38-1901. Kansas children's cabinet; membership and terms; qualifications; substantial interests prohibited; duties; expense allowances.
38-1901
38-1901. Kansas children's cabinet; membership andterms; qualifications; substantial interests prohibited; duties; expenseallowances.On and after the effective date of this act:
(a) The advisory committee on children and families is herebyredesignated and shall be known and referred to as the Kansaschildren's cabinet.
(b) TheKansas children'scabinet shall consist of 15members as follows: (1) The secretary of health and environment, or thesecretary's designee; (2) thesecretary of social and rehabilitation services, or the secretary'sdesignee; (3) a member of the state board of regents selected by thestateboard of regents, or such member's designee; (4) the commissioner ofeducation, or the commissioner's designee; (5) the commissionerof juvenilejustice, or the commissioner's designee; (6) a member of the Kansassupremecourt selected by the Kansassupreme court, or such member's designee; (7)five membersof the public who are interested in and knowledgeable about the needs ofchildren and families shall be appointed by the governor,which, subject to the provisions of subsection (e), mayinclude persons who are children's advocates, members of organizations withexperience in programs that benefit children or other individuals who haveexperience with children's programs and services; (8) one person appointed bythe speaker of the house of representatives; (9) one person appointed by theminority leader of the house of representatives; (10) one person appointed bythe president of the senate; and (11) one person appointed by the minorityleader of the senate. The members designated by clauses (1), (2), (3), (4),(5) and (6) of this subsection shall be nonvoting members of the Kansaschildren's cabinet. All other members shall be voting members.
(c) (1) Except as provided in paragraph (2) of this subsection, themembers of theKansas children's cabinet appointedby the governor, speaker, president and minority leaders shall servefor terms of four yearsand until their successors are appointed and qualified. The governorshall appoint a chairperson of the committee from among themembers appointed by the governor. The chairperson shall serve in such officethroughout such member's current term of office and until a successor isappointed and qualified. The members of the Kansas children's cabinet may electany additional officers from among itsmembers necessary to carry out the duties and functions of theKansas children's cabinet.
(2) Of the members first appointed by the governor, two shall be appointedforterms of two years,two shall be appointed for terms of three years and the member selected by thegovernor to be thechairperson shall be appointed for a term of four years. The member firstappointed by the speaker of thehouse of representatives shall be appointed for a term of one year, the memberfirst appointed by theminority leader of the house of representatives shall be appointed for a termof two years, the member firstappointed by the president of the senate shall be appointed for a term of threeyears and the member firstappointed by the minority leader of the senate shall be appointed for a term offour years. The governor shalldesignate the term for which each of the members first appointed by thegovernor shall serve.
(3) All members appointed to fill vacancies in the membership of the Kansaschildren's cabinet andall members appointed to succeed members appointed to membership on the Kansaschildren's cabinet shallbe appointed in like manner as that provided for the original appointment ofthe member succeeded. Allmembers appointed to fill vacancies of a member of the Kansas children'scabinet appointed by thegovernor, the speaker of the house of representatives, the minority leader ofthe house of representatives,the president of the senate or the minority leader of the senate shall beappointed to fill the unexpired termof such member.
(d) Not more than three members of the Kansas children's cabinetappointed by the governor undersubsection (b)(7) shall be members of the same political party.
(e) (1) No person shall serve on the Kansas children's cabinet ifsuch person hasknowingly acquired a substantial interest in any business. Any such person whoknowinglyacquires such an interestshall vacate such member's position on the Kansas children's cabinet.
(2) For purposes of this subsection, "substantialinterest" means any of the following:
(A) If an individual or an individual's spouse, eitherindividually or collectively, hasowned within the preceding 12 months a legal or equitable interest exceeding$5,000 or 5% ofany business, whichever is less, the individual has a substantial interest inthat business.
(B) If an individual or an individual's spouse, eitherindividually or collectively, hasreceived during the preceding calendar year compensation which is or will berequired to beincluded as taxable income on federal income tax returns of the individual andspouse in anaggregate amount of $2,000 from any business or combination of businesses, theindividual has asubstantial interest in that business or combination of businesses.
(C) If an individual or an individual's spouse holds theposition of officer, director,associate, partner or proprietor of any business, the individual has asubstantial interest in thatbusiness, irrespective of that amount of compensation received by theindividual or theindividual's spouse.
(D) If an individual or an individual's spouse receivescompensation which is a portion orpercentage of each separate fee or commission paid to a business or combinationof businesses,the individual has a substantial interest in any client or customer who paysfees or commissionsto the business or combination of businesses from which fees or commissions the individual orthe individual's spouse, either individually or collectively, received anaggregate of $2,000 ormore in the preceding calendar year.
(3) As used in this subsection, "client or customer" means a businessor combination ofbusinesses.
(4) As used in this subsection, "business" means any entity which is eligibleto receive funds from the children's initiatives fund, as provided in K.S.A.38-2102and amendments thereto, from the children's initiatives accountability fund,established by K.S.A. 38-2103 and amendments thereto, or from thefamily andchildren trust account of thefamily and children investment fund, as provided in K.S.A. 38-1808 andamendments thereto.
(f) TheKansaschildren's cabinet shall meet upon the callof thechairperson as necessary to carry out the duties and functions of theKansas children's cabinet. A quorum of the Kansaschildren's cabinet shall be five voting members.
(g) TheKansaschildren's cabinet shall have and performthe following functions:
(1) Assist the governor in developing and implementing a coordinated,comprehensive service delivery system to serve the children and families ofKansas;
(2) identify barriers to service and gaps in service due to strictdefinitions of boundaries between departments and agencies;
(3) facilitate interagency and interdepartmental cooperation toward thecommon goal of serving children and families;
(4) investigate and identify methodologies for the combining of funds acrossdepartmental boundaries to better serve children and families;
(5) propose actions needed to achieve coordination of funding and servicesacross departmental lines;
(6) encourage and facilitate joint planning and coordination between thepublic and private sectors to better serve the needs of children andfamilies; and
(7) perform the duties and functions prescribed by K.S.A. 38-2103,and amendmentsthereto.
(h) Members of theKansas children's cabinet shall not bepaid compensation, but shall receive subsistence allowances, mileage and otherexpenses as provided by K.S.A. 75-3223, and amendments thereto. Thesubsistence allowances, mileage and other expenses as provided in K.S.A.75-3223 and amendments thereto shall be paid from available appropriations ofthe department of socialand rehabilitation services except that expenses of members who are employed bya stateagency shall be reimbursed by that state agency.
(i) On the effective date of this act, the advisory committee on childrenand families is hereby abolished and all powers, duties, functions, records andother property of the advisory committee on children and families are herebytransferred to the Kansas children's cabinet created by this section. Except asotherwise specifically provided by this act, the Kansas children's cabinetshall be a continuation of the advisory committee on children and families asit existed prior to the effective date of this act.
History: L. 1997, ch. 156, § 34;L. 1999, ch. 172, § 8; July 1.