Kansas 2023-2024 Regular Session

Kansas Senate Bill SB229 Compare Versions

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1-House Substitute for SENATE BILL No. 229
2-AN ACT concerning the compensation, salary and retirement benefits of certain state officials;
3-creating the legislative compensation commission; prescribing powers and duties of the
4-commission; authorizing the commission to set rates of compensation and salary for
5-members of the legislature; establishing procedures for review and possible rejection of
6-such rates of compensation and salary by the legislature; eliminating the previously
7-established compensation commission; relating to the salaries of the governor, lieutenant
8-governor, attorney general, secretary of state, state treasurer and commissioner of
9-insurance; establishing the rate of pay for such state officials based on the annual rate of
10-pay for members of congress, as adjusted by the provisions of this act; relating to the
11-salaries of the justices of the supreme court, judges of the court of appeals, district court
12-judges and district magistrate judges; establishing the rate of pay for such justices and
13-judges based on the annual rate of pay for a district judge of the United States, as
14-adjusted by the provisions of this act; amending K.S.A. 20-2616, 22a-105, 40-102, 75-
15-3103 and 75-3120k and K.S.A. 2022 Supp. 20-318 and repealing the existing sections;
16-also repealing K.S.A. 46-3101, 75-3101, 75-3104, 75-3108, 75-3110, 75-3111a, 75-
17-3120f, 75-3120g, 75-3120h and 75-3120l.
1+Session of 2023
2+SENATE BILL No. 229
3+By Committee on Commerce
4+2-9
5+AN ACT concerning motor vehicles; relating to distinctive license plates;
6+providing for the city of Topeka license plate.
187 Be it enacted by the Legislature of the State of Kansas:
19-New Section 1. (a) There is created the legislative compensation
20-commission consisting of nine members as follows:
21-(1) One member appointed by the speaker of the house of
22-representatives. Such member appointed by the speaker shall be a former
23-member of the legislature;
24-(2) one member appointed by the president of the senate. Such
25-member appointed by the president shall be a former member of the
26-legislature;
27-(3) one member appointed by the speaker pro tempore of the house
28-of representatives;
29-(4) one member appointed by the vice president of the senate;
30-(5) one member appointed by the majority leader of the house of
31-representatives;
32-(6) one member appointed by the majority leader of the senate;
33-(7) one member appointed by the minority leader of the house of
34-representatives;
35-(8) one member appointed by the minority leader of the senate; and
36-(9) one member appointed by the governor.
37-(b) The initial member appointed by the speaker shall be appointed
38-prior to August 1, 2023. All other initial members shall be appointed prior
39-to September 1, 2023.
40-(c) No person shall be appointed to the commission who is a current
41-member of the legislature, a current employee of the legislature or a
42-registered lobbyist.
43-(d) The member appointed by the speaker shall serve as the first
44-chairperson of the commission. The member appointed by the president
45-shall serve as the first vice chairperson of the commission. Thereafter, the
46-next chairperson to be appointed prior to August 1, 2026, shall be
47-appointed by the president and the next vice chairperson to be appointed
48-prior to September 1, 2026, shall be appointed by the speaker. The
49-authority to appoint the chairperson and vice chairperson for future
50-commissions shall alternate between the speaker and the president in
51-similar manner as for the original appointments. Vacancies shall be filled
52-in the same manner as for the original appointments.
53-(e) Any member of the commission shall be eligible for
54-reappointment.
55-(f) The term of each appointment to the commission shall end upon
56-the completion of the responsibilities of the commission pursuant to
57-subsections (h) and (i).
58-(g) The commission shall meet upon call of the chairperson. A
59-majority of the members of the commission shall constitute a quorum for
60-the transaction of any business of the commission. Any action taken by
61-the commission shall be by majority vote of the members present.
62-(h) The legislative compensation commission shall: H Sub for SENATE BILL No. 229—page 2
63-(1) Make a comprehensive study of the compensation, salary and
64-retirement benefits of the members of the legislature;
65-(2) set the rates of compensation and salary for members of the
66-legislature to be effective as provided in subsection (i); and
67-(3) make recommendations related to retirement benefits for
68-members of the legislature.
69-(i) In 2023, the legislative compensation commission shall
70-establish the rate of compensation and salary for services rendered by
71-members of the legislature during the four-year period that commences
72-on the first day of the term of office that commences on the first day of
73-the legislative session in January of 2025. Such rate of compensation
74-and salary established by the commission shall be submitted to the
75-legislature on or before December 1, 2023. Such rate of compensation
76-and salary established by the commission shall be the rate of
77-compensation and salary for members of the legislature unless, prior to
78-30 days after the commencement of the legislative session next
79-occurring after submission of such established rate of compensation
80-and salary to the legislature, the legislature rejects such rate of
81-compensation and salary by the adoption of a concurrent resolution. In
82-the concurrent resolution that rejects such rate of compensation and
83-salary, the legislature may include a requirement that the legislative
84-compensation commission meet within 14 days after the adoption of
85-the concurrent resolution by the legislature to set another rate of
86-compensation and salary to be submitted to the legislature prior to 30
87-days after such adoption of the concurrent resolution. The legislature
88-may reject such rate of compensation and salary by the adoption of a
89-concurrent resolution prior to adjournment sine die of that legislative
90-session. In the event of rejection by the legislature of the second rate of
91-compensation and salary set by the commission, the rate of
92-compensation and salary prevailing at the time of the previous session
93-shall remain in effect.
94-(j) (1) New members of the commission shall be appointed in
95-2026 and every four years thereafter. The member designated as
96-chairperson of the commission pursuant to subsection (d) shall be
97-appointed prior to August 1 of such year. All other members of the
98-commission shall be appointed prior to September 1 of such year.
99-(2) Commissions appointed in 2026 and thereafter may meet on
100-call of the chairperson during the calendar year when appointed or the
101-following calendar year. The commission shall set the rate of
102-compensation and salary for members of the legislature to be effective
103-during the four-year period that commences on the first day of the next
104-commencing term of office of elected senators. The commission shall
105-submit such rate of compensation and salary to the legislature on or
106-before December 1 of the calendar year following the commission's
107-appointment.
108-(3) The legislature may take such actions as provided in
109-subsection (i) during the legislative session next occurring after the
110-submission of such rate of compensation and salary as provided in
111-paragraph (2).
112-(k) Members of the commission shall receive compensation,
113-subsistence allowances, mileage and expenses as provided in K.S.A.
114-75-3223, and amendments thereto, when attending meetings of the
115-commission.
116-New Sec. 2. (a) Subject to appropriations and except as provided
117-further, on January 1, 2025, and each January 1 thereafter:
118-(1) The governor shall receive for services an annual salary equal
119-to the amount of annual rate of pay for a member of congress of the
120-United States, not in a leadership role, on such date;
121-(2) the attorney general shall receive for services an annual salary H Sub for SENATE BILL No. 229—page 3
122-equal to the amount of annual rate of pay for a member of congress of
123-the United States, not in a leadership role, on such date, minus 2.5% of
124-such congressional annual rate of pay; and
125-(3) the secretary of state, state treasurer and commissioner of
126-insurance shall receive for services an annual salary equal to the
127-amount of annual rate of pay for a member of congress of the United
128-States, not in a leadership role, on such date, minus 7.5% of such
129-congressional annual rate of pay.
130-(b) If, for any reason, such congressional salary is decreased, the
131-salaries established in this section shall remain the same for the next
132-ensuing fiscal year unless diminished by general law applicable to all
133-salaried officers of the state.
134-New Sec. 3. (a) Subject to appropriations and except as provided
135-further, on January 1, 2025, and each January 1 thereafter:
136-(1) A district judge who is not a chief judge of a judicial district
137-shall receive for services an annual salary equal to 75% of the annual
138-rate of pay for a district judge of the United States on such date;
139-(2) a district magistrate judge shall receive for services an annual
140-salary equal to 55% of a district judge's salary as determined pursuant
141-to subsection (a)(1);
142-(3) a chief judge of the district court shall receive for services an
143-annual salary equal to 105% of a district judge's salary as determined
144-pursuant to subsection (a)(1);
145-(4) a judge of the court of appeals who is not chief judge of the
146-court of appeals shall receive for services an annual salary equal to
147-110% of a district judge's salary as determined pursuant to subsection
148-(a)(1);
149-(5) the chief judge of the court of appeals shall receive for services
150-an annual salary equal to 115% of a district judge's salary as
151-determined pursuant to subsection (a)(1);
152-(6) a justice of the supreme court who is not chief justice of the
153-supreme court shall receive for services an annual salary equal to 120%
154-of a district judge's salary as determined pursuant to subsection (a)(1);
155-and
156-(7) the chief justice of the supreme court shall receive for services
157-an annual salary equal to 125% of a district judge's salary as
158-determined pursuant to subsection (a)(1).
159-(b) If, for any reason, such district judge of the United States
160-salary is decreased, the salaries established in this section shall remain
161-the same for the next ensuing fiscal year unless diminished by general
162-law applicable to all salaried officers of the state.
163-Sec. 4. On and after January 1, 2025, K.S.A. 2022 Supp. 20-318 is
164-hereby amended to read as follows: 20-318. (a) There is hereby created
165-within the state of Kansas, a judicial department for the supervision of
166-all courts in the state of Kansas. The supreme court shall divide the
167-state into separate sections, not to exceed six in number, to be known as
168-judicial departments, each of which shall be assigned a designation to
169-distinguish it from the other departments. A justice of the supreme court
170-shall be assigned as departmental justice for each judicial department.
171-(b) There is created hereby the position of judicial administrator of
172-the courts, who shall be appointed by the chief justice of the supreme
173-court to serve at the will of the chief justice. The judicial administrator
174-shall have a broad knowledge of judicial administration and substantial
175-prior experience in an administrative capacity. No person appointed as
176-judicial administrator shall engage in the practice of law while serving
177-in such capacity. Compensation of the judicial administrator shall be
178-determined by the justices, but shall not exceed the salary authorized by
179-law for the judge of the district court. The judicial administrator shall
180-be responsible to the chief justice of the supreme court of the state of H Sub for SENATE BILL No. 229—page 4
181-Kansas, and shall implement the policies of the court with respect to the
182-operation and administration of the courts, subject to the provisions of
183-K.S.A. 2022 Supp. 20-384, and amendments thereto, under the
184-supervision of the chief justice. The administrator shall perform such
185-other duties as are provided by law or assigned by the supreme court or
186-the chief justice.
187-(c) Expenditures from appropriations for district court operations
188-to be paid by the state shall be made on vouchers approved by the
189-judicial administrator. All claims for salaries, wages or other
190-compensation for district court operations to be paid by the state shall
191-be certified as provided in K.S.A. 75-3731, and amendments thereto,
192-by the judicial administrator.
193-Sec. 5. On and after January 1, 2025, K.S.A. 20-2616 is hereby
194-amended to read as follows: 20-2616. (a) Any retired justice of the
195-supreme court, retired judge of the court of appeals, retired district
196-judge or retired associate district judge may be designated and assigned
197-to perform such judicial service and duties as such retired justice or
198-judge is willing to undertake. Designation and assignment of a retired
199-justice or judge in connection with any matter pending in the supreme
200-court shall be made by the supreme court. Designation and assignment
201-of a retired justice or judge in connection with any matter pending in
202-any other court, including any court located within the judicial district
203-in which the justice or judge resides, or to perform any other judicial
204-service or duties shall be made by the chief justice of the supreme
205-court. Any such judicial service or duties shall include necessary
206-preparation and other out-of-court judicial service for hearings or for
207-deciding matters or cases in conjunction with the judicial services and
208-duties assigned under this section. Any designation and assignment
209-may be revoked in the same manner and all such designations and
210-assignments and revocations shall be filed of record in the office of the
211-clerk of the court to which such assignment is made.
212-(b) A retired justice or judge so designated and assigned to
213-perform judicial service or duties shall have the power and authority to
214-hear and determine all matters covered by the assignment.
215-(c) Except as otherwise provided in this section, each retired
216-justice or judge who performs judicial service or duties under this
217-section shall receive: (1) Per diem compensation at the rate of per diem
218-compensation in effect under K.S.A. 46-137a, and amendments
219-thereto,; (2) a per diem subsistence allowance at the per diem
220-subsistence allowance rate in effect under K.S.A. 46-137a, and
221-amendments thereto,; (3) a mileage allowance at the rate fixed under
222-K.S.A. 75-3203a, and amendments thereto,; and (4) all actual and
223-necessary expenses for other than subsistence or travel, including
224-necessary stenographic assistance, as may be incurred in performing
225-such service or duties.
226-(d) No retired justice or judge shall be entitled to receive per diem
227-compensation under this section for any day in a fiscal year after the
228-date that the total of (1) the amount of per diem compensation earned
229-under this section during that fiscal year and (2) the amount of the
230-retirement annuity payable to such retired justice or judge for that fiscal
231-year under the retirement system for judges, becomes equal to or more
232-than the amount of the current annual salary of a district judge paid by
233-the state under K.S.A. 75-3120g section 3, and amendments thereto,
234-but such retired justice or judge shall receive the subsistence allowance,
235-mileage allowance and actual and necessary expenses as provided
236-under this section after such date.
237-(e) As used in this section, a retired justice or judge shall not
238-include those justices or judges who were not retained in office, were
239-not reelected to office, have been impeached from office or removed by H Sub for SENATE BILL No. 229—page 5
240-the supreme court from office.
241-Sec. 6. On and after January 1, 2025, K.S.A. 22a-105 is hereby
242-amended to read as follows: 22a-105. Each of the district attorneys
243-elected under this act shall receive an annual salary in the amount of no
244-less than the salary provided for district judges in K.S.A. 75-3120g
245-section 3, and amendments thereto. The salary of each district attorney
246-shall be paid by the county comprising the judicial district in which the
247-district attorney is elected in equal monthly installments and in the
248-manner county officers and employees are paid. The district attorneys
249-and their deputies and assistants shall be reimbursed for their actual
250-travel and subsistence expenses incurred while in the performance of
251-their official duties within or without the district.
252-Sec. 7. On and after January 1, 2025, K.S.A. 40-102 is hereby
253-amended to read as follows: 40-102. There is hereby established a
254-department to be known as the insurance department, which and such
255-department shall have a chief officer entitled the commissioner of
256-insurance who shall receive, except as otherwise provided in K.S.A.
257-75-3111a, and amendments thereto, a salary at a biweekly pay rate of
258-$3,307.81, and such officer. The commissioner of insurance shall be
259-charged with the administration of all laws relating to insurance,
260-insurance companies and fraternal benefit societies doing business in
261-this state, and all other duties which that are or may be imposed upon
262-such officer by law.
263-Sec. 8. On and after January 1, 2025, K.S.A. 75-3103 is hereby
264-amended to read as follows: 75-3103. (a) The lieutenant governor shall
265-receive, as reimbursement for expenses the following: (1) Biweekly the
266-sum of $76.91, except as otherwise provided in subsection (c), and (2)
267-when attending the duties of office or attending any authorized
268-meeting, in addition to other provisions of this section, travel expenses
269-and subsistence expenses and allowances in amounts equal to those
270-provided for by K.S.A. 75-3212, and amendments thereto.
271-(b) In addition to any other compensation provided by law and
272-except as otherwise provided in K.S.A. 75-3111a, and amendments
273-thereto, the lieutenant governor shall also receive for services in the
274-performance of duties imposed by law compensation at the biweekly
275-pay rate of $1,204.35 an annual salary equal to 25% of the amount of
276-annual rate of pay for a member of congress of the United States, not
277-in a leadership role, on such date. While acting as governor, the
278-lieutenant governor shall receive the same salary as the governor. The
279-lieutenant governor may appoint an administrative assistant and other
280-office and stenographic employees, all of whom shall be in the
281-unclassified service of the Kansas civil service act. Such administrative
282-assistant shall receive travel expenses and subsistence expenses or
283-allowances as provided by K.S.A. 75-3212, and amendments thereto,
284-when traveling as authorized by the lieutenant governor.
285-(b)(c) If the lieutenant governor is appointed by the governor
286-under the provision of K.S.A. 75-303, and amendments thereto, the
287-lieutenant governor shall receive a salary to be fixed by the governor
288-pursuant to section 3, and amendments thereto, or a salary as provided
289-for in subsection (a) of this section (b), whichever is greater.
290-(c) Whenever the rates of compensation of the pay plan for
291-persons in the classified service under the Kansas civil service act are
292-increased for payroll periods chargeable to fiscal years commencing
293-after June 30, 2009, the sum provided biweekly for reimbursement of
294-expenses pursuant to subsection (a)(1) for the lieutenant governor shall
295-be increased on the effective date of any such pay plan increase by an
296-amount computed by multiplying the average of the percentage
297-increases in all steps of such pay plan by the biweekly sum provided to
298-the lieutenant governor for reimbursement of expenses as authorized by H Sub for SENATE BILL No. 229—page 6
299-this section.
300-Sec. 9. On and after January 1, 2025, K.S.A. 75-3120k is hereby
301-amended to read as follows: 75-3120k. (a) The annual salary of district
302-magistrate judges shall be paid in equal installments each payroll
303-period in accordance with this section.
304-(b) Subject to the provisions of subsection (c) and except as
305-otherwise provided in K.S.A. 75-3120l, and amendments thereto, the
306-annual salary of district magistrate judges shall be $59,059.
307-(c) Within the limits of the appropriations therefor, the county or
308-counties comprising the judicial district may supplement the salary of,
309-or pay any compensation to, any district magistrate judge. Any such
310-supplemental salary or compensation shall be deposited in the state
311-treasury in accordance with the provisions of K.S.A. 75-4215, and
312-amendments thereto, and shall be credited to the district magistrate
313-judge supplemental compensation fund. Any associated employer
314-contributions and payments with respect to such supplemental salary or
315-compensation that are made payable under law shall be paid by the
316-county or counties providing such supplemental salary or
317-compensation, in addition to such supplemental salary or
318-compensation, in the same manner and under the same conditions and
319-requirements as compensation payable pursuant to subsection (b)
320-section 3, and amendments thereto. All such associated employer
321-contributions and payments shall be remitted for deposit in the state
322-treasury and shall be credited to the district magistrate supplemental
323-compensation fund at the same time and in the same manner as such
324-supplemental salary or compensation. As used in this section, employer
325-contributions shall include, and the county or counties shall be required
326-to contribute, employer contributions required pursuant to K.S.A. 20-
327-2605, and amendments thereto, for any district magistrate judge who is
328-a member of the retirement system for judges.
329-(d)(b) There is hereby established in the state treasury the district
330-magistrate judge supplemental compensation fund.
331-(e)(c) All moneys credited to the district magistrate judge
332-supplemental compensation fund shall be paid to, or on behalf of, the
333-district magistrate judge or district magistrate judges for whom such
334-moneys were remitted by the county or counties subject to the same
335-conditions or restrictions imposed or prescribed by law, including any
336-applicable withholding or other taxes, associated employer
337-contributions and authorized payroll deductions.
338-(f)(d) All expenditures from the district magistrate judge
339-supplemental compensation fund shall be made in accordance with
340-appropriation acts and upon warrants of the director of accounts and
341-reports issued pursuant to payrolls approved by the chief justice of the
342-Kansas supreme court or by a person or persons designated by the chief
343-justice.
344-(g)(e) All salary or other compensation under this section shall be
345-considered to be compensation provided by law for services as a
346-district magistrate judge for all purposes under law.
347-Sec. 10. K.S.A. 46-3101 is hereby repealed.
348-Sec. 11. On and after January 1, 2025, K.S.A. 20-2616, 22a-105,
349-40-102, 75-3101, 75-3103, 75-3104, 75-3108, 75-3110, 75-3111a, 75-
350-3120f, 75-3120g, 75-3120h, 75-3120k and 75-3120l and K.S.A. 2022
351-Supp. 20-318 are hereby repealed. H Sub for SENATE BILL No. 229—page 7
352-Sec. 12. This act shall take effect and be in force from and after its
353-publication in the Kansas register.
354-I hereby certify that the above BILL originated in the
355-SENATE, and passed that body
356-__________________________
357-SENATE adopted
358- Conference Committee Report ________________
359-_________________________
360-President of the Senate.
361-_________________________
362-Secretary of the Senate.
363-
364-Passed the HOUSE
365- as amended _________________________
366-HOUSE adopted
367- Conference Committee Report ________________
368-_________________________
369-Speaker of the House.
370-_________________________
371-Chief Clerk of the House.
372-APPROVED _____________________________
373-_________________________
374-Governor.
8+Section 1. (a) On and after January 1, 2024, any owner or lessee of
9+one or more passenger vehicles or trucks registered for a gross weight of
10+20,000 pounds or less who is a resident of Kansas, upon compliance with
11+the provisions of this section, may be issued one city of Topeka license
12+plate for each such passenger vehicle or truck. Such license plates shall be
13+issued for the same time as other license plates upon proper registration
14+and payment of the regular license fee as provided in K.S.A. 8-143, and
15+amendments thereto, and payment to the county treasurer of the flag image
16+payment provided for in subsection (b).
17+(b) Any motor vehicle owner or lessee may apply annually to use the
18+city of Topeka flag image on a license plate as provided for in this section.
19+Such owner or lessee shall pay an amount of not less than $25 but not
20+more than $100 for each such license plate to be issued. The flag image
21+payment shall be paid to the county treasurer.
22+(c) Any applicant for a license plate authorized by this section may
23+make application for such license plate, not less than 60 days prior to such
24+person's renewal of registration date, on a form prescribed and furnished
25+by the director of vehicles. Any applicant for such license plate shall pay
26+to the county treasurer the flag image payment. Application for registration
27+of a passenger vehicle or truck and the issuance of the license plate under
28+this section shall be made by the owner or lessee in a manner prescribed
29+by the director of vehicles upon forms furnished by the director.
30+(d) No registration or license plate issued under this section shall be
31+transferable to any other person.
32+(e) The director of vehicles may transfer a city of Topeka license
33+plate from a leased vehicle to a purchased vehicle.
34+(f) Renewals of registration under this section shall be made annually,
35+upon payment of the fee prescribed in K.S.A. 8-143, and amendments
36+thereto, and in the manner prescribed in K.S.A. 8-132, and amendments
37+thereto. No renewal of registration shall be made to any applicant until
38+such applicant provides to the county treasurer the flag image payment. If
39+the annual flag image payment is not provided to the county treasurer, the
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76+applicant shall be required to comply with the provisions of K.S.A. 8-143,
77+and amendments thereto, and return the license plate to the county
78+treasurer of such person's residence.
79+(g) The city of Topeka flag image referred to in subsection (b) was
80+adopted by the city of Topeka governing body on November 12, 2019. The
81+flag was designed through a community input process managed by the
82+greater Topeka partnership, inc. No individual or entity claims intellectual
83+property rights to the city of Topeka flag image. Use of the city of Topeka
84+flag image to be displayed on a license plate shall be designed with the
85+approval of the director of vehicles.
86+(h) As a condition of receiving the city of Topeka license plate and
87+any subsequent registration renewal of such license plate, the applicant
88+shall consent to the division authorizing the division's release of motor
89+vehicle record information, including the applicant's name, address, flag
90+image payment amount, plate number and vehicle type to the city of
91+Topeka and the state treasurer.
92+(i) The collection and remittance of annual flag image payments by
93+the county treasurer shall be subject to the provisions of K.S.A. 8-
94+1,141(h), and amendments thereto, except that payments from the city of
95+Topeka flag image fund shall be made on a monthly basis to the greater
96+Topeka partnership, inc. A change of the city's designee shall occur only
97+by mutual agreement by the city of Topeka and the greater Topeka
98+partnership, inc.
99+Sec. 2. This act shall take effect and be in force from and after its
100+publication in the statute book.
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