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HOUSE BILL No. 2261
AN ACT concerning the Kansas highway patrol; relating to the employment classifications
of Kansas highway patrol officers; providing that Kansas highway patrol majors are
to be within the unclassified service and superintendents, assistant superintendents
and majors shall be returned with permanent status to the rank that such officer held
when the officer was appointed to such respective position; amending K.S.A. 2024
Supp. 74-2113 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 74-2113 is hereby amended to read
as follows: 74-2113. (a) (1) There is hereby created a Kansas highway
patrol. The patrol shall consist of:
(A) A superintendent, who shall have the rank of colonel and who
shall have special training and qualifications for the position;
(B) an assistant superintendent, who shall have the rank of
lieutenant colonel; and
(C) officers and troopers who are appointed in accordance with
appropriation acts and as provided in this section.
(2) The superintendent and , assistant superintendent and majors
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 with permanent status 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) The superintendent of the patrol shall be appointed by the
governor, 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. Except as 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.
(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 pursuant to K.S.A. 2024 Supp. 22-4713,
and amendments thereto, 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.
(d) No member of the patrol shall:
(1) Hold any other elective or appointive commission or office,
except:
HOUSE BILL No. 2261—page 2
(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 in
K.S.A. 12-105a, and amendments thereto.
Sec. 2. K.S.A. 2024 Supp. 74-2113 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.