Institution'' means Topeka state hospital or, Winfield state hos-
21       pital and training center and Kansas industries for the blind of the de-
22       partment of social and rehabilitation services; and
23             (b) ``laid off'' means, (1) in the case of a state officer or employee in
24       the classified service under the Kansas civil service act, being laid off
25       under K.S.A. 75-2948 and amendments thereto and,; (2) in the case of a
26       state officer or employee in the unclassified service under the Kansas civil
27       service act, being terminated from employment with the state agency by
28       the appointing authority, except that ``laid off'' shall not include any sep-
29       aration from employment pursuant to a budget reduction or expenditure
30       authority reduction and a reduction of F.T.E. positions under K.S.A. 75-
31       6801 and amendments thereto; and (3) in the case of blind persons em-
32       ployed by Kansas industries for the blind, being terminated or otherwise
33       separated from employment at Kansas industries for the blind at the fa-
34       cilities located on the Topeka state hospital property because Kansas in-
35       dustries for the blind is closed, abolished or otherwise ceases operations
36       as a state program at such location; and
37             (c) ``Topeka state hospital property'' has the meaning ascribed thereto
38       by K.S.A. 1999 Supp. 75-37,123 and amendments thereto.
39             Sec.  15. K.S.A. 1999 Supp. 75-6801 is hereby amended to read as
40       follows: 75-6801. (a) As used in this section:
41             (1) ``Executive secretary'' means the executive secretary of the Kansas
42       public employees retirement system.
43             (2) ``F.T.E. positions'' means the number of full time and regular part


20

  1       time positions equated to full time, excluding seasonal and temporary
  2       positions, paid from appropriations.
  3             (3) ``Head of the governmental branch'' means the governor, in the
  4       case of the executive branch; and the legislative coordinating council, in
  5       the case of the legislative branch.
  6             (4) ``Retiree'' means any person electing to retire pursuant to K.S.A.
  7       74-4914, and amendments thereto, except that ``retiree'' shall not include
  8       (A) any person who is retiring from a position which provides direct care
  9       for patients at Topeka state hospital, Osawatomie state hospital, Rainbow
10       mental health facility or Larned state hospital, Kansas neurological insti-
11       tute, Parsons state hospital and training center, Winfield state hospital
12       and training center, university of Kansas medical center, Atchison juvenile
13       correctional facility, Beloit juvenile correctional facility, Larned juvenile
14       correctional facility, Topeka juvenile correctional facility, Kansas soldiers'
15       home and Kansas veterans' home, or (B) any person who is retiring from
16       the Topeka correctional facility due to the transfer of the reception and
17       diagnostic unit from the Topeka correctional facility to the El Dorado
18       correctional facility.
19             (b) The executive secretary shall provide the head of the govern-
20       mental branch notice of the name, employing state agency and retirement
21       date of each retiree retiring after the effective date of this act and such
22       other information that may be prescribed by the head of the govern-
23       mental branch.
24             (c)  (1) Upon receipt of each notice pursuant to subsection (b) re-
25       garding a retiree employed by a state agency in the executive branch, the
26       governor shall direct the secretary of administration to reduce by one the
27       number of F.T.E. positions authorized for the state agency that employed
28       the retiree and reduce the expenditure authority of such state agency in
29       an amount attributable to the amount of unused salary and employer-
30       paid benefits attributable to the retiree's job position.
31             (2) Upon receipt of each notice pursuant to subsection (c) regarding
32       a retiree employed by a state agency in the legislative branch, the legis-
33       lative coordinating council shall reduce by one the number of F.T.E.
34       positions for the state agency that employed the retiree and reduce the
35       expenditure authority of such state agency in an amount attributable to
36       the retiree's job position.
37             (d)  (1) For reductions made in the executive branch of government,
38       the governor is authorized to restore or allocate, to any state agency or
39       agencies within the executive branch, no more than 3/4 of the F.T.E.
40       positions and expenditure authority reductions made pursuant to subsec-
41       tion (c)(1), except that, upon request of the governor, the reduced num-
42       ber of authorized F.T.E. positions and the reduced amount of expendi-
43       ture authority established under subsection (c)(1) for a state agency in


21

  1       the executive branch of government may be increased upon approval by
  2       the state finance council acting on this matter which is hereby character-
  3       ized as a matter of legislative delegation and subject to the guidelines
  4       prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto.
  5             (2) For reductions made in the legislative branch of government, the
  6       legislative coordinating council is authorized to restore or allocate, to any
  7       state agency or agencies within the legislative branch, no more than 3/4 of
  8       the F.T.E. positions and expenditure authority reductions made pursuant
  9       to subsection (c)(2), except that, upon request of the agency head, the
10       reduced number of authorized F.T.E. positions and the reduced amount
11       of expenditure authority established under subsection (c) for a state
12       agency in the legislative branch of government may be increased upon
13       approval by the legislative coordinating council.
14             (e) The secretary of administration is authorized to prescribe such
15       policies and procedures as may be deemed necessary to carry out the
16       provisions of this section. 
17       Sec.  16. K.S.A. 74-4914c, 75-4370, 75-4371, 75-4372, 75-4373, 75-
18       4374, 75-4375 and 75-4376 and K.S.A. 1999 Supp. 46-233 and 75-6801
19       are hereby repealed.
20        Sec.  17. On July 1, 2000, K.S.A. 75-2929d and 75-2949 are hereby
21       repealed.
22        Sec.  18. This act shall take effect and be in force from and after its
23       publication in the Kansas register.