Session of 1999
SENATE BILL No. 387
By Legislative Budget Committee
12-15
9 AN ACT
establishing the department of public safety; providing for the
10 powers, duties and
functions thereof; repealing K.S.A. 74-2113, 75-
11 711, 75-1510 and
75-5117 and K.S.A. 1999 Supp. 65-6102.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. (a) There is hereby established a department of public
15 safety. The department shall be
administered under the direction and
16 supervision of the secretary of public
safety who shall be appointed by
17 the governor, subject to confirmation by
the senate as provided in K.S.A.
18 75-4315b, and amendments thereto, and who
shall serve at the pleasure
19 of the governor. The secretary shall be in
the unclassified service under
20 the Kansas civil service act and shall
receive an annual salary fixed by the
21 governor.
22 (b) The
provisions of the Kansas governmental operations accounta-
23 bility law apply to the office of secretary
of public safety and the depart-
24 ment of public safety, and the office and
department are subject to audit,
25 review and evaluation under such law.
26 Sec. 2. The
secretary of public safety may appoint, with the consent
27 of the governor, one public information
officer, one personal secretary
28 and one special assistant, all of whom
shall serve at the pleasure of the
29 secretary of public safety, shall be in the
unclassified service under the
30 Kansas civil service act and shall receive
an annual salary fixed by the
31 secretary of public safety with the
approval of the governor. The secretary
32 of public safety also may appoint such
other officers and employees as
33 are necessary to enable the secretary to
carry out the duties of the office
34 of the secretary and the department of
public safety. Except as otherwise
35 specifically provided by law, such officers
and employees shall be within
36 the classified service under the Kansas
civil service act. All personnel of
37 the department of public safety shall
perform the duties and functions
38 assigned to them by the secretary or
prescribed for them by law and shall
39 act for and exercise the powers of the
secretary of public safety to the
40 extent authority to do so is delegated by
the secretary.
41 Sec.
3. There is hereby established within and as a part of the
de-
42 partment of public safety, a division to be
known as the Kansas bureau
43 of investigation. The bureau shall be
administered under the supervision
2
1 of the secretary of public safety, by
the director of the bureau. The di-
2 rector of the bureau shall be
appointed by the secretary of public safety,
3 subject to confirmation by the senate
as provided in K.S.A. 75-4315b, and
4 amendments thereto, and shall have
special training and qualifications for
5 such position. The director of the
bureau shall serve at the pleasure of
6 the secretary. In accordance with
appropriation acts, the director shall
7 appoint agents who shall be trained
in the detection and apprehension of
8 criminals. The director shall appoint
an assistant director who shall have
9 the qualifications of an agent. The
director also may appoint a special
10 assistant and, in accordance with
appropriation acts, such administrative
11 employees as are necessary for the
efficient operation of the bureau. In
12 addition to such agents and administrative
employees and in accordance
13 with appropriation acts, the director may
appoint additional agents who
14 are trained and assigned only for the
investigation of organized crime and
15 the compensation for such agents shall be
paid from federal funds, if such
16 funds are made available for that purpose.
If federal funds are not avail-
17 able, the compensation of such agents shall
be paid from any other funds
18 made available for that purpose. No person
shall be appointed to a po-
19 sition within the Kansas bureau of
investigation if the person has been
20 convicted of a felony.
21 The director and
special assistant shall be in the unclassified service
22 under the Kansas civil service act and
shall receive an annual salary fixed
23 by the secretary of public safety, with the
approval of the governor. Any
24 assistant attorneys general assigned to the
bureau shall be within the un-
25 classified service under the Kansas civil
service act. The assistant director
26 and all other agents and employees of the
bureau shall be in the classified
27 service under the Kansas civil service act
and their compensation shall be
28 determined as provided in the Kansas civil
service act and shall receive
29 actual and necessary expenses. Narcotics
violation investigators shall have
30 the classified position of special agent
under the Kansas civil service act.
31 If a person who is
appointed as director was a member of the bureau
32 at the time of appointment as director, the
person, upon the expiration
33 of the term as director, shall be returned
to the regular classified position
34 under the Kansas civil service act that the
person held at the time of
35 appointment as director. If the position is
filled at that time, a temporary
36 additional position shall be created for
the person until a vacancy exists
37 in the position. While serving in the
temporary additional position, the
38 former director shall continue to be a
contributing member of the retire-
39 ment system for the agents of the Kansas
bureau of investigation under
40 which the former director was covered while
serving as director.
41 Each agent of the
bureau shall subscribe to an oath to faithfully dis-
42 charge the duties of such agent's office,
as is required of other public
43 officials.
3
1 Sec.
4. (a) There is hereby established within and as a part of
the
2 department of public safety a
division to be known as the Kansas highway
3 patrol. The patrol shall consist of:
(1) A superintendent, who shall have
4 the rank of colonel and who shall
have special training and qualifications
5 for such position; (2) an assistant
superintendent, who shall have the rank
6 of lieutenant colonel; and (3)
officers and troopers who are appointed in
7 accordance with appropriation acts
and as provided in this section. The
8 superintendent and assistant
superintendent shall be within the unclas-
9 sified service under the Kansas civil
service act. The assistant superinten-
10 dent serving on the effective date of this
act shall be appointed to such
11 position by the superintendent. Thereafter,
the assistant superintendent
12 shall be appointed by the superintendent
from among the members of
13 the patrol, and shall serve at the pleasure
of the superintendent. If a
14 person appointed as superintendent or
assistant superintendent is a mem-
15 ber of the patrol when appointed, such
person in each case, upon ter-
16 mination of the term as superintendent or
assistant superintendent, re-
17 spectively, shall be returned to a rank not
lower than the rank such person
18 held when appointed as superintendent or
assistant superintendent. If
19 such rank is filled at that time, a
temporary additional position shall be
20 created in such rank until a vacancy occurs
in such rank. All other officers,
21 troopers and employees shall be within the
classified service under the
22 Kansas civil service act.
23 (b) The
superintendent of the patrol shall be appointed by the sec-
24 retary of public safety, subject to
confirmation by the senate as provided
25 in K.S.A. 75-4315b, and amendments thereto,
and shall receive an annual
26 salary fixed by the secretary of public
safety, with the approval of the
27 governor. The assistant superintendent
shall receive an annual salary fixed
28 by the superintendent and approved by the
governor.
29 (c) All other
members of the patrol shall be appointed by the super-
30 intendent in accordance with appropriation
acts and with the Kansas civil
31 service act. No person shall be appointed
as an officer of the patrol, other
32 than superintendent, unless the person has
had at least five years of serv-
33 ice in the patrol as an officer or trooper.
No person shall be appointed as
34 a trooper unless the person meets the
following requirements:
35 (1) Is a citizen
of the United States;
36 (2) is at least
21 years of age at the time of appointment;
37 (3) has not been
convicted by any state or the federal government of
38 a crime which is a felony or its equivalent
under the uniform code of
39 military justice;
40 (4) has been
fingerprinted and a search of local, state and national
41 fingerprint files has been made to
determine whether the applicant has
42 a criminal record;
43 (5) is the holder
of a high school diploma or furnishes evidence of
4
1 successful completion of an
examination indicating an equivalent achieve-
2 ment; and
3 (6) is free
of any physical or mental condition which might adversely
4 affect the applicant's performance of
duties as a trooper and whose phys-
5 ical health has been certified by an
examining physician appointed by the
6 superintendent.
7 (d) No
member of the patrol shall hold any other elective or appoint-
8 ive commission or office, except in
the Kansas national guard or in the
9 organized reserve of the United
States army, air force or navy. No mem-
10 ber of the patrol shall accept any
employment or compensation from any
11 licensee of the director of alcoholic
beverage control of the department
12 of revenue or from any licensee of the
Kansas racing commission or from
13 any officer, director, member or employee
of any such licensee, nor shall
14 any member of the patrol accept any
employment or compensation for
15 services which require the use of any
state-owned equipment provided
16 by the Kansas highway patrol or the wearing
of the patrol uniform. No
17 member of the patrol shall accept any
reward or gift except with the
18 written permission of the
superintendent.
19 (e) No member of
the patrol, including the superintendent, shall in
20 any way be active or participate in any
political contest in any primary,
21 general or special election or participate
in politics, except to cast such
22 member's ballot. For any violation of this
provision, the offender shall be
23 summarily removed by the superintendent
from the patrol.
24 Sec.
5. There is hereby established within and as a part of the
de-
25 partment of public safety, the division of
fire protection. The division shall
26 be administered, under the supervision of
the secretary of public safety,
27 by the state fire marshal. The state fire
marshal shall be appointed by the
28 secretary of public safety, subject to
confirmation by the senate as pro-
29 vided in K.S.A. 75-4315b, and amendments
thereto, and shall serve at
30 the pleasure of the secretary. The state
fire marshal shall be in the un-
31 classified service under the Kansas civil
service act and shall receive an
32 annual salary fixed by the secretary of
public safety, with the approval of
33 the governor. Any person appointed as state
fire marshal shall have a
34 knowledge of building construction and, at
the time of appointment, shall
35 have had not less than five years'
experience in fire safety inspection and
36 investigation. The state fire marshal shall
maintain an office in the city of
37 Topeka.
38 Sec.
6. There is hereby established, within and as a part of the
de-
39 partment of public safety, a division of
alcoholic beverage control. The
40 division shall be administered, under the
supervision of the secretary of
41 public safety, by the director of alcoholic
beverage control. The secretary
42 of public safety shall appoint the director
of alcoholic beverage control,
43 subject to confirmation by the senate as
provided in K.S.A. 75-4315b, and
5
1 amendments thereto, and the director
shall serve at the pleasure of the
2 secretary of public safety. The
director of alcoholic beverage control shall
3 be in the unclassified service and
shall receive an annual salary fixed by
4 the secretary of public safety, with
the approval of the governor.
5 Sec.
7. There is hereby established within and as a part of the
de-
6 partment of public safety a division
of emergency medical services. The
7 division shall be administered, under
the supervision of the secretary of
8 public safety, by the director of
emergency medical services, who shall
9 be the chief administrative officer
of the division. The director shall be
10 appointed by the secretary of public safety
and shall serve at the pleasure
11 of the secretary. The director shall be in
the unclassified service under
12 the Kansas civil service act and shall
receive an annual salary fixed by the
13 secretary of public safety, with the
approval of the governor.
14 Sec. 8. (a)
There is hereby established the emergency medical serv-
15 ices advisory board. The board shall be
within the department of public
16 safety.
17 (b) The emergency
medical services advisory board shall be com-
18 posed of 13 members to be appointed as
follows:
19 (1) Nine members
shall be appointed by the governor. Of such
20 members:
21 (A) One shall be
a member of the Kansas medical society who is
22 actively involved in emergency medical
services;
23 (B) two shall be
county commissioners of counties making a levy for
24 ambulance service, at least one of whom
shall be from a county having a
25 population of less than 15,000;
26 (C) one shall be
an instructor-coordinator;
27 (D) one shall be
a hospital administrator actively involved in emer-
28 gency medical services;
29 (E) one shall be
a member of a firefighting unit which provides emer-
30 gency medical service; and
31 (F) three shall
be attendants who are actively involved in emergency
32 medical service. At least two
classifications of attendants shall be repre-
33 sented. At least one of such members shall
be from a volunteer emergency
34 medical service; and
35 (2) four members
shall be appointed as follows:
36 (A) One shall be
a member of the Kansas senate to be appointed by
37 the president of the senate;
38 (B) one shall be
a member of the Kansas senate to be appointed by
39 the minority leader of the senate;
40 (C) one shall be
a member of the Kansas house of representatives to
41 be appointed by the speaker of the house of
representatives; and
42 (D) one shall be
a member of the Kansas house of representatives to
43 be appointed by the minority leader of the
house of representatives.
6
1 All members of
the board shall be residents of the state of Kansas.
2 Appointments to the board shall be
made with due consideration that
3 representation of the various
geographical areas of the state is ensured.
4 Any person appointed to a position on
the board shall forfeit such position
5 upon vacating the office or position
which qualified such person to be
6 appointed as a member of the
board.
7 (c) Of the
members first appointed to the board, four shall be ap-
8 pointed for terms of one year, three
for terms of two years, three for
9 terms of three years and three for
terms of four years. Thereafter, mem-
10 bers shall be appointed for terms of four
years and until their successors
11 are appointed and qualified. In the case of
a vacancy in the membership
12 of the board, the vacancy shall be filled
for the unexpired term.
13 (d) The board
shall meet at least once each calendar quarter and at
14 the call of the chairperson or at the
request of the director of the division
15 of emergency medical services. At the first
meeting of the board after
16 January 1 of each year, the members shall
elect a chairperson and a vice-
17 chairperson who shall serve for a term of
one year. The vice-chairperson
18 shall exercise all of the powers of the
chairperson in the absence of the
19 chairperson. If a vacancy occurs in the
office of the chairperson or vice-
20 chairperson, the board shall fill such
vacancy by election of one of its
21 members to serve the unexpired term of such
office. Members of the
22 board attending meetings of the board or
attending a subcommittee
23 meeting thereof authorized by the board
shall be paid compensation,
24 subsistence allowances, mileage and other
expenses as provided in K.S.A.
25 75-3223, and amendments thereto.
26 (e) Except as
otherwise provided by law, all vouchers for expenditures
27 and all payrolls of the emergency medical
services advisory board shall
28 be approved by the secretary of the
department of public safety or a
29 person designated by the secretary.
30 (f) The emergency
medical services advisory board shall advise the
31 secretary of public safety and the director
of the division of emergency
32 medical services.
33 Sec. 9. On
the effective date of this act, the following state offices,
34 divisions and boards shall be and are
hereby abolished:
35 (a) The Kansas
bureau of investigation established by K.S.A. 75-711,
36 and amendments thereto;
37 (b) the Kansas
highway patrol, established by K.S.A. 74-2113, and
38 amendments thereto;
39 (c) the office of
the state fire marshal, established by K.S.A. 75-1510,
40 and amendments thereto;
41 (d) the division
of alcoholic beverage control, within the department
42 of revenue, established by K.S.A. 75-5117,
and amendments thereto; and
43 (e) the emergency
medical services board, established under K.S.A.
7
1 65-6102, and amendments thereto.
2 Sec.
10. (a) On the effective date of this act, all of the powers,
duties,
3 functions, records and property of
the state offices, divisions and board
4 abolished by this act, including the
power to administer, expend and dis-
5 tribute funds now or hereafter made
available in accordance with appro-
6 priation acts, shall be and hereby
are transferred to and conferred and
7 imposed upon the secretary of the
department of public safety. The sec-
8 retary of public safety shall be the
successor in every way to the powers,
9 duties and functions of the abolished
state offices, divisions and board, in
10 which the same were vested prior to the
effective date of this act. The
11 department of public safety shall be a
continuation of the abolished state
12 offices, divisions and board, and every act
performed under the authority
13 of the secretary of public safety shall be
deemed to have the same force
14 and effect as if performed by the
respective office, division or board in
15 which the authority to perform such act was
vested prior to the effective
16 date of this act.
17 (b) On and after
the effective date of this act, whenever the state
18 offices, divisions or board abolished by
this act are referred to or desig-
19 nated by a statute, contract or other
document, such reference or des-
20 ignation shall be deemed to apply to the
secretary of public safety.
21 (c) All rules and
regulations of the abolished state offices, divisions
22 or board in existence on June 30, 2001,
shall continue to be effective and
23 shall be deemed to be duly adopted rules
and regulations of the secretary
24 of public safety until revised, amended,
revoked or nullified pursuant to
25 law.
26 (d) All policies,
orders and directives of the abolished state offices,
27 divisions or board in existence on June 30,
2001, shall continue to be
28 effective and shall be deemed to be orders
and directives of the secretary
29 of public safety until revised, amended or
nullified pursuant to law.
30 Sec.
11. (a) The secretary of public safety shall provide that all
offi-
31 cers and employees of the abolished state
offices, divisions or board who
32 are engaged in the exercise and performance
of the powers, duties and
33 functions transferred by this act are
transferred to the department of
34 public safety if the secretary of public
safety deems that the transfer of
35 such officers and employees is necessary to
the exercise and performance
36 of such powers, duties and functions.
37 (b) Officers and
employees of the abolished state offices, divisions or
38 board who are transferred to the department
of public safety shall retain
39 all retirement benefits and leave rights
which had accrued or vested prior
40 to the date of transfer. The service of
each such officer and employee so
41 transferred shall be deemed to have been
continuous. All transfers, layoffs
42 and abolition of classified service
positions under the Kansas civil service
43 act which may result from transfers of
powers, duties and functions shall
8
1 be made in accordance with the civil
service laws and any rules and reg-
2 ulations adopted thereunder. Nothing
in this act shall affect the classified
3 status of any transferred person
employed by the abolished state offices,
4 divisions or board prior to the date
of transfer. The secretary of public
5 safety shall be responsible for
administering any layoff that is a part of
6 the transfer. Notwithstanding the
date of transfer of personnel from the
7 abolished state offices, divisions or
board to the department of public
8 safety pursuant to the provisions of
this act, the date of such transfer shall
9 be effective at the start of a
payroll period.
10 Sec.
12. (a) When any conflict arises as to the disposition of
any
11 power, function or duty or the unexpended
balance of any appropriation
12 as a result of any abolition, transfer or
change effected by or under au-
13 thority of this act, such conflict shall be
resolved by the governor, whose
14 decision shall be final.
15 (b) On the
effective date of this act, the secretary of public safety
16 shall succeed to all property and records
which were used for or pertain
17 to the performance of the powers, duties
and functions transferred to the
18 secretary. Any conflict as to the proper
disposition of property or records
19 arising under this section, and resulting
from any abolition or transfer of
20 powers, duties and functions effected by or
under authority of this act,
21 shall be determined by the governor, whose
decision shall be final.
22 Sec.
13. (a) On and after the effective date of this act, the
secretary
23 of public safety shall have the legal
custody of all records, memoranda,
24 writings, entries, prints, representations
or combinations thereof of any
25 act, transaction, occurrence or event of
any of the abolished state offices,
26 divisions or board thereof.
27 (b) No suit,
action or other proceeding, judicial or administrative,
28 lawfully commenced, or which could have
been commenced, by or against
29 any state agency or program mentioned in
this act, or by or against any
30 officer of the state in such officer's
official capacity or in relation to the
31 discharge of such officer's official
duties, shall abate by reason of this act.
32 The court may allow any such suit, action
or other proceeding to be
33 maintained by or against the successor of
any such state agency or any
34 officer affected.
35 (c) No criminal
action commenced or which could have been com-
36 menced by the state shall abate by reason
of the governmental reorgan-
37 ization effected under the provisions of
this act.
38 Sec.
14. (a) On the effective date of this act, the balance of all
funds
39 appropriated and reappropriated to the
abolished state offices, divisions
40 or board are hereby transferred to the
department of public safety and
41 shall be used only for the purpose for
which the appropriation was orig-
42 inally made.
43 (b) On the
effective date of this act, the liability for all accrued com-
9
1 pensation or salaries of officers and
employees who, immediately prior to
2 such date, were engaged in the
performance of powers, duties or func-
3 tions of the abolished state offices,
divisions or board shall be assumed
4 and paid by the secretary of public
safety.
5 Sec.
15. The secretary of public safety shall appoint a chief
attorney
6 for the department of public safety,
who shall serve at the pleasure of the
7 secretary. The chief attorney shall
be in the unclassified service under the
8 Kansas civil service act and shall
receive an annual salary fixed by the
9 secretary of public safety, with the
approval of the governor. The secretary
10 of public safety also may appoint
additional attorneys for the department
11 of public safety. Such additional attorneys
shall be in the unclassified
12 service under the Kansas civil service act,
shall receive an annual salary
13 fixed by the secretary of public safety,
with the approval of the governor,
14 and shall be subject to assignment and
reassignment of duties within the
15 department of public safety as may be
determined by the chief attorney.
16 Sec.
16. The secretary of public safety may organize the
department
17 of public safety in the manner the
secretary deems most efficient, so long
18 as the same is not in conflict with the
provisions of law, and the secretary
19 may establish policies governing the
transaction of all business of the
20 department and the administration of each
of the divisions within the
21 department.
22 Sec.
17. The secretary of public safety shall have the legal
custody of
23 all records, memoranda, writings, entries,
prints, representations or com-
24 binations thereof of any act, transaction,
occurrence or event of the de-
25 partment of public safety.
26 Sec. 18. K.S.A. 74-2113, 75-711,
75-1510 and 75-5117 and K.S.A.
27 1999 Supp. 65-6102 are hereby repealed.
28 Sec. 19. This act shall
take effect and be in force from and after July
29 1, 2001, and its publication in the statute
book.