412             1997 Session Laws of Kansas             Ch. 115

An Act concerning state officers and employees; relating to the reimbursement of moving
expenses; concerning subsistence allowance for travel; amending K.S.A. 75-3207a and
K.S.A. 1996 Supp. 74-2114, 75-5250 and 76-727 and repealing the existing sections; also
repealing K.S.A. 1996 Supp. 75-3219 and 75-3224.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) The head of any state agency, as defined by
K.S.A. 75-3701, and amendments thereto, desiring qualified applicants
for any position in state service which requires professional, technical,
managerial or unusual qualifications may agree in writing to reimburse
such an applicant for all or part of the applicant's moving expenses as an
inducement to the applicant to accept employment with the state agency
or pay such moving expenses to a firm providing moving services. The
prior approval of the governor shall be required if the applicant resides
out-of-state. The amount to be paid for moving expenses shall not exceed
the amount of the actual moving expenses as verified by receipts.

(b) When state officers and employees are transferred within a state
agency or transferred between state agencies, the agency head may au-
thorize the payment of in-state moving expenses of such state officers and
employees. Such expenses shall not be paid when a transfer is made
primarily for the convenience or benefit of the employee or at the em-
ployee's request, or when the transfer results in the new official duty
station being less than 25 miles from the old station.

(c) Moving expenses may include, but not be limited to, the cost of
packing and transporting household goods and personal effects, tempo-
rary storage costs on household goods and personal effects for a period
not to exceed 30 days, subsistence expenses while en route from the old
residence to the new residence, subsistence expenses while occupying
temporary quarters in the new location and the expenses of one premove

Ch. 115             1997 Session Laws of Kansas             413

trip to look for a new residence. State officers, employees and applicants
receiving moving expenses shall be required to sign an agreement that if
they leave the employment of the state agency within one year from the
moving date or employment date, whichever is later, they will reimburse
the state agency the full amount so paid for moving expenses and the
obligation to so repay shall constitute a lien and setoff by the state against
such state officer, employee or applicant employee's unpaid wages or
salary. Such moving expenses shall be paid from moneys available or ap-
propriated to the state agency. The director of accounts and reports is
authorized to issue warrants against the appropriate agency fund for pay-
ment of any such moving expense upon submission to the director of a
duly itemized voucher therefor.

(d) Pursuant to K.S.A. 75-3706, and amendments thereto, the sec-
retary of administration may adopt rules and regulations regarding the
payment of moving expenses of state officers and employees under this
section, including procedures, conditions and limitations of payments.

(e) Each state agency which has incurred expenses under this section
shall report the amount of such expenses to the chairpersons of the com-
mittee on appropriations of the house of representatives and the com-
mittee on ways and means of the senate on or before January 10, 1998,
and January 10, 1999.

Sec. 2. K.S.A. 75-3207a is hereby amended to read as follows: 75-
3207a. (a) The secretary of administration shall establish the rates of sub-
sistence allowance for in-state and out-of-state travel for official purposes,
including travel to designated high-cost cities, and the rates so fixed. These
rates shall be paid to public officers and employees who are subject to
the provisions of K.S.A. 75-3207 and amendments thereto, or shall be
paid directly to lodging establishments. The secretary may authorize and
prescribe limitations and procedures for payment of such subsistence al-
lowances by separate categories for reimbursement for meal expenses
under a daily allowance basis and for reimbursement for lodging expenses
under an actual cost incurred basis, or may provide for the direct payment
of such lodging expenses to the lodging establishment. Advances for such
costs shall also be at the discretion of the secretary. Such rates, authori-
zations, limitations, procedures and other provisions for subsistence al-
lowances shall be established by rules and regulations adopted in the
manner prescribed by K.S.A. 75-3706 and amendments thereto.

(b) All such rates and designations shall be fixed only after consid-
eration by the secretary of actual costs incurred in such travel, the rates
allowed by the federal internal revenue service, and such other matters
as the secretary deems pertinent.

(c) The provisions of rules and regulations adopted pursuant to the
provisions of this section shall apply to all official travel on and after the
effective date of such rules and regulations.

414             1997 Session Laws of Kansas             Ch. 115

(d) Nothing in this section shall apply to the officers and employees
specified in K.S.A. 75-3216 and amendments thereto.

(e) The rates for lodging expense reimbursement and direct pay-
ments established by rules and regulations of the secretary of administra-
tion for in-state and out-of-state travel for official purposes by officers
and employees who are subject to this section, may be exceeded upon
written approval by the agency head, or the agency head's designee who
is responsible for approval of travel under K.S.A. 75-3208 and amend-
ments thereto, subject to policies adopted by the officer, board or com-
mission that appointed the agency head. In cases involving the official
travel of an individual who is an agency head or an appointive member
of a board, commission or similar body that appoints an agency head, no
approval to exceed such rates for lodging expense reimbursement to such
expenses for that individual shall be required unless the appointing au-
thority of such individual requires such written approval by the appointing
authority. In no case shall any lodging reimbursement expense under this
subsection exceed the lesser of either:

(1) The amount equal to the maximum applicable lodging expense
reimbursement authorized by rules and regulations adopted under this
section increased by 50%,; or

(2) the actual lodging expenses incurred during the official travel.

Sec. 3. K.S.A. 1996 Supp. 74-2114 is hereby amended to read as
follows: 74-2114. (a) The personnel of the Kansas highway patrol shall be
paid compensation for their services as determined by the superintendent
in accordance with provisions of applicable laws, rules and regulations.
Military service of any member of the Kansas highway patrol who leaves
or has left the patrol for the purpose of serving in any branch of the armed
forces of the United States, during any war or national emergency and
who returns to the patrol within 60 days after release therefrom, shall be
considered as service with the patrol for the purpose of calculating any
longevity pay increase. The governor shall determine when a national
emergency exists or has existed.

(b) The salary of each member of the Kansas highway patrol shall be
fixed by the superintendent in accordance with the Kansas civil service
act. All members of the patrol shall receive their actual and necessary
traveling expenses and all salaries shall be paid monthly. The Kansas high-
way patrol superintendent shall hold office at the pleasure of the gover-
nor. The personnel of the Kansas highway patrol other than the super-
intendent shall serve upon first appointment for a probationary period of
one year. The superintendent is authorized to assign any major, captain,
lieutenant, sergeant or trooper for duty other than the place to which
presently assigned. In such cases, the superintendent shall pay necessary
moving expense from moneys appropriated for the Kansas highway patrol

Ch. 115             1997 Session Laws of Kansas             415

from the state general fund and available therefor in accordance with
K.S.A. 75-3224, and amendments thereto section 1.

Sec. 4. K.S.A. 1996 Supp. 75-5250 is hereby amended to read as
follows: 75-5250. The officers of any correctional institution under the
supervision and control of the secretary of corrections shall consist of a
warden, who may reside at the correctional institution, and such other
officers and employees, including physicians and attorneys, as the secre-
tary deems necessary. The warden of each correctional institution shall
be appointed by the secretary. All other officers and employees of the
several correctional institutions shall be appointed by the warden of each
institution with the approval of the secretary. Subject to available appro-
priations, student interns may be appointed to temporary positions, the
duration of which shall not exceed 150 calendar days, as corrections of-
ficers of such institutions. Any physician or attorney so appointed and any
student intern appointed as a temporary corrections officer shall be in
the unclassified service under the Kansas civil service act. All other such
officers and employees shall be within the classified service under the
Kansas civil service act, but the residence requirements of the act shall
not apply. The secretary is hereby authorized for good cause to assign
and reassign the supervisory personnel, including the warden of any cor-
rectional institution, to any other correctional institution at any time with-
out the consent of such warden, officer or employee. The expenses of
moving caused by such assignment or reassignment shall be paid by the
department of corrections in accordance with K.S.A. 75-3224, and
amendments thereto section 1.

Sec. 5. K.S.A. 1996 Supp. 76-727 is hereby amended to read as fol-
lows: 76-727. (a) The chief executive officer of any state educational in-
stitution, when approved by the state board of regents, may extend an
invitation to any person to meet with representatives of such state edu-
cational institution for the purpose of consultation preliminary to such
person's possible selection as a member of the unclassified staff at such
state educational institution, and in such case, such state educational in-
stitution may pay the actual and necessary travel and subsistence expenses
of such invitee in meeting with such representatives. The state board of
regents may extend an invitation to any person to meet with the state
board of regents or with representatives of such board for the purpose of
consultation preliminary to such person's possible selection as chief ex-
ecutive officer of a state educational institution under the control and
supervision of the state board of regents or as executive officer of the
state board of regents, and in such case, the state board of regents may
pay the actual and necessary travel and subsistence expenses of such in-
vitee and such invitee's spouse in meeting with the board or with such
representatives. The travel and subsistence expenses shall be paid from
funds available or appropriated for travel and subsistence.

416             1997 Session Laws of Kansas             Ch. 115

(b) (1) Subject to the limitations of rules and regulations adopted by
the secretary of administration, the state board of regents may agree to
reimburse an applicant for the position of chief executive officer of a state
educational institution or an applicant for the position of executive officer
any position in the office of the state board of regents for all or part of
the applicant's moving expenses from the applicant's usual place of out-
of-state residence to the applicant's new place of residence in this state
as an inducement to the applicant to accept such position of employment.

(2) The amount to be paid for moving expenses shall not exceed the
amount of the actual moving expenses verified by receipts or the amount
of moving expenses for moving 12,000 pounds of household goods, which-
ever is the lesser amount. The applicant shall be required to sign an
agreement that if the applicant leaves the position of employment within
one year from the beginning date of employment, the applicant will re-
imburse the state board of regents the full amount so paid for moving
expenses, and the obligation to repay shall constitute a lien and setoff by
the state against the applicant employee's unpaid wages or salary. The
moving expenses shall be paid from funds available or appropriated for
moving expenses.

(c) The provisions of K.S.A. 75-3218 and 75-3219, and amendments
thereto, and subsection (a) of section 1, shall not apply to state educational
institutions or to the state board of regents, except that the provisions of
K.S.A. 75-3218, and amendments thereto, shall apply to employees of the
office of the state board of regents other than the executive officer of the
state board of regents.

(d) The chief executive officer of any state educational institution, or
any person or persons designated by such officer for the purpose, with
the approval of the state board of regents, may travel to any place or
places in the United States for the purpose of interviewing persons as
prospective members of the faculty of such state educational institution,
and in such case, such state educational institution shall pay the trans-
portation and subsistence expenses of persons making such trips. The
travel and subsistence shall be paid at the same rates and subject to the
same limitations as now provided for state employees for out-of-state
travel. The travel and subsistence shall be paid from funds available or
appropriated for travel and subsistence.

Sec. 6. K.S.A. 75-3207a and K.S.A. 1996 Supp. 74-2114, 75-3219, 75-
3224, 75-5250 and 76-727 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 22, 1997.