reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3702k Transfer of powers and duties of Kansas, Inc., its board, president and chief executive officer to the secretary of commerce.

75-3702k. Transfer of powers and duties of Kansas, Inc., its board, president and chief executive officer to the secretary of commerce.
(a) The secretary of commerce, for the sole purpose of efficiently wrapping up and concluding the affairs of Kansas, Inc. and satisfying any outstanding liabilities or commitments of Kansas, Inc., shall be the successor in every way to the powers, duties, and functions of the Kansas, Inc., and its chief executive officer and president, hereinafter referred to as president, in which the same were vested prior to the effective date of this order. Every act performed in the exercise of such abolished powers, duties, and functions by or under the authority of the secretary of commerce shall be performed by the existing employees of the department of commerce and shall be deemed to have the same force and effect as if performed by Kansas, Inc., or its president in which such powers, duties, and functions were vested prior to the effective date of K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto.
(b) In furtherance of the sole purpose set forth in subsection (a) above, whenever Kansas, Inc., or words of like effect are referred to or designated by a statute, contract, memorandum of agreement or other document, such reference or designation shall be deemed to apply to the secretary of commerce.
(c) In furtherance of the sole purpose set forth in subsection (a) above, whenever the president of Kansas Inc., or words of like effect are referred to or designated by a statute, contract, memorandum of agreement or other document, such reference or designation shall be deemed to apply to the secretary of commerce.
(d) In furtherance of the sole purpose set forth in subsection (a) above, all rules and regulations, orders, and directives of Kansas, Inc., or its president which are in effect on the effective date of K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the secretary of commerce, until revised, amended, revoked or nullified pursuant to law.
(e) In furtherance of the sole purpose set forth in subsection (a) above, all orders and directives of the Kansas, Inc., or its president in existence on the effective date of K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto, shall continue to be effective and shall be deemed to be orders and directives of the secretary of commerce, until revised, amended or nullified pursuant to law.
History:
Executive Reorganization Order No. 37, § 2; L. 2011, ch. 133, § 2; L. 2012, ch. 65, § 30; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3702l Transfer of real property of Kansas, Inc.

75-3702l. Transfer of real property of Kansas, Inc.
(a) The secretary of commerce shall succeed to whatever right, title or interest that Kansas, Inc., has acquired in any real property in this state, and the secretary of commerce shall hold the same for and in the name of the state of Kansas.
(b) Whenever any statute, contract, deed or other document concerns the power or authority of Kansas, Inc., or its president to acquire, hold or dispose of real property or any interest therein, the secretary of commerce shall succeed to such power or authority.
History:
Executive Reorganization Order No. 37, § 3; L. 2011, ch. 133, § 3; L. 2012, ch. 65, § 31; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3702m Transfer of records of Kansas, Inc.

75-3702m. Transfer of records of Kansas, Inc.
The secretary of commerce shall have the legal custody of all records, memoranda, writings, entries, prints, representations, electronic data or combinations thereof of any act, transaction, occurrence or event of Kansas, Inc., or its president.
History:
Executive Reorganization Order No. 37, § 4; L. 2011, ch. 133, § 4; L. 2012, ch. 65, § 32; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3702n Transfer of funds of Kansas, Inc.

75-3702n. Transfer of funds of Kansas, Inc.
(a) The balances of all funds or accounts thereof appropriated or reappropriated for Kansas, Inc., relating to the powers, duties, and functions abolished by K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto, are hereby transferred within the state treasury to the department of commerce and shall be used only for the purpose for which the appropriation was originally made.
(b) Liability for all accrued compensation or salaries of officers and employees who are employees of Kansas, Inc., during the period commencing on the first day of the first payroll period chargeable to fiscal year 2012 and ending in* on June 30, 2011, shall be assumed and paid by the department of commerce.
History:
Executive Reorganization Order No. 37, § 5; L. 2011, ch. 133, § 5; L. 2012, ch. 65, § 33; July 1.
* The "in" should be deleted.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3702o Resolution of conflicts in transfers from Kansas, Inc.

75-3702o. Resolution of conflicts in transfers from Kansas, Inc.
When any conflict arises as to the disposition of any records, property, power, duty, or function or the unexpended balance of any appropriation as a result of any abolition made by or under the authority of K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
History:
Executive Reorganization Order No. 37, § 6; L. 2011, ch. 133, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3702p Preservation of civil rights of actions and proceedings involving Kansas, Inc.; criminal actions involving Kansas, Inc. not to abate.

75-3702p. Preservation of civil rights of actions and proceedings involving Kansas, Inc.; criminal actions involving Kansas, Inc. not to abate.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto, or by or against any officer of the state in such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto. The court may allow any such suit, action, or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto.
History:
Executive Reorganization Order No. 37, § 7; L. 2011, ch. 133, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3703 Secretary to have custody of records; seal; copies of records.

75-3703.
Secretary to have custody of records; seal; copies of records.
Except as otherwise provided in this act, the secretary of administration shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof, of any act, transaction, occurrence or event of the department of administration.
The secretary of administration shall keep a seal which shall be surrounded by the words "secretary of administration of the department of administration of Kansas," which shall be of such diameter and with such device as the governor and the secretary of administration may prescribe, an impression of which shall be filed in the office of secretary of state. Copies of any such department of administration record, memorandum, writing, entry, print, representation, or combination thereof, or of any production thereof pursuant to any authority conferred by law, certified by him or her, and authenticated by seal, shall in all cases be evidence in all courts or administrative agencies equally and in like manner as the original.
History:
L. 1953, ch. 375, § 3; L. 1965, ch. 461, § 2; L. 1972, ch. 332, § 68; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3705a Attorneys for department; appointment; unclassified; chief attorney.

75-3705a.
Attorneys for department; appointment; unclassified; chief attorney.
The secretary of administration may appoint attorneys for the department of administration and its divisions and officers, except attorneys for the state finance council. All attorneys appointed under this section shall be subject to assignment and reassignment of duty within the department of administration as may be determined by the attorney designated by the secretary of administration as chief attorney of the department of administration. All attorneys appointed hereunder shall be in the unclassified service and shall receive annual salaries fixed by the secretary of administration and approved by the state finance council.
History:
L. 1972, ch. 332, § 29; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3706 Rules and regulations; procedure for adoption and approval.

75-3706.
Rules and regulations; procedure for adoption and approval.
The secretary of administration shall submit to the governor proposed rules and regulations with respect to the manner of performance of any power or duty of the department, the execution of any business of the department and its relations to and business with other state agencies, appeals from the final decisions or final actions of the secretary of administration, and such other matters as are provided by law. Before any such proposed rules and regulations are submitted to the governor, the same shall have received the approval required by K.S.A. 77-420, the attorney general shall have made the finding required by K.S.A. 77-420, and the secretary of administration shall have held the hearing thereon required by K.S.A. 77-421. The governor shall either approve, modify and approve or reject any such proposed rules and regulations. The secretary of administration shall adopt such rules and regulations so approved or so modified and approved.
History:
L. 1953, ch. 375, § 6; L. 1972, ch. 332, § 69; L. 1980, ch. 275, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3707 Functions of department in general.

75-3707.
Functions of department in general.
In general, but not by way of limitation, the department of administration shall have and exercise administrative functions of the state, in the manner as provided by law, in relation to:
(1) Developing financial policies and plans for consideration by the governor and incoming governor as the basis for the budget and recommendations to the legislature, and preparing the detailed documents in accordance with such financial plans for presentation to the legislature.
(2) Coordinating and supervising the fiscal affairs and fiscal procedures of the state to insure the carrying into effect of the definite financial policies and plans approved by the legislature.
(3) Accounting, including budgetary accounting, and accounting control of the incurring of obligations.
(4) Fiscal reporting.
(5) Preauditing of claims, commitments, disbursements, receipts and receivables.
(6) Special investigations upon request of the governor or the finance council.
(7) Purchasing.
(8) Storekeeping and control of stores.
(9) Installing and maintaining records of state property and establishing accountability for property of state agencies.
(10) Keeping accounts concerning receivables.
(11) Issuing warrants on the state treasurer for all claims to be paid out of the state treasury.
(12) Developing plans for improvements and economies in organization and operation of the several state agencies and installing such plans as are approved by the respective heads of such agencies or as directed by law or by the governor with the approval of the finance council.
(13) Personnel matters as to (a) recruitment, (b) working conditions, (c) terms of employment, (d) vacations, (e) sick and other leaves, (f) tenure and termination of employment, (g) pay scales, and (h) determining when and if salary ranges assigned to classified positions shall be changed so as to either increase or decrease the cost of such employment.
History: L. 1953, ch. 375, § 7; L. 1972, ch. 332, § 70; L. 1978, ch. 332, § 43; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3707e Security conditions of employment, persons with access to data, telecommunications or other security-sensitive areas.

75-3707e. Security conditions of employment, persons with access to data, telecommunications or other security-sensitive areas.
As the infrastructure provider for information technology for the state of Kansas, the office of information technology services must insure the highest level of information security and privacy in order to protect law enforcement, state agencies and the citizens of Kansas. Toward this objective, the department of administration or the office of information technology services shall require as a condition of employment that individuals who have unescorted physical access to the data center, telecommunications facilities and other security sensitive areas as designated by the secretary of administration or the executive chief information technology officer be fingerprinted, and such fingerprints shall be submitted to the Kansas bureau of investigation and to the federal bureau of investigation for the purposes of verifying the identity of such individuals and obtaining records of criminal arrests and convictions.
History:
L. 2002, ch. 6, § 1; L. 2013, ch. 62, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3708 Membership of state finance council; chairperson; secretary.

75-3708.
Membership of state finance council; chairperson; secretary.
There is hereby created the state finance council consisting of nine members. The members of the finance council shall be (1) the governor, (2) the president of the senate, (3) the speaker of the house of representatives, (4) the majority floor leader of the senate, (5) the minority floor leader of the senate, (6) the chairperson of the senate committee on ways and means, (7) the majority floor leader of the house of representatives, (8) the minority floor leader of the house of representatives, and (9) the chairperson of the house of representatives committee on appropriations. The governor shall be the chairperson and the secretary of administration shall be the secretary of the council but shall not be a member of such council.
History: L. 1953, ch. 375, § 8; L. 1973, ch. 157, § 13; L. 1974, ch. 387, § 1; L. 1987, ch. 196, § 14; February 19.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3709 Vacancies in office.

75-3709.
Vacancies in office.
In case of a vacancy in the office of the governor, president of the senate, speaker of the house of representatives, the majority or minority floor leader of the senate, or the majority or minority floor leader of the house of representatives, such officers successor shall be a member of the finance council. In the event of a vacancy in the council in case of:
(a) The chairperson of the senate committee on ways and means, the president of the senate shall appoint a successor from the membership of such committee; and
(b) the chairperson of the house of representatives committee on appropriations, the speaker of the house shall appoint a successor from the membership of such committee.
History: L. 1953, ch. 375, § 9; L. 1974, ch. 387, § 2; L. 1987, ch. 196, § 15; February 19.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3710 Meetings; compensation and expenses; notice and agenda of meetings to certain state officers and members of legislature; copies of minutes.

75-3710.
Meetings; compensation and expenses; notice and agenda of meetings to certain state officers and members of legislature; copies of minutes.
Upon call of the chairman, the state finance council shall meet as often as may be necessary to perform its duties. The legislative members of the state finance council shall for attendance at meetings of the state finance council receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto. The director of legislative administrative services, the director of the legislative research department and each member of the state finance council shall be given notice by the chairman of each meeting called and a copy of the agenda therefor and a copy of all accompanying documents in advance of such meeting, except in cases of emergency. Upon such notification, the director of legislative administrative services shall mail a notice of the meeting of the state finance council to each member of the legislature, together with a copy of the agenda, and shall keep a copy of the agenda and of all accompanying documents for such meeting on file. The agenda for each meeting of the finance council shall indicate whether there are accompanying documents for any agenda item, the nature of such documents and that a copy of each such document is on file with the director of legislative administrative services. Notwithstanding the above, the chairman of the state finance council may add items to the agenda at the time of any meeting of the state finance council. The chairman shall cause minutes to be prepared for each meeting of the council, and a copy thereof shall be sent to each person who is required by this section to be notified of the council's meetings.
History:
L. 1953, ch. 375, § 10; L. 1968, ch. 208, § 12; L. 1974, ch. 387, § 3; L. 1975, ch. 447, § 1; L. 1976, ch. 233, § 2; April 20.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3711a Receipt and expenditure of grants and moneys from federal or state agencies or other sources not otherwise authorized by law; approval of finance council; guidelines; limitation on commitments.

75-3711a.
Receipt and expenditure of grants and moneys from federal or state agencies or other sources not otherwise authorized by law; approval of finance council; guidelines; limitation on commitments.
(a) Any state agency not otherwise specifically authorized by law may, with the approval of the state finance council, receive grants of money and funds appropriated under any federal act or from any other source.
(b) Subject to the provisions of K.S.A. 75-3711b, and amendments thereto, any state agency not otherwise specifically authorized by law may contract with and (1) receive or spend or transfer or (2) receive and spend or transfer moneys from other state or federal agencies, with the approval of the state finance council.
(c) In addition to the findings required by subsection (c) of K.S.A. 75-3711c, and amendments thereto, functions under subsections (a) and (b) of this section shall be exercised only after a finding by the governor and a majority vote of the legislative members of the state finance council that the program proposed will benefit the health or welfare of the people of this state.
(d) No authorization under this section shall undertake to give any vested commitment that a future legislative enactment will provide any additional state funds to the purpose of the proposed program.
History:
L. 1973, ch. 355, § 1; L. 1975, ch. 448, § 1; L. 1976, ch. 388, § 3; L. 1979, ch. 289, § 1; L. 2003, ch. 114, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3711b Same; approval unnecessary for certain contracts between state educational institutions and state agencies or if otherwise authorized by law; copies of such contracts filed with legislative research department.

75-3711b.
Same; approval unnecessary for certain contracts between state educational institutions and state agencies or if otherwise authorized by law; copies of such contracts filed with legislative research department.
(a) Nothing in K.S.A. 75-3711a, and amendments thereto, shall be construed to require approval of the state finance council to allow any state agency specifically authorized by any other statute to do so, to receive grants of money and funds appropriated under any federal act or from any other source, or to contract with and (1) receive or spend or transfer or (2) receive and spend or transfer moneys from any other state or federal agencies.
(b) Nothing in K.S.A. 75-3711a, and amendments thereto, shall require approval of the state finance council for any contract requiring expenditures or transfers of an amount equal to $250,000 or less between any state educational institution, as defined in subsection (a) of K.S.A. 76-711, and amendments thereto, and any other state agency, including another state educational institution. Within 30 days after entering into each such contract, the state agency required to expend or transfer funds under the contract shall file a copy of the contract with the legislative research department.
History:
L. 1973, ch. 355, § 2; L. 1975, ch. 448, § 2; L. 1979, ch. 289, § 2; L. 2003, ch. 114, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3711c Division of powers between governor and state finance council; guidelines for exercise of certain powers; matters declared to be legislative delegations or executive functions.

75-3711c.
Division of powers between governor and state finance council; guidelines for exercise of certain powers; matters declared to be legislative delegations or executive functions.
(a) The following matters of business before the state finance council are hereby declared to be matters characterized as legislative delegations:
(1) Increase of expenditure limitations on special revenue funds imposed by legislative act.
(2) Grant of approval pursuant to K.S.A. 75-3711a and amendments thereto.
(3) Exercise of functions specified in K.S.A. 75-3712, 75-3713, 75-3713a or 75-3725a and amendments thereto.
(4) Exercise of the functions specified in K.S.A. 48-938 and amendments thereto.
(5) Increase of limitations imposed by legislative act on expenditures from reappropriated balances in state general fund accounts.
(6) Increase of limitations imposed by legislative act on the number of personnel positions paid from appropriations.
(b) All matters of business provided by this act to be performed by the governor in lieu of the state finance council are hereby declared to be executive functions to be exercised by the executive department subject to subsequent enactment by the legislature.
(c) The matters specified in subsection (a) shall be approved, authorized or directed by the governor and a majority vote of the legislative members of the state finance council. Except for functions specified in K.S.A. 75-3725a and amendments thereto or as otherwise specified by legislative act, such approval, authorization or direction shall be given only when the legislature is not in session, upon findings, in addition to any enhancement or alteration thereof by legislative enactment, that:
(1) Unforeseeable occurrence or unascertainable effects of a foreseeable occurrence characterize the need for the requested action, and delay until the next legislative session on the requested action would be contrary to paragraph (3) of this subsection.
(2) The requested action is not one that was rejected in the next preceding session of the legislature, and is not contrary to known legislative policy.
(3) In cases where the action is requested for a single state agency, the requested action will assist the state agency in attaining an objective or goal which bears a valid relationship to powers and functions of the state agency.
History:
L. 1976, ch. 388, § 2; L. 1983, ch. 288, § 2; L. 1986, ch. 325, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3713 Same; authorization of expenditures; purposes.

75-3713.
Same; authorization of expenditures; purposes.
The state finance council, by unanimous vote of all its members, is hereby authorized and empowered to make allocations to, and authorize expenditures by, state agencies from the state emergency fund for the following purposes, subject to the limitations hereinafter prescribed:
(a) Preservation of the public health and the protection of persons and property from extraordinary conditions arising after, or which were not foreseen at the time, appropriations were made by the preceding regular legislative session.
(b) Repair or replacement of any building or equipment owned by the state which has been destroyed or damaged by sabotage, fire, flood, wind, tornado, catastrophe or act of God if such building or equipment is absolutely necessary for carrying out the function of the state agency using such building or equipment.
(c) Whenever the president of the United States, pursuant to Pub. L. No. 93-288 (May 22, 1974), the disaster relief act of 1974, has declared a major disaster to exist in this state, payment of the state share of the grants made to individuals and families in this state who are adversely affected by such major disaster, to meet disaster-related necessary expenses and serious expenses of such individuals and families under the grant program administered by the governor as authorized under K.S.A. 48-938 and as provided in said disaster relief act of 1974, subject to the limitations that such share shall not exceed an amount equal to twenty-five percent (25%) of the actual cost of meeting such expenses and needs as authorized by section 408 of said disaster relief act of 1974, and in any event shall not exceed one thousand two hundred and fifty dollars ($1,250) in the aggregate to any one individual or family with respect to any one major disaster.
History: L. 1953, ch. 375, § 13; L. 1955, ch. 372, § 1; L. 1967, ch. 460, § 1; L. 1975, ch. 283, § 31; April 11.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3713a Same; loans or grants to political subdivisions for certain purposes; expenditure authorization.

75-3713a.
Same; loans or grants to political subdivisions for certain purposes; expenditure authorization.
(a) By unanimous vote of all of its members, the state finance council is hereby authorized and empowered to make loans or grants of funds in the state emergency fund, which is provided for in K.S.A. 75-3712, to cities, townships, counties and other political subdivisions, for the purpose of repairing or replacing any building or equipment owned by any such political subdivision which has been damaged or destroyed by sabotage, fire, wind, tornado, catastrophe or act of God, if such building or equipment is essential to the performance of a governmental function of the political subdivision and cannot be repaired or replaced by other means available to the political subdivision without undue interruption of the governmental function.
(b) Whenever a city, township, county or other political subdivision has any building or equipment damaged or destroyed by sabotage, fire, wind, tornado, catastrophe or act of God, such political subdivision may apply to the state finance council for a loan or grant of funds under this section. The loan or grant of funds by the state finance council under this section shall constitute authorization for such political subdivision to expend said funds to repair or replace any such damaged or destroyed building or equipment, if other authority does not exist therefor. Any funds received by a political subdivision pursuant to this section may be expended in the budget year in which they are received, even though the same were not included in such political subdivision's budget of expenditures for such year.
History: L. 1975, ch. 283, § 19; April 11.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3713b State emergency fund; certain national guard entitlements and mutual assistance compact expenses; legislative delegation, guidelines.

75-3713b.
State emergency fund; certain national guard entitlements and mutual assistance compact expenses; legislative delegation, guidelines.
(a) By unanimous vote of all of its members, the state finance council is hereby authorized and empowered to make allocations to, and authorize expenditures by, the adjutant general from the state emergency fund for the following purposes, subject to the limitations hereinafter imposed directly or by reference:
(1) The payment of claims for entitlements under K.S.A. 48-265, 48-266, 48-267 or 48-269, and amendments thereto, which accrue to members of the Kansas national guard or the Kansas state guard in accordance with and subject to the provisions of K.S.A. 48-261 to 48-271, inclusive, and amendments thereto;
(2) the payment of any expenses or other amounts required to be paid which arise under the national guard mutual assistance compact in accordance with and subject to the provisions of said compact and K.S.A. 48-1701 to 48-1703, inclusive, and amendments thereto; and
(3) the payment of death benefits pursuant to K.S.A. 48-282, and amendments thereto.
(b) The exercise of functions specified in subsection (a) are hereby declared to be matters characterized as legislative delegations. Such functions may be exercised by the state finance council only when the legislature is not in session and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto.
History:
L. 1976, ch. 235, § 1; L. 1980, ch. 276, § 1; L. 2005, ch. 207, § 3; L. 2005, ch. 1, § 3 (Special Session); September 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3713c State emergency fund; expenditures relating to defects in design or construction of state buildings authorized; legislative delegation, guidelines.

75-3713c.
State emergency fund; expenditures relating to defects in design or construction of state buildings authorized; legislative delegation, guidelines.
(a) The state finance council, acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, is hereby authorized to make allocations to and authorize expenditures by a state agency from the state emergency fund for one or more of the following purposes concerning a capital improvement project for the construction of a building or for major repairs or improvements to a building for the state agency:
(1) To identify the nature, extent and causes of defects in the design, construction or other work on the project;
(2) to provide architectural, engineering or other technical services to determine methods for correcting or repairing such defects; or
(3) to correct or repair such defects or to make other repairs or perform maintenance related to such defects.
(b) The functions specified in subsection (a) may be exercised by the state finance council only:
(1) By unanimous vote of all members of the state finance council;
(2) when the legislature is not in session; and
(3) for those purposes under subsection (a) for which there are not sufficient funds available and unencumbered (A) within the existing appropriations for such capital improvement project for the state agency or (B) within other existing appropriations for the state agency which are available for transfer to such capital improvement project under K.S.A. 75-3726a.
History:
L. 1981, ch. 321, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3713d Same; moneys dedicated as self-insurance fund for state fair grandstand; expenditures authorized, limitations; transfers to state fair capital improvements fund.

75-3713d.
Same; moneys dedicated as self-insurance fund for state fair grandstand; expenditures authorized, limitations; transfers to state fair capital improvements fund.
(a) Moneys in the state emergency fund in the amount of $250,000 are hereby specifically dedicated as a self-insurance fund for the state fair board in conjunction with the provisions of the financing of the Kansas development finance authority in the form of bonds issued on March 1, 1989, for improvements to the grandstand at the state fair as authorized by the provisions of K.S.A. 2-223 and amendments thereto. The moneys in such self-insurance fund shall remain dedicated for such purpose for the remainder of the ten-year term of such bonds and as prescribed by this section.
(b) Except as otherwise provided in this act or by appropriation act of the legislature, moneys in such self-insurance fund of the state emergency fund may be used only for the purpose of repairing, constructing or replacing the property consisting of the improvements to the grandstand of the state fair and any furnishings, equipment or other property thereof which is under the care, custody and control of the state fair board when the original of any such property has been damaged, destroyed, stolen or otherwise lost by casualty, and which loss or any part thereof was not covered by insurance in a commercial insurance company. Moneys in such self-insurance fund may be expended for any auxiliary purpose, such as, but not limited to, business interruption losses, as are required under the bond covenants of the bonds issued on March 1, 1989, for the improvements to the grandstand at the state fair, except that third-party liability or employee casualty losses may not be paid from such self-insurance fund and no waiver of governmental immunity shall exist which will permit payment of any liability of such self-insurance fund except as specifically authorized by this section.
(c) The self-insurance fund established in the state emergency fund shall be administered by the state finance council. No expenditures shall be made from the moneys in such self-insurance fund, except that transfers may be made to the state fair capital improvements fund established by K.S.A. 2-223 and amendments thereto for expenditure for the purposes specified in subsection (b). Upon authorization by the chairperson of the state finance council for a purpose authorized by this section, the director of accounts and reports shall transfer the amount specified by the chairperson, of not to exceed $250,000, from the self-insurance fund established by this section in the state emergency fund to the state fair capital improvements fund.
History: L. 1990, ch. 315, § 1; April 5.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3714 Same; minutes; public inspection.

75-3714.
Same; minutes; public inspection.
The secretary of the finance council shall keep complete minutes of its proceedings which shall be signed by each member of the finance council present and if any member objects to any matter contained in said minutes, he or she may enter objection in writing at the time of signing the same. Such minutes shall be kept on file in the office of the secretary of administration and shall be open to public inspection during regular office hours.
History: L. 1953, ch. 375, § 14; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3714a Director of the budget; creation and administration of the division of the budget.

75-3714a.
Director of the budget; creation and administration of the division of the budget.
There is hereby established, within and as a part of the department of administration, a division of the budget, the head of which shall be the director of the budget. Under the supervision of the governor, the director of the budget shall administer the division of the budget. The director of the budget shall be in the unclassified service under the Kansas civil service act and shall be appointed by the governor.
History:
L. 1972, ch. 332, § 3; L. 1981, ch. 341, § 1; L. 1988, ch. 332, § 2; May 12.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3714b Same; transfer of existing powers, duties and functions; preservation of orders and directives.

75-3714b.
Same; transfer of existing powers, duties and functions; preservation of orders and directives.
(a) All of the powers, duties and functions of the existing budget division and the existing budget director are hereby transferred to and conferred and imposed, respectively, upon the division of the budget and the director of the budget created by this act, except as is herein otherwise provided.
(b) The division of the budget and the director of the budget created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the budget division and budget director in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the division of the budget or director of the budget created by this act, respectively, shall be deemed to have the same force and effect as if performed by the budget division or budget director, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the budget division, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of the budget created by this act.
(d) Whenever the budget director, or words of like effect, is referred to or designated by a statute, contract or other document, such reference shall be deemed to apply to the director of the budget created by this act.
(e) All orders and directives of the budget director or the budget division in existence on the effective date of this act, shall continue to be effective and shall be deemed to be orders and directives of the director of the budget created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) The division of the budget and director of the budget created by this act, respectively, shall be continuations of the budget division created by K.S.A. 75-3715 and the budget director provided to be appointed under K.S.A. 75-3703.
History:
L. 1972, ch. 332, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3715 Powers and duties of the director of the budget.

75-3715.
Powers and duties of the director of the budget.
The director of the budget shall:
(a) Keep in continuous touch with the operations, plans and needs of state agencies, and with the sources and amounts of revenue and other receipts of the state;
(b) analyze the quantity and quality of services rendered by each agency, and the needs for such services and for any new services;
(c) prepare under the supervision of the incoming governor, the budget report for submission to the legislature;
(d) prepare a legislative measure or measures reflecting the incoming governor's budget;
(e) consider and act on applications for transfers between appropriations of the same agency as provided by law;
(f) survey such work programs and periodical allotment requests submitted by state agencies as are required by this act;
(g) report to the governor and to the incoming governor on the operation of the budget system and advise and assist the governor, incoming governor, state finance council, legislature and its ways and means and appropriations committees on request, concerning any matters relating to the budget; and
(h) Provide management analysis service to state agencies.
History: L. 1953, ch. 375, § 15; L. 1972, ch. 332, § 74; L. 1987, ch. 196, § 16; February 19.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3715a Fiscal notes for certain legislative bills.

75-3715a.
Fiscal notes for certain legislative bills.
Fiscal notes shall be provided for all bills increasing or decreasing state revenues or the revenues of counties, cities and school districts, making state appropriations or increasing or decreasing existing appropriations or the fiscal liability of the state, or imposing functions or responsibilities on counties, cities and school districts which will increase their expenditures or fiscal liability. The director of the budget, or the director's designee, shall consult with the League of Kansas municipalities, Kansas association of counties and the Kansas association of school boards, as appropriate, when preparing such fiscal notes. Not more than seven days following the first reading of any such bill, the director of the budget shall furnish to the committee or committees to which such bill was referred a statement explaining the fiscal effect of such bill. Fiscal notes are required for original bills only and not for amendments.
The fiscal note, if possible, shall include a reliable estimate in dollars of the anticipated change in revenue, expenditures, or fiscal liability under the provisions of the bill. It also shall include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. Every agency and department of the state is directed to cooperate with the division of the budget in preparation of any fiscal note provided for by this act when, and to the extent, requested by the director of the budget.
No comment or opinion shall be included in the fiscal note regarding the merits of the measure for which the note is prepared.
History: L. 1965, ch. 470, § 1; L. 1971, ch. 280, § 1; L. 1994, ch. 232, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3715b Fiscal notes for certain legislative bills regarding benefits under the Kansas public employees retirement system, requirements.

75-3715b. Fiscal notes for certain legislative bills regarding benefits under the Kansas public employees retirement system, requirements.
In addition to all requirements for fiscal notes pursuant to law, fiscal notes for bills which provide a new benefit, an increase in existing benefits or any other type of benefit enhancement for members of the Kansas public employees retirement system and systems thereunder, including a cost-of-living adjustment or postretirement benefit increase, shall include an actuarial valuation and appraisal of the liability to the system and the required contributions necessary to discharge such liability and maintain the system on an actuarial reserve basis created by such benefit enhancement to be conducted by the qualified actuary employed or retained by the system pursuant to K.S.A. 74-4908, and amendments thereto. Such fiscal note shall be available to members of any standing committee of the legislature to which such bill has been assigned prior to such committee taking any action on such bill.
History:
L. 2012, ch. 171, § 29; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3716 Budget preparation; forms; information.

75-3716.
Budget preparation; forms; information.
The director of the budget shall prepare the budget report, with the related legislative measure or measures, for the incoming governor's approval and submission to the legislature. The director of the budget shall, on or before September first of each year, furnish to every state agency or person authorized to spend or receive state funds a sufficient number of budget estimate forms. The forms shall be prepared by the director of the budget and shall be so designed as to show actual expenditures for at least the last preceding completed fiscal year, estimated expenditures for the current fiscal year, and requests for each succeeding fiscal year, and data for like periods with respect to receipts and actual or estimated balances at the end of such fiscal years.
The director of the budget may require the estimated expenditures to be classified so as to set forth the data by funds, state agencies, character and objects of expenditures, which expenditures may also be required to be classified by functions and activities. The director of the budget may require the revenue estimates to show the basis upon which the estimates were made and the factors involved in the same, and to be classified so as to show receipts by funds, and sources and types of income. The director of the budget may require such further detail, work programs, supplemental and supporting data, and such information as may be necessary to carry out the provisions of this act.
History: L. 1953, ch. 375, § 16; L. 1972, ch. 332, § 75; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3717a Provisions of K.S.A. 46-1210, 75-3717 and 75-3721 not limitation on prerogative of executive department or legislature.

75-3717a.
Provisions of K.S.A. 46-1210, 75-3717 and 75-3721 not limitation on prerogative of executive department or legislature.
Nothing in this act shall be construed to limit or be contrary to any inherent prerogative of the executive department or the legislature.
History:
L. 1975, ch. 277, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 37 - Department Of Administration › 75-3717c College of veterinary medicine at Kansas state university separate state agency for purpose of preparation of governor's budget report and related legislative measures; title for such purpose.

75-3717c.
College of veterinary medicine at Kansas state university separate state agency for purpose of preparation of governor's budget report and related legislative measures; title for such purpose.
For the purpose of preparation of the governor's budget report and related legislative measure or measures for submission to the legislature, the college of veterinary medicine at Kansas state university shall be considered a separate state agency and shall be titled for such purpose as the "Kansas State University Veterinary Medical Center." The budget estimates and requests of such college shall be presented as a state agency separate from Kansas state university, and such separation shall be maintained in the budget documents and reports prepared by the director of the budget and the governor, or either of them, including all related legislative reports and measures submitted to the legislature.
History:
L. 1978, ch. 21, § 20; July 1.