reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5531 State employee payroll deductions for contributions to charitable organizations; definitions.

75-5531.
State employee payroll deductions for contributions to charitable organizations; definitions.
As used in K.S.A. 75-5531 to 75-5534, inclusive, and amendments thereto:
(a) "Community health charities" means community health charities of Kansas and Missouri, Inc.
(b) "State employee" or "employee" means any appointed or elective officer or any employee of the state of Kansas.
(c) "United way organization" means the organization conducting a single, annual, consolidated effort to secure funds for distribution to agencies engaged in charitable, public health, welfare or service purposes, which commonly is known as the united way. Such term includes the united fund, the community chest or any other organization which serves in communities or areas of the state where the united way is not organized.
History:
L. 1979, ch. 277, § 1; L. 2002, ch. 192, § 7; L. 2006, ch. 120, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5532 Same; notification by employing agency of employee authorization; amounts deducted, limits; authorization withdrawal or modification; payroll deduction plan.

75-5532.
Same; notification by employing agency of employee authorization; amounts deducted, limits; authorization withdrawal or modification; payroll deduction plan.
(a) Upon notification of an employing agency's receipt of written authorization by any state employee, the director of accounts and reports shall make periodic deductions of amounts as specified in such authorization from the salary or wages of such state employee for the purpose of contributing to a united way organization or community health charities and shall make payments of such amounts in accordance with such authorization and the payroll deduction plan adopted under subsection (b). Any amounts deducted from the salary or wages of such state employee pursuant to such authorization shall be subject to the maximum and minimum amounts established by rules and regulations adopted under K.S.A. 75-5534, and amendments thereto. Any such written authorization may be withdrawn or modified by such state employee upon filing written notice of withdrawal or modification in the manner and at the times prescribed in rules and regulations adopted under K.S.A. 75-5534, and amendments thereto.
(b) As part of the system of payroll accounting formulated under K.S.A. 75-5501, and amendments thereto, the director of accounts and reports shall establish a payroll deduction plan for the purpose of making contributions to united way organizations and to community health charities by state employees. Such plan shall be administered by the director of accounts and reports in accordance with rules and regulations adopted under K.S.A. 75-5534, and amendments thereto, and such additional accounting procedures as may be prescribed by the director of accounts and reports.
History:
L. 1979, ch. 277, § 2; L. 1990, ch. 318, § 5; L. 2006, ch. 120, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5533 Same; fees for making payroll deductions and payments; manner of collection; disposition.

75-5533.
Same; fees for making payroll deductions and payments; manner of collection; disposition.
(a) The director of accounts and reports shall charge and collect a fee for making payroll deductions and payments authorized under K.S.A. 75-5531 to 75-5534, inclusive, and amendments thereto. Such fees shall be fixed in an amount equal to the total costs incurred in making the necessary transfers and transactions, including administrative costs, to accomplish the purpose involved as determined by the director of accounts and reports with the approval of the secretary of administration. The fees fixed shall be levied against and shall be paid by the united way organization or community health charities which receives payments pursuant to written authorizations by state employees under this section. Such fees shall be paid as part of each transaction remitting payments to the united way organization or community health charities.
(b) All moneys received by the director of accounts and reports from the fees levied under this section shall be remitted to the state treasurer in accordance with the provisions [of] K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the accounting services recovery fund.
History:
L. 1979, ch. 277, § 3; L. 2001, ch. 5, § 402; L. 2006, ch. 120, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5534 Same; rules and regulations for administration, prohibited acts.

75-5534.
Same; rules and regulations for administration, prohibited acts.
The secretary of administration, upon the recommendation of the director of accounts and reports, may adopt rules and regulations as provided in K.S.A. 75-3706, and amendments thereto, for the implementation and administration of K.S.A. 75-5531 to 75-5534, inclusive, and amendments thereto. Such rules and regulations shall include: (a) Provisions prohibiting the use of official action or threat of official action by a state employee to coerce or attempt to coerce a subordinate state employee to contribute to a united way organization or community health charities; and (b) maximum and minimum limitations on the amounts to be deducted from the salary or wages of any state employee and provisions for the modification or withdrawal of any authorization to make periodic deductions for the purpose of making contributions to united way organizations or community health charities.
History:
L. 1979, ch. 277, § 4; L. 1983, ch. 291, § 6; L. 2006, ch. 120, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5535 State officers and employees payroll deductions for parking fees; authorization.

75-5535.
State officers and employees payroll deductions for parking fees; authorization.
The director of accounts and reports shall make payroll deductions from the salary and wages of state officers and employees for parking fees charged such officers and employees in accordance with K.S.A. 75-4506 for use of state parking facilities, when authorized to make such deductions by the written, voluntary authorization of such officers and employees.
History:
L. 1979, ch. 291, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5536 State agency payroll deduction plans.

75-5536.
State agency payroll deduction plans.
(a) As used in this section, "agency payroll deduction" means a payroll deduction established by a state agency from the salary or wages of a state employee of the state agency for (1) payment of fees, charges or other payments owed to a state agency, (2) contributions to the endowment association or foundation for a state agency which is a state educational institution, as defined by K.S.A. 76-711 and amendments thereto, and which employs the state employee, or (3) other payments for which the employee's state agency has been performing a function of receiving payments for distribution to another firm or entity and such function was ongoing prior to January 1, 1990. "Agency payroll deduction" shall not include any deduction directly affecting amounts to be withheld or reported for federal, state and local income taxes.
(b) A state agency may establish an agency payroll deduction plan pursuant to this section. Each proposed agency payroll deduction plan shall be submitted to the director of accounts and reports, who shall review the plan and then forward a copy to the secretary of administration together with any recommendations and comments. The plan shall specify the conditions, limitations and restrictions applicable to the plan. The conditions, limitations and restrictions of the plan may include, but are not limited to, maximum and minimum limitations on the amount to be deducted from the salaries or wages and provisions for the modification or withdrawal of any authorization for any agency payroll deduction by an employee.
(c) Implementation or continuation of any agency payroll deduction plan shall be subject to the approval of the secretary of administration to assure that adequate data processing and accounting resources are available for proper functioning of the plan.
(d) An agency payroll deduction plan established pursuant to this section shall be administered by the state agency establishing the plan in accordance with this section and in accordance with the accounting and payroll procedures approved for such plan by the director of accounts and reports.
(e) No payroll deduction shall be made from the salary or wages of any employee under an agency payroll deduction plan except upon written authorization of such employee. Any amounts deducted from the salary or wages of an employee may be subject to maximum and minimum amounts which are established by the state agency under this section. Any such written authorization may be withdrawn or modified by the employee upon filing written notice of such withdrawal of modification in the manner and at the times prescribed by the state agency under the agency payroll deduction plan established under this section.
History:
L. 1990, ch. 296, § 1; January 1, 1991.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5537 Overtime compensation, determinations; holidays counted as time worked, when.

75-5537.
Overtime compensation, determinations; holidays counted as time worked, when.
(a) Except as otherwise required by federal law or by the provisions of this section, after June 11, 2000, any rule and regulation relating to overtime compensation for state employees adopted by the secretary of administration shall provide that only hours actually worked may be considered in determining whether overtime compensation is due and the amount of overtime compensation due, whether in the form of overtime pay or compensatory time off in lieu of overtime pay. After June 11, 2000, to the extent that any rule and regulation previously adopted by the secretary of administration contains a provision contrary to this section, that portion of the rule and regulation, and documents pertaining to such portion of the rule and regulation, shall have no effect and shall not be enforced.
(b) Each official state holiday which occurs within a regularly scheduled workweek may be counted as time worked in determining the amount of overtime work for state employees.
History:
L. 1994, ch. 352, § 3; L. 2000, ch. 112, § 2; July 11.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5541 Longevity bonus payments; eligibility; limitations; administration.

75-5541. Longevity bonus payments; eligibility; limitations; administration.
(a) Except as otherwise provided by this section, each classified employee, excluding any such employee who is on temporary appointment, shall receive a bonus as provided by this section, which shall be referred to as a longevity bonus, under the terms and conditions and subject to the limitations prescribed by this section.
(b) After June 30, 1989, any such officer or employee who has been employed by any agency, board or department within any branch of state government, whether or not the entire period of service is continuous with the same agency, board or department, shall be eligible to receive a longevity bonus upon completion of 120 months of state service. Length of service and service anniversary dates shall be determined pursuant to rules and regulations adopted by the secretary of administration.
(c) The amount of each longevity bonus payment shall be computed by multiplying $40 by the number of full years of state service, not to exceed 25 years, rendered by such officer or employee as of the service anniversary date within such fiscal year.
(d) Each longevity bonus payment shall be included in the employee's regular pay warrant. The amount of the bonus shall be displayed separately on the warrant stub or advice.
(e) Longevity bonus payments shall be compensation, within the meaning of K.S.A. 74-4901 et seq., and amendments thereto, for all purposes under the Kansas public employees retirement system and shall be subject to applicable deductions for employee contributions notwithstanding the fact that payments are made annually. Longevity bonus payments shall be in addition to the regular earnings to which an officer or employee may become entitled or for which such employee may become eligible.
(f) The purpose of longevity pay is to recognize permanent employees who have provided experience and faithful long-term service to the state of Kansas in order to encourage officers and employees to remain in the service of the state. The provisions of this section shall apply to fiscal years commencing after June 30, 1989. The amendatory language of this section shall be construed to confirm that longevity pay is intended, and has been intended since its enactment, to be a bonus as defined in 29 C.F.R. § 778.208.
(g) In accordance with the provisions of K.S.A. 75-3706, and amendments thereto, the secretary of administration shall adopt rules and regulations to implement the provisions of this section with respect to officers and employees in the executive branch of state government.
(h) The provisions of this section shall not apply to any state officer or employee who is employed or re-employed as a state officer or employee on or after June 15, 2008.
History:
L. 1989, ch. 260, § 3; L. 1994, ch. 352, § 4; L. 1995, ch. 132, § 6; L. 2008, ch. 159, § 23; L. 2014, ch. 82, § 40; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5543 Same; leave payment reserve assessment; rate and amount of assessment; gross wages defined.

75-5543.
Same; leave payment reserve assessment; rate and amount of assessment; gross wages defined.
(a) Commencing with the first payroll period chargeable to funds appropriated for the fiscal year beginning on July 1, 1994, and for each payroll period thereafter, each state agency shall certify with each payroll, the amount of each leave payment reserve assessment for such state agency, not in conflict with appropriations therefor. The director of accounts and reports shall transfer the amount of each leave payment reserve assessment for such state agency to the credit of the state leave payment reserve fund.
(b) For fiscal years beginning July 1, 1994, and each July 1 thereafter, the secretary of administration shall determine annually the rate of the leave payment reserve assessment for all state agencies based upon the experience of all state agencies. Such rate shall be expressed as a percentage and shall be the same for all state agencies. The secretary of administration may utilize actuarial and other professional assistance in determining the rate of the leave payment reserve assessment under this section. On or before July 15, 1994, and each July 15 thereafter, the director of the budget shall notify each state agency of the rate of the leave payment reserve assessment for the next fiscal year. The secretary of administration may adjust the rate of the leave payment reserve assessment during a fiscal year as necessary to pay projected expenditures as they become due.
(c) The amount of the leave payment reserve assessment for each state agency shall be determined by multiplying the total gross wages for each employee for each payroll period of such state agency, by the rate of the leave payment reserve assessment for the fiscal year.
(d) As used in this section "gross wages" means all compensation for services, including commissions, bonuses, back pay and the value of all remuneration including benefits paid in any medium other than cash. For purposes of this section, "gross wages" shall not include any payments made by the state board of regents pursuant to the provisions of subsection (5) of K.S.A. 74-4927a, and amendments thereto, to a member of the faculty or other person defined in subsection (1)(a) of K.S.A. 74-4925, and amendments thereto.
History:
L. 1992, ch. 207, § 2; L. 1994, ch. 176, § 2; L. 2006, ch. 168, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5544 Same; manner in which compensation made.

75-5544.
Same; manner in which compensation made.
Compensation for accumulated sick and vacation leave on retirement from state service arising on and after July 1, 1994, shall be made from the state leave payment reserve fund in the manner specified by the secretary of administration.
History:
L. 1992, ch. 207, § 3; L. 1994, ch. 176, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5545 Same; rules and regulations.

75-5545.
Same; rules and regulations.
The secretary of administration may adopt rules and regulations necessary for the administration of the state leave payment reserve fund, including the processing of payments from such fund. Such rules and regulations shall be subject to the provisions of K.S.A. 75-3706 and amendments thereto and shall be adopted in accordance therewith.
History:
L. 1992, ch. 207, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5546 Disaster service volunteer leave; citation of act.

75-5546.
Disaster service volunteer leave; citation of act.
This act shall be known and may be cited as the disaster service volunteer leave act.
History:
L. 1993, ch. 33, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5547 Same; definitions.

75-5547.
Same; definitions.
As used in this act:
(a) "State agency" means any state office or officer, department, board, commission, institution, bureau or any agency, division or unit within any office, department, board, commission or other state authority or any person requesting a state appropriation;
(b) "disaster" includes disasters designated at level II and above in the American national red cross regulations and procedures.
History:
L. 1993, ch. 33, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5548 Same; leave from work with pay for certified disaster service volunteers of American red cross; rate of compensation and preservation of benefits; when leave may be granted.

75-5548.
Same; leave from work with pay for certified disaster service volunteers of American red cross; rate of compensation and preservation of benefits; when leave may be granted.
An employee of a state agency who is a certified disaster service volunteer of the American red cross may be granted leave from work with pay for not more than 20 working days in any twelve-month period to participate in specialized disaster relief services for the American red cross, upon the request of the American red cross for the services of that employee and upon the approval of that employee's state agency, without loss of seniority, pay, vacation leave, compensatory time, personal vacation days, sick leave or earned overtime accumulation. The state agency shall compensate an employee granted leave under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work. An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of workers compensation. An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of the Kansas tort claims act. Leave under this act shall be granted only for services related to a disaster occurring within the state of Kansas and states contiguous to Kansas.
History:
L. 1993, ch. 33, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5549 State employee leave sharing program, authorization; rules and regulations; guidelines.

75-5549.
State employee leave sharing program, authorization; rules and regulations; guidelines.
The secretary of administration, upon recommendation of the director of personnel services, is hereby authorized to adopt rules and regulations as provided by K.S.A. 75-3706, and amendments thereto, establishing a program for the sharing of leave between employees of the state of Kansas. Employees authorized to share leave pursuant to such rules and regulations shall be authorized to donate annual and sick leave to other state employees who are suffering from, or who have a family member suffering from, an extraordinary or severe illness, injury, impairment or physical or mental condition which has caused, or is likely to cause, the employee to take leave without pay or terminate employment. As used in this section "extraordinary or severe" means serious, extreme or life threatening.
History:
L. 1994, ch. 240, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5550 Annual summary of compensation package, contents.

75-5550.
Annual summary of compensation package, contents.
Each fiscal year commencing after June 30, 2001, the secretary of administration shall prepare and distribute to each state officer or employee an annual one-page summary of such officer or employee's compensation package from the state, including salary, benefits under the state health care benefits program of the Kansas state employees health care commission, the cafeteria plan administered by the secretary of administration, retirement, insured and other benefits under the Kansas public employees retirement system, paid leave and other benefits provided for under the Kansas civil service act and any other benefits provided to such officer or employee.
History:
L. 2000, ch. 112, § 1; April 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5552 State agency expenditure of moneys budgeted for salaries, wages, compensation and associated employer contributions.

75-5552.
State agency expenditure of moneys budgeted for salaries, wages, compensation and associated employer contributions.
On and after July 1, 2009, all moneys budgeted for salaries, wages, compensation and associated employer's contributions for full-time equivalent positions to any state agency, under an approved budget for which appropriations from the state general fund or any special revenue fund of the state treasury are made by act of the legislature, shall be expended for such salaries, wages, compensation and associated employer's contributions for full-time equivalent positions. Such appropriations from the state general fund or any special revenue fund of the state treasury shall not be expended for other purposes in such state agency's budget unless specifically authorized by appropriation act or other act of the legislature.
History:
L. 2009, ch. 138, § 1; May 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 55 - Payroll Accounting For State Agencies › 75-5553 Same; priority for payment of salary and wage payroll obligations.

75-5553.
Same; priority for payment of salary and wage payroll obligations.
(a) Except as otherwise provided by this section, among all obligations and other amounts that are payable from the state treasury in accordance with the provisions of appropriation acts, the department of administration and each other state agency shall give priority to payment of payroll obligations for salaries and wages for state officers and employees over payment of all other obligations and other amounts that are payable from the state treasury. After the payment of such payroll obligations for salaries and wages for state officers and employees, such other obligations and other amounts may be paid to the extent that resources are available therefor in the state treasury or shall be pended to be paid when sufficient resources are available. The secretary of administration shall implement and administer the provisions of this section. The priority of payment prescribed by this section shall be subject to all applicable requirements, limitations or restrictions under federal or state law, including, but not limited to, the federal American recovery and reinvestment act of 2009, and shall be subject to all applicable requirements, limitations or restrictions prescribed by contracts and other agreements authorized by law, including, but not limited to, debt service payments pursuant to contractual bond obligations, as determined by the secretary of administration, after conferring with the director of the budget.
(b) As used in this section, "salaries and wages" includes all amounts payable for direct and indirect compensation, benefits included in the annual summary of compensation under K.S.A. 75-5550, and amendments thereto, associated employer contributions and other associated payroll obligations and payments.
History:
L. 2009, ch. 138, § 2; May 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5601 Secretary of health and environment; appointment and confirmation; creation of department of health and environment; department subject to K-GOAL.

75-5601. Secretary of health and environment; appointment and confirmation; creation of department of health and environment; department subject to K-GOAL.
(a) There is hereby created a department of health and environment, the head of which shall be the secretary of health and environment, which office is hereby created. The governor shall appoint the secretary of health and environment, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and the secretary shall serve at the pleasure of the governor. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as secretary shall exercise any power, duty or function as secretary until confirmed by the senate. The department of health and environment shall consist of the division of public health, the division of health care finance and the division of environment. The secretary of health and environment shall receive an annual salary fixed by the governor.
(b) The provisions of the Kansas governmental operations accountability law apply to the department of health and environment, and the department is subject to audit, review and evaluation under such law.
History:
L. 1974, ch. 351, § 1; L. 1978, ch. 308, § 76; L. 1982, ch. 347, § 74; L. 1992, ch. 116, § 50; L. 2001, ch. 86, § 14; L. 2008, ch. 121, § 30; L. 2012, ch. 102, § 34; L. 2013, ch. 59, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5602 Transfer of powers, duties and functions; preservation of rules and regulations, orders and directives.

75-5602.
Transfer of powers, duties and functions; preservation of rules and regulations, orders and directives.
(a) All of the powers, duties, functions, records, property and personnel of the existing state board of health and the state department of health including the power to expend funds now or hereafter made available in accordance with appropriation acts are hereby transferred to and conferred and imposed upon the secretary of health and environment created by this order, except as is herein otherwise provided.
(b) The secretary of health and environment created by this order shall be the successor in every way to the powers, duties and functions of the state board of health, the state department of health, and the director of health in which the same were vested prior to the effective date of this order, except as herein otherwise provided. Every act performed under the authority of the secretary of health and environment created by this order shall be deemed to have the same force and effect as if performed by the state board of health, the state department of health or the director of health, in which such functions were vested prior to the effective date of this order.
(c) Whenever the state board of health, or the state department of health, or words of like effect, is referred to or designated by the statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of health and environment created by this order.
(d) Whenever the executive secretary of the state board of health or the director of health, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of health and environment created by this order.
(e) All rules and regulations and all orders or directives of the state board of health or the director of health in existence on the effective date of this order, shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the secretary of health and environment created by this order, until revised, amended, repealed or nullified pursuant to law.
(f) The secretary of health and environment created by this order shall be a continuation of the state board of health provided to be appointed under K.S.A. 74-901 and the director of health established by K.S.A. 74-901b.
History:
L. 1974, ch. 351, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5603 Division of public health, establishment and administration; director of the division of public health, qualifications, appointment, compensation.

75-5603. Division of public health, establishment and administration; director of the division of public health, qualifications, appointment, compensation.
(a) There is hereby established within and as a part of the department of health and environment a division of public health, the head of which shall be the director of the division of public health. Under the supervision of the secretary of health and environment, the director of the division of public health shall administer the division of public health. The director shall be a physician, hold a valid license to practice medicine and surgery, and have experience and educational training in the field of public health. The secretary of health and environment shall appoint the director of the division of public health who shall serve at the pleasure of the secretary. The director shall be in the unclassified service and shall receive an annual salary fixed by the secretary and approved by the governor.
(b) Whenever the division of health, or words of like effect, are referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to the division of public health.
History:
L. 1974, ch. 351, § 3; L. 1974, ch. 352, § 186; L. 1993, ch. 169, § 1; L. 2005, ch. 122, § 6; L. 2008, ch. 159, § 21; L. 2013, ch. 59, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5605 Division of environment established; administration of division; director of the division of environment, appointment and compensation; appointment of classified employee as director, effect.

75-5605.
Division of environment established; administration of division; director of the division of environment, appointment and compensation; appointment of classified employee as director, effect.
There is hereby established within and as a part of the department of health and environment a division of environment, the head of which shall be the director of the division of environment. Under the supervision of the secretary of health and environment, the director of the division of environment shall administer the division of environment. The director shall have experience and educational training in the field of environment. The secretary of health and environment shall appoint the director of the division of environment who shall serve at the pleasure of the secretary. The director shall be in the unclassified service and shall receive an annual salary fixed by the secretary and approved by the state finance council. If a director was an employee of the state of Kansas in a regular classified position under the Kansas civil service act at the time of selection as director, such person, upon the conclusion of service as director, shall be returned to the regular classified position under the Kansas civil service act such person held at the time of appointment as director, and if such position be filled at that time, a temporary additional position shall be created for such person until such time as a vacancy exists in such position. While serving in such temporary additional position the former director shall continue to be a contributing member of the retirement system under which such person was covered while serving as director.
History:
L. 1974, ch. 351, § 5; L. 1974, ch. 352, § 188; L. 1995, ch. 213, § 14; December 17.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5606 Powers, duties and functions of existing division and director of environmental health and engineer of state board of health transferred to new secretary of health and environment; orders and directives of previous director and engineer continued in effect until revised, amended or repealed.

75-5606.
Powers, duties and functions of existing division and director of environmental health and engineer of state board of health transferred to new secretary of health and environment; orders and directives of previous director and engineer continued in effect until revised, amended or repealed.
(a) All of the powers, duties and functions of the existing division of environmental health and the existing director of environmental health and the engineer of the state board of health are hereby transferred to and conferred and imposed upon the secretary of health and environment created by this order, except as is herein otherwise provided.
(b) The secretary of health and environment created by this order shall be the successor in every way to the powers, duties and functions of the director of environmental health and engineer of the state board of health in which the same were vested prior to the effective date of this act, except as is herein otherwise provided. Every act performed under the authority of the secretary of health and environment created by this order shall be deemed to have the same force and effect as if performed by the division of environmental health or the director of environmental health, or the engineer of the state board of health, respectively, in which such functions were vested prior to the effective date of this order.
(c) Whenever the director of the division of environmental health or the engineer of the state board of health or the division of environmental health or words of like effect is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of health and environment created by this order.
(d) All orders or directives of the director of environmental health and the engineer of the state board of health in existence on the effective date of this order shall continue to be effective and shall be deemed to be the orders or directives of the secretary of health and environment created by this order until revised, amended, repealed or nullified pursuant to law.
(e) The secretary of health and environment created by this order shall be a continuation of the existing director of the division of environmental health and the engineer of the state board of health provided to be appointed under K.S.A. 65-170.
History:
L. 1974, ch. 351, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5608 Office of laboratory services established; powers, duties and functions; rules and regulations; fees.

75-5608. Office of laboratory services established; powers, duties and functions; rules and regulations; fees.
(a) There is hereby established under the supervision of the secretary of health and environment, an office of laboratory services. The office of laboratory services shall provide laboratory information and perform laboratory tests and experiments as directed by the secretary of health and environment and shall exercise such other powers, duties and functions as the secretary of health and environment may direct.
(b) The secretary may adopt rules and regulations for the collection and biological or chemical analysis of samples received by the office of laboratory services. The secretary, by adoption of rules and regulations, may fix fees for any biological or chemical analysis services provided by the office of laboratory services and waive any such fees whenever the secretary finds that waiver is in the interest of protecting the public health and safety. The secretary shall waive fees for such services provided to public health departments and state hospitals. Fees charged and collected shall not exceed the actual cost of the analysis and testing provided by the office of laboratory services.
(c) Fees collected under this section shall be remitted by the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the office of laboratory services operating fund.
History:
L. 1974, ch. 351, § 8; L. 2013, ch. 112, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5608a Office of laboratory services operating fund created; expenditures from fund; interest earnings.

75-5608a. Office of laboratory services operating fund created; expenditures from fund; interest earnings.
(a) There is hereby created in the state treasury the office of laboratory services operating fund. Expenditures from the office of laboratory services operating fund shall be used by the department of health and environment only for the purposes of operating the office of laboratory services. All such expenditures from the office of laboratory services operating fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee.
(b) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the office of laboratory services operating fund interest earnings based on:
(1) The average daily balance of moneys in the office of laboratory services operating fund, for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History:
L. 2013, ch. 112, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5609 Powers, duties and functions of existing division and director of laboratories transferred to new head of office of laboratory services; orders and directives of previous director in effect until revised, amended or repealed.

75-5609.
Powers, duties and functions of existing division and director of laboratories transferred to new head of office of laboratory services; orders and directives of previous director in effect until revised, amended or repealed.
(a) All of the powers, duties and functions of the existing division of laboratories and the existing director of the division of laboratories are hereby transferred to and conferred and imposed upon the head of the office of laboratory services created by this act, except as is herein otherwise provided.
(b) The head of the office of laboratory services created by this act shall be the successor in every way to the powers, duties and functions of the director of the division of laboratories in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the head of the office of laboratory services created by this act shall be deemed to have the same force and effect as if performed by the division of laboratories or the director thereof, respectively, in which division and director such functions were vested prior to the effective date of this act.
(c) Wherever the director of the division of laboratories or the division of laboratories or words of like effect is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the head of the office of laboratory services created by this act.
(d) All orders or directives of the director of the division of laboratories in existence on the effective date of this act shall continue to be effective and shall be deemed to be the orders or directives of the head of the office of laboratory services created by this act until revised, amended, repealed or nullified pursuant to law.
History:
L. 1974, ch. 351, § 9; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5609a Office of laboratory services; criminal history record check; fingerprinting.

75-5609a. Office of laboratory services; criminal history record check; fingerprinting.
(a) The secretary of health and environment shall require any person offered a position of employment in and any employee of the office of laboratory services of the Kansas department of health and environment that will have access to a secured biological laboratory to be fingerprinted and submit to a state and national criminal history record check. Such person offered a position of employment or employee shall be given written notice that a fingerprinting and state and national criminal history record check is required as a condition of initial and continued employment. The fingerprints shall be used to identify such person offered a position of employment or employee and to determine whether such person offered a position of employment or employee has a record of criminal history in this state or other jurisdiction. The secretary of health and environment shall submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. Local and state law enforcement officers and agencies shall assist the secretary of health and environment in the taking and processing of fingerprints of such persons offered positions of employment or employees.
(b) The secretary of health and environment shall use the information obtained from fingerprinting and criminal history for the purposes of verifying the identification of any person offered a position of employment or employee in the official determination of the eligibility of such person or employee to perform tasks within the office of laboratory services. If criminal history record information or results of drug screening is used to disqualify a person offered a position of employment or terminate an employee, such person offered a position of employment or employee shall be informed in writing of the purpose of such disqualification or termination from employment.
(c) As a condition of continued employment, any employee who has access to a secured biological laboratory in the office of laboratory services of the Kansas department of health and environment shall be subject to state and national criminal history record checks at a frequency determined by the secretary.
History:
L. 2013, ch. 58, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5610 Appointment of subordinate officers and employees; classified and unclassified service.

75-5610.
Appointment of subordinate officers and employees; classified and unclassified service.
(a) Except as otherwise specifically provided by subsection (b) or other law, the secretary of health and environment shall appoint, subject to the Kansas civil service act, all subordinate officers and employees of the respective divisions, bureaus, sections, offices or other units of the department of health and environment, and all such subordinate officers and employees shall be within the classified service under the Kansas civil service act.
(b) On and after July 1, 1983, except as otherwise specifically provided by law, each director of each division of the department of health and environment and the chief administrative officer of the bureau of oil field and environmental geology of the division of environment shall be in the unclassified service under the Kansas civil service act.
History: L. 1974, ch. 351, § 10; L. 1978, ch. 332, § 52; L. 1983, ch. 286, § 15; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5610a Employees in health officer II class placed in unclassified service.

75-5610a.
Employees in health officer II class placed in unclassified service.
On and after June 18, 1985, all employees of the department of health and environment in the health officer II job class, or any successor job class that may be approved under K.S.A. 75-2938 and amendments thereto and has substantially the same duties and responsibilities, shall be in the unclassified service under the Kansas civil service act.
History:
L. 1985, ch. 278, § 3; May 2.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 56 - Department Of Health And Environment › 75-5611 Appointment of chief attorney, public information officer, personal secretary and special assistant, compensation; other attorneys and staff assistants, classified service.

75-5611.
Appointment of chief attorney, public information officer, personal secretary and special assistant, compensation; other attorneys and staff assistants, classified service.
The secretary of health and environment may appoint a chief attorney and other attorneys for the department of health and environment. The chief attorney shall serve at the pleasure of the secretary, shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of health and environment and approved by the governor. The secretary of health and environment may also appoint staff assistants. Such staff assistants and attorneys other than the chief attorney shall be in the classified service under the Kansas civil service act. The secretary of health and environment may appoint one public information officer, one personal secretary and one special assistant who shall be in the unclassified service under the Kansas civil service act and shall receive compensation fixed by the secretary of health and environment and approved by the governor.
History:
L. 1974, ch. 351, § 11; L. 1978, ch. 332, § 53; L. 1987, ch. 347, § 7; May 28.