Session of 2023
HOUSE BILL No. 2022
By Committee on Corrections and Juvenile Justice
1-11
AN ACT concerning the Kansas highway patrol; providing for
appointment of the superintendent by the attorney general; establishing
the highway patrol as a division under the jurisdiction of the attorney
general; transferring functions concerning the highway patrol from the
governor to the attorney general; amending K.S.A. 66-1302, 68-2025,
74-2113 and 74-2114 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 66-1302 is hereby amended to read as follows: 66-
1302. The superintendent of the Kansas highway patrol may adopt rules
and regulations to secure proper and efficient enforcement of the laws of
the state in relation to motor carriers of passengers and property for hire,
not inconsistent with or in derogation of the powers, duties, and
responsibilities placed by existing statutes upon the corporation
commission. It is declared necessary for the corporation commission, the
department of transportation, the department of revenue, and the Kansas
highway patrol to cooperate and to coordinate their actions and effort for
the proper and efficient enforcement of laws relating to motor carriers of
passengers and property for compensation.
If the corporation commission, department of transportation or
department of revenue shall feel aggrieved by determines any order, rule,
or regulation adopted by the superintendent of the Kansas highway patrol
and shall desire to resist is not consistent with the laws of the state and is
opposed to the same, it shall serve, within 30 days after its adoption,
written notice upon the superintendent that it appeals from the order, rule
or regulation to the governor attorney general, and the superintendent shall
forthwith promptly certify to the governor attorney general the order, rule
or regulation so appealed from, and the governor attorney general shall fix
a time and place for a hearing thereon. The superintendent shall cause all
interested parties to be notified of such time and place of such hearing, and
at the hearing, all persons interested shall be given opportunity to be fully
heard, and the governor attorney general shall thereupon decide the
appeal, and the decision of the governor attorney general shall be final,
conclusive and binding.
Sec. 2. K.S.A. 68-2025 is hereby amended to read as follows: 68-
2025. The Kansas turnpike authority and the superintendent of the Kansas
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highway patrol are hereby authorized to provide by contract or agreement,
as provided herein by this section, for the policing of any toll or turnpike
constructed and operated as permitted and provided by law. On and after
July 1, 2023, all such contracts or agreements shall be subject to the
approval of the governor attorney general and, if made, shall provide that
the total cost of said such policing, including, but not limited to, all
salaries, expenses, uniforms, equipment, retirement benefits provided for
members of the Kansas highway patrol assigned to any toll or turnpike
facility, vehicles, communication equipment, training of members and
other items properly chargeable as costs of said policing shall be paid by
the Kansas turnpike authority. Payments to the Kansas highway patrol due
under such contracts or agreements shall be made not less than monthly
and amounts so paid by the Kansas turnpike authority shall be deposited in
and credited to such fund as may be used for the support of the Kansas
highway patrol and shall be available for its use: Provided, That. Payments
made to provide retirement benefits shall be deposited in and credited to
the state highway patrol pension Kansas public employees retirement fund.
Sec. 3. K.S.A. 74-2113 is hereby amended to read as follows: 74-
2113. (a) There is hereby created a Kansas highway patrol. The patrol shall
consist of: (1) A superintendent, who shall have the rank of colonel and
who shall have special training and qualifications for the position; (2) an
assistant superintendent, who shall have the rank of lieutenant colonel; and
(3) officers and troopers who are appointed in accordance with
appropriation acts and as provided in this section. The superintendent and
assistant superintendent shall be within the unclassified service under the
Kansas civil service act. The assistant superintendent shall be appointed by
the superintendent from among the members of the patrol, and shall serve
at the pleasure of the superintendent. If a person appointed as
superintendent, assistant superintendent or major is a member of the patrol
when appointed, the person in each case, upon termination of the term as
superintendent, assistant superintendent or major, respectively, shall be
returned to a rank not lower than the rank the person held when appointed
as superintendent, assistant superintendent or major. If the rank is filled at
that time, a temporary additional position shall be created in the rank until
a vacancy occurs in such rank. All other officers, troopers and employees
shall be within the classified service under the Kansas civil service act.
(b) On and after July 1, 2023:
(1) The Kansas highway patrol is hereby under the jurisdiction of the
attorney general, a division to be known as the Kansas highway patrol.
(2) The superintendent of the patrol shall be appointed by the
governor attorney general, subject to confirmation by the senate as
provided in K.S.A. 75-4315b, and amendments thereto, and shall receive
an annual salary fixed by the governor attorney general. Except as
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provided by K.S.A. 46-2601, and amendments thereto, no person
appointed as superintendent shall exercise any power, duty or function as
superintendent until confirmed by the senate. The assistant superintendent
shall receive an annual salary fixed by the superintendent and approved by
the governor attorney general.
(3) All of the powers, duties and functions of the attorney general
concerning the Kansas highway patrol are hereby transferred to and
conferred and imposed upon the attorney general. The attorney general
shall be the successor in every way to the powers, duties and functions of
the governor concerning the Kansas highway patrol in which the same
were vested prior to July 1, 2023. Every act performed in the exercise of
such powers, duties and functions by or under the authority of the
governor concerning the Kansas highway patrol shall be deemed to have
the same force and effect as if performed by the attorney general in which
such powers, duties and functions were vested prior to July 1, 2023.
Whenever the governor, or words of like effect concerning the Kansas
highway patrol, is referred to or designated by a statute, contract or other
document, such reference or designation shall be deemed to apply to the
attorney general. All orders and directives of the governor concerning the
Kansas highway patrol in existence on July 1, 2023, shall continue to be
effective and shall be deemed to be orders and directives of the attorney
general until revised, amended or nullified pursuant to law.
(c) All other members of the patrol shall be appointed by the
superintendent in accordance with appropriation acts and with the Kansas
civil service act. No person shall be appointed as an officer of the patrol,
other than superintendent, unless the person has had at least five years of
service in the patrol as an officer or trooper. No person shall be appointed
as a trooper unless the person meets the following requirements:
(1) Is a citizen of the United States;
(2) is at least 21 years of age at the time of appointment;
(3) has not been convicted by any state or the federal government of a
crime which is a felony or its equivalent under the uniform code of
military justice;
(4) has been fingerprinted and a search of local, state and national
fingerprint files has been made to determine whether the applicant has a
criminal record;
(5) is the holder of a high school diploma or furnishes evidence of
successful completion of an examination indicating an equivalent
achievement; and
(6) is free of any physical or mental condition which might adversely
affect the applicant's performance of duties as a trooper and whose
physical health has been certified by an examining physician appointed by
the superintendent.
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(d) No member of the patrol shall:
(1) Hold any other elective or appointive commission or office,
except:
(A) In the Kansas national guard or in the organized reserve of the
United States army, air force or navy.
(B) In the governing body of a municipality:
(i) If the position to be held is appointed; or
(ii) if the position to be held is elected on a nonpartisan basis.
(C) On any appointed board, commission or task force which the
superintendent of the highway patrol deems necessary as part of the
member's or officer's duties.
(2) Accept any employment or compensation from any licensee of the
director of alcoholic beverage control of the department of revenue or
from any licensee of the Kansas racing commission or from any officer,
director, member or employee of any such licensee.
(3) Accept any employment or compensation for services which
require the use of any state-owned equipment provided by the Kansas
highway patrol or the wearing of the patrol uniform.
(4) Accept any reward or gift pertaining to the performance of the
member's or officer's duties except with the written permission of the
superintendent.
(e) For the purposes of this section, the terms "governing body" and
"municipality" shall have the meanings ascribed to such terms mean the
same as defined in K.S.A. 12-105a, and amendments thereto.
Sec. 4. K.S.A. 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. On and after July
1, 2023, the Kansas highway patrol superintendent shall hold office at the
pleasure of the governor attorney general. The personnel of the Kansas
highway patrol other than the superintendent shall serve upon first
appointment for a probationary period of one year. The superintendent is
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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 from the state general fund and
available therefor in accordance with K.S.A. 75-3225, and amendments
thereto.
Sec. 5. K.S.A. 66-1302, 68-2025, 74-2113 and 74-2114 are hereby
repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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