KS
Kansas House Bill HB2022

Kansas 2023-2024 Regular Session

Kansas House Bill HB2022 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2022
33 By Committee on Corrections and Juvenile Justice
44 1-11
55 AN ACT concerning the Kansas highway patrol; providing for
66 appointment of the superintendent by the attorney general; establishing
77 the highway patrol as a division under the jurisdiction of the attorney
88 general; transferring functions concerning the highway patrol from the
99 governor to the attorney general; amending K.S.A. 66-1302, 68-2025,
1010 74-2113 and 74-2114 and repealing the existing sections.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 66-1302 is hereby amended to read as follows: 66-
1313 1302. The superintendent of the Kansas highway patrol may adopt rules
1414 and regulations to secure proper and efficient enforcement of the laws of
1515 the state in relation to motor carriers of passengers and property for hire,
1616 not inconsistent with or in derogation of the powers, duties, and
1717 responsibilities placed by existing statutes upon the corporation
1818 commission. It is declared necessary for the corporation commission, the
1919 department of transportation, the department of revenue, and the Kansas
2020 highway patrol to cooperate and to coordinate their actions and effort for
2121 the proper and efficient enforcement of laws relating to motor carriers of
2222 passengers and property for compensation.
2323 If the corporation commission, department of transportation or
2424 department of revenue shall feel aggrieved by determines any order, rule,
2525 or regulation adopted by the superintendent of the Kansas highway patrol
2626 and shall desire to resist is not consistent with the laws of the state and is
2727 opposed to the same, it shall serve, within 30 days after its adoption,
2828 written notice upon the superintendent that it appeals from the order, rule
2929 or regulation to the governor attorney general, and the superintendent shall
3030 forthwith promptly certify to the governor attorney general the order, rule
3131 or regulation so appealed from, and the governor attorney general shall fix
3232 a time and place for a hearing thereon. The superintendent shall cause all
3333 interested parties to be notified of such time and place of such hearing, and
3434 at the hearing, all persons interested shall be given opportunity to be fully
3535 heard, and the governor attorney general shall thereupon decide the
3636 appeal, and the decision of the governor attorney general shall be final,
3737 conclusive and binding.
3838 Sec. 2. K.S.A. 68-2025 is hereby amended to read as follows: 68-
3939 2025. The Kansas turnpike authority and the superintendent of the Kansas
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7676 highway patrol are hereby authorized to provide by contract or agreement,
7777 as provided herein by this section, for the policing of any toll or turnpike
7878 constructed and operated as permitted and provided by law. On and after
7979 July 1, 2023, all such contracts or agreements shall be subject to the
8080 approval of the governor attorney general and, if made, shall provide that
8181 the total cost of said such policing, including, but not limited to, all
8282 salaries, expenses, uniforms, equipment, retirement benefits provided for
8383 members of the Kansas highway patrol assigned to any toll or turnpike
8484 facility, vehicles, communication equipment, training of members and
8585 other items properly chargeable as costs of said policing shall be paid by
8686 the Kansas turnpike authority. Payments to the Kansas highway patrol due
8787 under such contracts or agreements shall be made not less than monthly
8888 and amounts so paid by the Kansas turnpike authority shall be deposited in
8989 and credited to such fund as may be used for the support of the Kansas
9090 highway patrol and shall be available for its use: Provided, That. Payments
9191 made to provide retirement benefits shall be deposited in and credited to
9292 the state highway patrol pension Kansas public employees retirement fund.
9393 Sec. 3. K.S.A. 74-2113 is hereby amended to read as follows: 74-
9494 2113. (a) There is hereby created a Kansas highway patrol. The patrol shall
9595 consist of: (1) A superintendent, who shall have the rank of colonel and
9696 who shall have special training and qualifications for the position; (2) an
9797 assistant superintendent, who shall have the rank of lieutenant colonel; and
9898 (3) officers and troopers who are appointed in accordance with
9999 appropriation acts and as provided in this section. The superintendent and
100100 assistant superintendent shall be within the unclassified service under the
101101 Kansas civil service act. The assistant superintendent shall be appointed by
102102 the superintendent from among the members of the patrol, and shall serve
103103 at the pleasure of the superintendent. If a person appointed as
104104 superintendent, assistant superintendent or major is a member of the patrol
105105 when appointed, the person in each case, upon termination of the term as
106106 superintendent, assistant superintendent or major, respectively, shall be
107107 returned to a rank not lower than the rank the person held when appointed
108108 as superintendent, assistant superintendent or major. If the rank is filled at
109109 that time, a temporary additional position shall be created in the rank until
110110 a vacancy occurs in such rank. All other officers, troopers and employees
111111 shall be within the classified service under the Kansas civil service act.
112112 (b) On and after July 1, 2023:
113113 (1) The Kansas highway patrol is hereby under the jurisdiction of the
114114 attorney general, a division to be known as the Kansas highway patrol.
115115 (2) The superintendent of the patrol shall be appointed by the
116116 governor attorney general, subject to confirmation by the senate as
117117 provided in K.S.A. 75-4315b, and amendments thereto, and shall receive
118118 an annual salary fixed by the governor attorney general. Except as
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162162 provided by K.S.A. 46-2601, and amendments thereto, no person
163163 appointed as superintendent shall exercise any power, duty or function as
164164 superintendent until confirmed by the senate. The assistant superintendent
165165 shall receive an annual salary fixed by the superintendent and approved by
166166 the governor attorney general.
167167 (3) All of the powers, duties and functions of the attorney general
168168 concerning the Kansas highway patrol are hereby transferred to and
169169 conferred and imposed upon the attorney general. The attorney general
170170 shall be the successor in every way to the powers, duties and functions of
171171 the governor concerning the Kansas highway patrol in which the same
172172 were vested prior to July 1, 2023. Every act performed in the exercise of
173173 such powers, duties and functions by or under the authority of the
174174 governor concerning the Kansas highway patrol shall be deemed to have
175175 the same force and effect as if performed by the attorney general in which
176176 such powers, duties and functions were vested prior to July 1, 2023.
177177 Whenever the governor, or words of like effect concerning the Kansas
178178 highway patrol, is referred to or designated by a statute, contract or other
179179 document, such reference or designation shall be deemed to apply to the
180180 attorney general. All orders and directives of the governor concerning the
181181 Kansas highway patrol in existence on July 1, 2023, shall continue to be
182182 effective and shall be deemed to be orders and directives of the attorney
183183 general until revised, amended or nullified pursuant to law.
184184 (c) All other members of the patrol shall be appointed by the
185185 superintendent in accordance with appropriation acts and with the Kansas
186186 civil service act. No person shall be appointed as an officer of the patrol,
187187 other than superintendent, unless the person has had at least five years of
188188 service in the patrol as an officer or trooper. No person shall be appointed
189189 as a trooper unless the person meets the following requirements:
190190 (1) Is a citizen of the United States;
191191 (2) is at least 21 years of age at the time of appointment;
192192 (3) has not been convicted by any state or the federal government of a
193193 crime which is a felony or its equivalent under the uniform code of
194194 military justice;
195195 (4) has been fingerprinted and a search of local, state and national
196196 fingerprint files has been made to determine whether the applicant has a
197197 criminal record;
198198 (5) is the holder of a high school diploma or furnishes evidence of
199199 successful completion of an examination indicating an equivalent
200200 achievement; and
201201 (6) is free of any physical or mental condition which might adversely
202202 affect the applicant's performance of duties as a trooper and whose
203203 physical health has been certified by an examining physician appointed by
204204 the superintendent.
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248248 (d) No member of the patrol shall:
249249 (1) Hold any other elective or appointive commission or office,
250250 except:
251251 (A) In the Kansas national guard or in the organized reserve of the
252252 United States army, air force or navy.
253253 (B) In the governing body of a municipality:
254254 (i) If the position to be held is appointed; or
255255 (ii) if the position to be held is elected on a nonpartisan basis.
256256 (C) On any appointed board, commission or task force which the
257257 superintendent of the highway patrol deems necessary as part of the
258258 member's or officer's duties.
259259 (2) Accept any employment or compensation from any licensee of the
260260 director of alcoholic beverage control of the department of revenue or
261261 from any licensee of the Kansas racing commission or from any officer,
262262 director, member or employee of any such licensee.
263263 (3) Accept any employment or compensation for services which
264264 require the use of any state-owned equipment provided by the Kansas
265265 highway patrol or the wearing of the patrol uniform.
266266 (4) Accept any reward or gift pertaining to the performance of the
267267 member's or officer's duties except with the written permission of the
268268 superintendent.
269269 (e) For the purposes of this section, the terms "governing body" and
270270 "municipality" shall have the meanings ascribed to such terms mean the
271271 same as defined in K.S.A. 12-105a, and amendments thereto.
272272 Sec. 4. K.S.A. 74-2114 is hereby amended to read as follows: 74-
273273 2114. (a) The personnel of the Kansas highway patrol shall be paid
274274 compensation for their services as determined by the superintendent in
275275 accordance with provisions of applicable laws, rules and regulations.
276276 Military service of any member of the Kansas highway patrol who leaves
277277 or has left the patrol for the purpose of serving in any branch of the armed
278278 forces of the United States, during any war or national emergency and who
279279 returns to the patrol within 60 days after release therefrom, shall be
280280 considered as service with the patrol for the purpose of calculating any
281281 longevity pay increase. The governor shall determine when a national
282282 emergency exists or has existed.
283283 (b) The salary of each member of the Kansas highway patrol shall be
284284 fixed by the superintendent in accordance with the Kansas civil service
285285 act. All members of the patrol shall receive their actual and necessary
286286 traveling expenses and all salaries shall be paid monthly. On and after July
287287 1, 2023, the Kansas highway patrol superintendent shall hold office at the
288288 pleasure of the governor attorney general. The personnel of the Kansas
289289 highway patrol other than the superintendent shall serve upon first
290290 appointment for a probationary period of one year. The superintendent is
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334334 authorized to assign any major, captain, lieutenant, sergeant or trooper for
335335 duty other than the place to which presently assigned. In such cases, the
336336 superintendent shall pay necessary moving expense from moneys
337337 appropriated for the Kansas highway patrol from the state general fund and
338338 available therefor in accordance with K.S.A. 75-3225, and amendments
339339 thereto.
340340 Sec. 5. K.S.A. 66-1302, 68-2025, 74-2113 and 74-2114 are hereby
341341 repealed.
342342 Sec. 6. This act shall take effect and be in force from and after its
343343 publication in the statute book.
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