As Further Amended by House Committee
As Amended by House Committee
HOUSE BILL No. 2450
By Committee on Judiciary
2-10
10 AN ACT concerning the judicial branch of state government; relating to
11 the budget therefor; amending K.S.A. 20-158, 75-3718 and 75-3721
12 and K.S.A. 1999 Supp. 20-158 and repealing the existing section
13 sections.
14
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 20-158 is hereby amended to read as follows: 20-
17 158. The chief justice of the supreme court shall be responsible for the
18 preparation of the budget for the judicial branch of state government,
19 with such assistance as the chief justice may require from the judicial
20 administrator, the chief judge of the court of appeals and the administra-
21 tive judge of each judicial district. Each district court and the court of
22 appeals shall submit their budget requests to the chief justice in such
23 form and at such time as the chief justice may require. The chief justice
24 shall submit to the director of the budget the annual budget request for
25 the judicial branch of state government for inclusion in the annual budget
26 document governor's budget report for appropriations for the judici-
27 ary. Such budget shall be prepared and submitted as a budget estimate
28 in the manner provided by K.S.A. 75-3716 and 75-3717, and amendments
29 thereto. Such budget shall include the request for expenditures for retired
30 justices and judges performing judicial services or duties under K.S.A.
31 20-2616, and amendments thereto, as a separate item therein. The direc-
32 tor of the budget shall review and may make such recommendations to
33 the legislature for proposed changes in such budget as the director deems
34 necessary and appropriate.
35 Section 1. K.S.A. 1999 Supp. 20-158 is hereby amended to
36 read as follows: 20-158. The chief justice of the supreme court shall
37 be responsible for the preparation of the budget for the judicial
38 branch of state government, with such assistance as the chief jus-
39 tice may require from the judicial administrator, the chief judge
40 of the court of appeals and the chief judge of each judicial district.
41 Each district court and the court of appeals shall submit their
42 budget requests to the chief justice in such form and at such time
2
1 as the chief justice may require. The chief justice shall submit to
2 the director of the budget the annual budget request for the ju-
3 dicial branch of state government for inclusion in the annual budget
4 document governor's budget report for appropriations for the judici-
5 ary. Such budget shall be prepared and submitted as a budget es-
6 timate in the manner provided by K.S.A. 75-3716 and 75-3717 and
7 amendments thereto. Such budget shall include the request for
8 expenditures for retired justices and judges performing judicial
9 services or duties under K.S.A. 20-2616 and amendments thereto
10 as a separate item therein. The director of the budget shall review and
11 may make such recommendations to the legislature for proposed changes
12 in such budget as the director deems necessary and appropriate.
13 Sec. 2. K.S.A. 1998 Supp. 75-3718 is hereby amended to read
14 as follows: 75-3718. (a) The director of the budget shall have in
15 continuous process and revision a tentative budget for the coming
16 years, in the light of direct studies of the operations, plans and
17 needs of the state agencies and of the existing and prospective
18 sources of revenue. Except as otherwise provided by this section, after
19 summarizing estimates of funds which may be available and the
20 estimated requirements for the several state agencies, the director
21 shall cause them to be reviewed in relation to the general financial
22 condition and needs of the state and shall cause to be made such
23 further inquiries and investigations, and such revision of the ten-
24 tative budget, as the director may deem necessary.
25 (b) Not later than November tenth of each year, the director
26 of the budget shall notify each state agency in writing of any re-
27 vision of its requests and the agency affected may request a hear-
28 ing thereon which request may be filed within ten (10) days after
29 receipt of notice but, in any case, not later than November twen-
30 tieth 20 of such year. If requested, the secretary of administration
31 shall hold hearings on the tentative budget at which the adminis-
32 trative head of each state agency or the representative of such
33 administrative head shall be entitled to be heard. The hearings
34 provided for herein shall be concluded not later than December
35 15 of such year.
36 (c) The director of the budget shall not revise the budget estimate for
37 the judicial branch of state government that is submitted pursuant to
38 K.S.A. 20-158, and amendments thereto.
39 Sec. 3. K.S.A. 1998 Supp. 75-3721 is hereby amended to read
40 as follows: 75-3721. (a) On or before the eighth calendar day of
41 each regular legislative session, the governor shall submit the
42 budget report to the legislature, except that in the case of the reg-
43 ular legislative session immediately following the election of a gov-
3
1 ernor who was elected to the office of governor for the first time,
2 that governor shall submit the budget report to the legislature on
3 or before the 21st calendar day of that regular legislative session.
4 (b) The budget report of the governor shall be set up in three
5 parts, the nature and contents of which shall include the following:
6 (1) Part one shall consist of a budget message by such gover-
7 nor, including the governor's recommendations with reference to
8 the fiscal policy of the state government for the current fiscal year
9 and the ensuing fiscal year, describing the important features of
10 the budget plan for each of the fiscal years included, embracing a
11 general budget summary setting forth the aggregate figures of the
12 budget so as to show the balanced relation between the total pro-
13 posed expenditures and the total anticipated income for the cur-
14 rent fiscal year and the ensuing fiscal year, with the basis and fac-
15 tors upon which the estimates were made, and the means of
16 financing the budget plan for the each of the fiscal years included,
17 compared with the corresponding figures for at least the last com-
18 pleted fiscal year, and the director of the budget shall prepare the
19 figures for the governor for such comparisons.
20 (A) The budget plan shall not include (i) any proposed expend-
21 itures of anticipated income attributable to proposed legislation
22 that would provide additional revenues from either current or new
23 sources of revenue, or (ii) any proposed expenditures of moneys
24 in the ending balance in the state general fund required by K.S.A.
25 75-6702, and amendments thereto.
26 (B) The general budget summary may be supported by explan-
27 atory schedules or statements, classifying the expenditures con-
28 tained therein by state agencies, objects, and funds, and the in-
29 come by state agencies, funds, sources and types. The general
30 budget summary shall include all special or fee funds as well as
31 the state general fund, and shall include the estimated amounts of
32 federal aids, for whatever purpose provided, together with esti-
33 mated expenditures therefrom.
34 (2) Part two shall embrace the detailed budget estimates for
35 each of the fiscal years included, both of expenditures and reve-
36 nues, showing the requests of the state agencies, if any, and the
37 incoming governor's recommendations thereon. It shall also in-
38 clude statements of the bonded indebtedness of the state, showing
39 the actual amount of the debt service for at least the last completed
40 fiscal year, and the estimated amount for the current fiscal year
41 and for each of the ensuing fiscal years included, the debt author-
42 ized and unissued, and the condition of the sinking funds.
43 (3) Part three shall consist of a draft of a legislative measure
4
1 or measures reflecting the incoming governor's budget for all of
2 the fiscal years included in the budget report.
3 (c) The division of the budget shall compile a children's budget
4 document consisting of the information contained in agency
5 budget estimates regarding programs that provide services for
6 children and their families. Such document shall be provided to
7 the joint committee on children and families; the Kansas commission
8 on children, youth and families, established by the governor's ex-
9 ecutive order number 91-145; and other persons or entities on
10 request.
11 (d) The division of the budget, upon request, shall furnish the
12 governor or the legislature with any further information required
13 concerning the budget.
14 (e) Nothing in this section shall be construed to restrict or limit
15 the privilege of the governor to present supplemental budget mes-
16 sages or amendments to previous budget messages, which may in-
17 clude proposals for expenditure of new or increased sources of
18 revenue derived from proposed legislation.
19 (f) The budget estimate for the judicial branch as submitted to the
20 director of the budget pursuant to K.S.A. 20-158, and amendments
21 thereto, shall be included in the governor's budget report.
22 Sec. 2. 4. K.S.A. 20-158 is, 75-3718 and 75-3721 and K.S.A. 1999
23 Supp. 20-158 are hereby repealed.
24 Sec. 3. 5. This act shall take effect and be in force from and after its
25 publication in the statute book.