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Minutes for HB2273 - Committee on Appropriations

Short Title

Appropriations for FY 2024, FY 2025 and FY 2026 for various state agencies.

Minutes Content for Tue, Mar 21, 2023

Dylan Dear, Assistant Director for Fiscal Affairs, Legislative Research Department, provided an overview on actions taken in regards to budget recommendations, and provided to committee members three resources for use during budget discussions. The first document described every change from the Governor's recommendations made by the Appropriations Committee. (Attachment 1) The second document contained the items that were placed on a list to review prior to finalization of the budget, before first adjournment. Some items are currently included in the budget, as indicated. (Attachment 2) The third document contained items tagged for review after first adjournment and consensus review estimates are released. It is possible for an item to be on the second and third documents. (Attachment 3)

In regards to item 2 under the Office of Governor, Chairperson Waymaster inquired about the amount of unencumbered balances of ARPA funds. The Legislative Research Department provided a report from the Office of Recovery. (Attachment 4)

Representative Williams requested proviso language about other future federal funds coming to the state for purposes of being proactive, so that Kansas is not in the same situation as several years ago where funds bypassed the legislative process. Chairperson Waymaster informed committee members that the Appropriations Committee could have a proviso or an amendment specifying any future federal dollars coming into the state may go through the legislative process, and the language can be added when the Appropriations Committee starts working on the budget.

Representative Woodard informed committee members that the Department of Commerce deletions didn't make it to the third document. Dylan Dear responded they will get added.

Representative Landwehr requested more information about the Emporia State University's item to add $9 million SGF to an investment model account for FY 2024. Representative Howe informed committee members that Emporia State University (ESU) requested 3 years of funds, but the budget committee only recommended one. The first year was $9 million, the second year was $8 million, and the third year was $7.5 million. For 18 years, ESU had declining enrollment of students on campus. New leadership worked to realign their resources, so they could be successful in years ahead. They reduced 47 FTE staff that saved them $5 million and reinvested in succeeding programs that have growth. They still have a $10 million deficit, and are asking the legislature for a 3-year commitment. The Higher Education budget committee only recommended funding for the first year at $9 million SGF in FY 2024, and requested they come back to provide an update with their success. Chairperson Waymaster informed committee members that the University of Kansas right-sized with the current chancellor and did not receive any benefit from the state for their efforts.

Representative Helgerson informed committee members that the Governor may have taken liberty in what they put into the budget that was not passed by the legislature. Under the present rules and statutes, the Governor's office cannot add the money in for Medicaid expansion, because the legislature has not acted on it. There are other areas that statute may require something be done and it was not followed. He provided an example of nursing home requirements and what was funded. The legislature is to fund nursing homes based on caseloads and increases according to statute. Questions exist about the way the budget was put together. Dylan Dear responded that he didn't have any questions personally, and the Governor's budget is just a starting-point recommendation, the legislature is not compelled to fund caseloads at that level, and he would not opine if there was a statutory violation in the rules regarding budget submission at this point.

For FY 2025, there are some biennial agencies and a limited number of fee-funded agencies that submit two-year budgets. A difference between this year's budget bill from previous years is the funding for the Board of Regents and the Department of Education in FY 2025. 

Chairperson Waymaster opened discussion on HB2273.

Representative Hoffman moved, Representative Francis seconded, to take the contents of HB2273 and HB2274 and insert them into SB42 as additional content. Motion carried.