(b) The provisions of the Kansas governmental operations accountability law apply to the department of labor, and the department is subject to audit, review and evaluation under such law.
History: L. 1976, ch. 354, § 1; L. 1981, ch. 299, § 39; L. 1982, ch. 347, § 75; L. 1992, ch. 116, § 52; L. 2001, ch. 86, § 15; L. 2004, ch. 179, § 122; July 1.
(b) Except as otherwise provided by this order, all of the powers, duties, and functions of the existing division of employment and training within the department of human resources and of the existing director of employment and training are hereby transferred to and imposed upon the division of workforce development within the department of commerce and the director of workforce development established by this order.
(c) (1) Except as otherwise provided by this order, all of the powers, duties, and functions of the department of human resources and the secretary of human resources that relate to labor exchange and training, including but not limited to those powers, duties, and functions that relate to the workforce network of Kansas board, the Kansas apprenticeship council, and the commission on disability concerns, are hereby transferred to and imposed upon the department of commerce and the secretary of commerce.
(2) Notwithstanding the provisions of paragraph (c)(1) above, both the secretary of commerce and the secretary of labor shall continue to be ex officio members of the commission on disability concerns.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 2; July 1.
(b) Whenever the department of human resources, or words of like effect, are referred to or designated by a statute, contract, or other document, and such reference or designation is in regard to any function, power, or duty other than those powers, duties, and functions that are transferred to the department of commerce under this order, such reference or designation shall be deemed to apply to the department of labor.
(c) Whenever the secretary of human resources, or words of like effect are referred to or designated by a statute, contract, or other document, and such reference or designation is in regard to any function, power, or duty other than those powers, duties, and functions that are transferred to the department of commerce under this order, such reference or designation shall be deemed to apply to the secretary of labor.
(d) All rules and regulations, orders, and directives of the secretary of the department of human resources that relate to functions other than those functions transferred by this order and that are in effect on the effective date of this order shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the secretary of labor until revised, amended, revoked, or nullified pursuant to law.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 7; July 1.
History: L. 1976, ch. 354, § 2; L. 1978, ch. 332, § 54; L. 1985, ch. 292, § 2; L. 1987, ch. 347, § 8; L. 2004, ch. 179, § 123; July 1.
History: L. 1976, ch. 354, §§ 3, 4; Repealed, L. 1985, ch. 292, § 20; July 1.
History: L. 1976, ch. 354, § 5; L. 1985, ch. 292, § 3; L. 2004, ch. 179, § 124; July 1.
History: L. 1976, ch. 354, §§ 6, 7; Repealed, L. 1985, ch. 292, § 20; July 1.
(b) The director of workers compensation may appoint two assistant directors of workers compensation. The secretary of labor may appoint not to exceed 10 administrative law judges. Such assistant directors shall be in the classified service. Such administrative law judges shall be in the unclassified service under the Kansas civil service act unless an administrative law judge elects to stay in the classified service under subsection (g) of K.S.A. 44-551, and amendments thereto. The assistant directors shall act for and exercise the powers of the director of workers compensation to the extent authority to do so is delegated by the director. The assistant directors and administrative law judges shall be attorneys admitted to practice law in the state of Kansas, and shall have such powers, duties and functions as are assigned to them by the director or are prescribed by law. The assistant directors and administrative law judges shall devote full time to the duties of their offices and shall not engage in the private practice of law during their terms of office.
(c) Assistant directors shall be selected by the director of workers compensation, with the approval of the secretary of labor. Except as otherwise provided under K.S.A. 44-551, and amendments thereto, on and after July 1, 2006, administrative law judges shall be selected by the administrative law judge nominating and review committee and appointed by the secretary of labor. Each assistant director and administrative law judge shall be subject to either dismissal or suspension of up to 30 days for any of the following:
(1) Failure to conduct oneself in a manner appropriate to the appointee's professional capacity;
(2) failure to perform duties as required by the workers compensation act; or
(3) any reason set out for dismissal or suspension in the Kansas civil service act or rules and regulations adopted pursuant thereto.
No appointee shall be appointed, dismissed or suspended for political, religious or racial reasons or by reason of the appointee's sex.
History: L. 1976, ch. 354, § 8; L. 1976, ch. 364, § 1; L. 1979, ch. 156, § 17; L. 1980, ch. 146, § 15; L. 1988, ch. 353, § 1; L. 1993, ch. 286, § 76; L. 2004, ch. 179, § 125; L. 2006, ch. 109, § 2; July 1.
History: L. 1976, ch. 354, § 9; Repealed, L. 1985, ch. 292, § 20; July 1.
History: L. 1976, ch. 354, § 10, L. 1985, ch. 292, § 4; Repealed, L. 1996, ch. 118, § 1; Apr. 11.
History: L. 1976, ch. 354, § 11; Repealed, L. 1985, ch. 292, § 20; July 1.
(b) All rules and regulations and all orders or directives of the agricultural labor relations board, or of any persons authorized by the board to issue orders or directives, in existence on July 1, 1985, shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the agricultural labor relations board until revised, amended, revoked or nullified pursuant to law. Nothing in this act shall affect the authority of the agricultural labor relations board to adopt or promulgate rules and regulations or to issue orders or directives as authorized by law.
History: L. 1976, ch. 354, § 12; L. 1985, ch. 292, § 5; L. 2004, ch. 179, § 126; July 1.
(b) All rules and regulations and all orders or directives of the public employee relations board, or of any persons authorized by the board to issue orders or directives, in existence on July 1, 1985, shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the public employee relations board until revised, amended, revoked or nullified pursuant to law. Nothing in this act shall affect the authority of the public employee relations board to adopt or promulgate rules and regulations or to issue orders or directives as authorized by law.
History: L. 1976, ch. 354, § 13; L. 1985, ch. 292, § 6; L. 2004, ch. 179, § 127; July 1.
History: L. 1976, ch. 354, § 14; L. 1985, ch. 292, § 7; Repealed, L. 2004, ch. 179, § 148; July 1.
History: L. 1976, ch. 354, § 15; Repealed, L. 1985, ch. 292, § 20; July 1.
History: L. 1976, ch. 354, § 18; L. 1985, ch. 292, § 8; L. 1986, ch. 302, § 6; Repealed, L. 2004, ch. 179, § 148; July 1.
History: L. 1976, ch. 354, §§ 19, 20; Repealed, L. 1985, ch. 292, § 20; July 1.
History: L. 1976, ch. 354, § 21; L. 1985, ch. 292, § 9; Repealed, L. 1986, ch. 278, § 8; July 1.
History: L. 1976, ch. 354, § 22; L. 1978, ch. 332, § 55; L. 1985, ch. 292, § 10; Repealed, L. 1986, ch. 278, § 8; July 1.
History: L. 1976, ch. 354, § 23; Repealed, L. 1985, ch. 292, § 20; July 1.
History: L. 1976, ch. 354, § 24; L. 1985, ch. 292, § 11; L. 2004, ch. 179, § 128; July 1.
History: L. 1976, ch. 354, § 25; L. 1985, ch. 292, § 12; L. 2004, ch. 179, § 129; July 1.
History: L. 1976, ch. 354, § 26; L. 1985, ch. 292, § 13; L. 2004, ch. 179, § 130; July 1.
History: L. 1976, ch. 354, §§ 27, 28; Repealed, L. 1985, ch. 292, § 20; July 1.
History: L. 1976, ch. 354, § 29; L. 1985, ch. 292, § 14; L. 2004, ch. 179, § 131; July 1.
History: L. 1976, ch. 354, §§ 30, 31; Repealed, L. 1985, ch. 292, § 20; July 1.
History: L. 1976, ch. 354, § 32; L. 2004, ch. 179, § 132; July 1.
History: L. 1976, ch. 354, § 33; L. 2004, ch. 179, § 133; July 1.
History: L. 1976, ch. 354, § 34; Repealed, L. 1985, ch. 292, § 20; July 1.
(b) The secretary of labor shall remit all moneys received by or for the secretary for any special project 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 department of labor special projects fund. On and after July 1, 2004, the human resources special projects fund is hereby redesignated as the department of labor special projects fund. Whenever the human resources special projects fund, or words of like effect, are referred to or designated by a statute, rule and regulation, contract or other document, such reference or designation shall be deemed to apply to the department of labor special projects fund. All expenditures from such fund shall be made in accordance with appropriation acts and any applicable contract or agreement upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary, or by a person or persons designated by the secretary.
(c) The secretary of labor may employ such personnel as may be necessary, in the judgment of the secretary, to effect any special project. All persons employed for any special project, including the director of each special project, which special project shall have a noncontingent and nonrenewable duration of less than 300 consecutive calendar days, shall be in the unclassified service of the Kansas civil service act and shall receive salaries fixed by the secretary, with the approval of the governor. All persons employed for any other special project, or where conditions of the grant, collection, contract, agreement or gift so stipulate, shall be in the classified service under the Kansas civil service act.
History: L. 1976, ch. 370, § 1; L. 1985, ch. 292, § 15; L. 1991, ch. 267, § 1; L. 2001, ch. 5, § 406; L. 2004, ch. 179, § 134; July 1.
History: L. 1976, ch. 357, § 1; L. 1985, ch. 292, § 16; L. 2004, ch. 179, § 135; July 1.
History: L. 1987, ch. 323, § 1; L. 2004, ch. 179, § 136; Repealed, L. 2005, ch. 132, § 14; April 21.
History: L. 1939, ch. 293, § 4; L. 1976, ch. 370, § 87; L. 2004, ch. 179, § 137; July 1.
(b) The older Kansans employment program shall be designed as follows:
(1) The program shall provide to older Kansans an employment placement service with emphasis on employment in the private sector, including nontraditional patterns of employment; and
(2) The program shall provide training in job seeking skills to potential employees who are older Kansans and assistance to potential employers in utilizing the contributions of older Kansans to their work force.
(c) The secretary shall prepare annually a report evaluating the effectiveness of the older Kansans employment program and recommending measures to increase the number of older Kansans gainfully employed. The report shall be prepared and made available annually to the governor, members of the legislature, the secretary of aging, the commerce development council and the members of the advisory council on aging no later than December 15 each year.
(d) As used in this section, "older Kansan" means a resident of the state of Kansas who is 55 years of age or older.
History: L. 1996, ch. 73, § 1; L. 2004, ch. 179, § 138; July 1.
(b) The state directory of new hires shall receive, retain and, to the extent permitted by federal law, make information reported to the directory available pursuant to subsection (c).
(c) Except as otherwise permitted by federal law, any agency receiving information from the state directory of new hires shall handle the information as confidential information for use in administering the programs for which it was received. The state directory of new hires shall make information available:
(1) Upon implementation of the national directory of new hires, to the national directory; and
(2) to the secretary of social and rehabilitation services for use in administering an eligibility verification system and, not later than May 1, 1998, the title IV-D program.
(d) Any employer who reports electronically or magnetically and is required to report newly hired employees to more than one state may elect to transmit all such reports to one state by complying with the requirements of title IV-D.
(e) Beginning July 1, 1999, the secretary of labor shall annually delete information about individuals contained in the new hires directory if the information is at least two years old. Nothing in this subsection shall be construed as requiring the secretary of labor to delete information needed to administer the employment security or workers compensation programs.
History: L. 1997, ch. 182, § 1; L. 1999, ch. 21, § 1; L. 2004, ch. 179, § 139; July 1.
(b) The department of social and rehabilitation services shall have access to such information to match the employee's social security number with title IV-D cases.
History: L. 1997, ch. 182, § 85; L. 1999, ch. 21, § 2; L. 2004, ch. 179, § 140; July 1.