SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 152
As Amended by Senate Committee on Ways
and Means
Brief*
SB 152, as amended, would establish a nine-member
Legislative Compensation Commission (Commission)
consisting of individuals who would not be current members
of the Legislature, legislative employees, or registered
lobbyists.
Among other things, the Commission would be
authorized to study compensation, salary, and retirement
benefits of legislative members, make recommendations on
legislator retirement benefits, and set compensation rates for
legislators and certain state officials. The bill would also
provide a process for appointment to the Commission, an
initial legislator compensation study, initial compensation
changes, and a method for the Legislature to reject the
compensation rate set by the Commission.
Further, beginning in FY 2023 and subject to
appropriations, the bill would establish compensation rates for
certain state officials and judges that would be equal to a
percentage of the salaries for a U.S. congressional member
or a U.S. District judge.
The bill would be in effect upon publication in the
Kansas Register.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org Commission Composition and Appointment
The Commission would be composed of nine members
who would not be current members of the Legislature,
legislative staff, or registered lobbyists. The members of the
Commission would be appointed in the following manner:
●One former legislator appointed by the Speaker of
the House;
●One former legislator appointed by the President of
the Senate;
●One member appointed by the Speaker Pro Tem of
the House;
●One member appointed by the Vice President of
the Senate;
●One member appointed by the House Majority
Leader;
●One member appointed by the Senate Majority
Leader;
●One member appointed by the House Minority
Leader;
●One member appointed by the Senate Minority
Leader; and
●One member appointed by the Governor.
All initial Commission members, excluding the
Commission member appointed by the Speaker of the House,
would be appointed by September 1, 2023.
The bill would require the initial Commission member
appointed by the Speaker of the House to be appointed prior
to August 1, 2023. Additionally, this appointee would serve as
the Commission’s first chairperson, and the initial
2- 152 Commission member appointed by the President of the
Senate would serve as the first vice-chairperson.
The bill would require the subsequent chairperson to be
appointed by the President of the Senate prior to August 1,
2026, and the vice-chairperson to be appointed by the
Speaker of the House prior to September 1, 2026. The bill
would require new members of the Commission to be
appointed in the year 2026 and every four years after. After
2026, the bill would allow for the chairperson and vice-
chairperson appointments to alternate between the Speaker
of the House and President of the Senate, beginning with the
Speaker of the House appointing the Commission’s
chairperson. In each year a new commission is appointed,
the bill would require the chairperson to be appointed by
August 1 and the vice-chairperson to be appointed by
September 1.
Any vacancy would be filled in the same manner as the
original appointment, and members could be reappointed. A
member’s term would last until the Commission has
completed its responsibilities to study legislative pay, set a
compensation rate, and make recommendations related to
retirement benefits.
Powers, Duties, and Responsibilities
The Commission would be authorized to:
●Study the compensation, salary, and retirement
benefits of legislators;
●Set the rates of compensation and salary for
members of the Legislature;
●Set the rates of compensation and salary for the
Governor, Lieutenant Governor, Attorney General,
Secretary of State, State Treasurer, and Insurance
Commission above that would be established by
3- 152 other provisions of the bill, subject to
appropriations; and
●Make recommendations related to legislator
retirement benefits.
The bill would state that the Commission appointed in
the year 2026 and thereafter would be required to set the rate
of compensation for legislators for the four-year period
commencing on the first day of the next term of office of
elected Senators by December 1 of the calender year after
the Commission’s appointment.
The bill would require the Commission appointed in
2023 to establish a rate of compensation and salary by
December 1, 2023, for legislators for a four-year period
starting on the first day of the 2025 Legislative Session.
Compensation Rate Rejection Process
The bill would require the compensation rate and salary
established by the Commission to become the rate of
compensation and salary for legislators unless the Legislature
rejects the rates through adoption of a concurrent resolution
no later than 30 days after the start of a legislative session
immediately following the submission of the compensation
and salary rates. The concurrent resolution could contain a
requirement for the Commission to meet within 14 days of the
concurrent resolution’s adoption and submit another
compensation and salary rate prior to 30 days after adoption
of the concurrent resolution. The Legislature would have until
Sine Die to reject the second submitted compensation and
salary rate. If the second compensation and salary rate is
also rejected, the most current rate would remain in effect.
Meetings, Quorum, and Commission Compensation
The bill would allow the Commission to meet upon call
of the chairperson and would define a quorum as a majority
4- 152 of the members of the Commission (five). Commission
members would be eligible for compensation, allowance, and
mileage as provided by current law.
Certain Elected Officials Compensation
The bill would establish new compensation rates,
subject to appropriations, for certain elected officials. The
new compensation would be tied to the salary of a member of
the U.S. Congress, not in a leadership role (congressional
salary), which is currently $174,000, minus a certain
percentage depending on the office. Percentages and salary
information would be as follows [Note: Salary amounts were
obtained from the Congressional Research Service report
Congressional Salaries and Allowances: In Brief, updated
December 16, 2022]:
●The Governor’s salary would be equal to 100
percent of the congressional salary ($174,000);
●The Lieutenant Governor’s salary would be equal
to 25 percent of the congressional salary
($43,000);
●The Attorney General’s salary would be equal to
2.5 percent less than the congressional salary
($169,650); and
●The Secretary of State, State Treasurer, and
Commissioner of Insurance’s salaries would be
equal to 7.5 percent less than the congressional
salary ($160,950).
The bill would also stipulate that if congressional salary
is decreased, then the referenced salaries would remain the
same for the ensuing fiscal year, unless reduced by law
applicable to all salaried state officers.
5- 152 Governor’s Cabinet Member Compensation
The bill would set the compensation of the Governor’s
cabinet members to be equal to 17.5 percent less than the
congressional salary ($143,155).
Judicial Compensation
The bill would establish new compensation rates,
subject to appropriations, for certain judge and justice
positions and remove any reference in law to compensation
limitations for such offices. The new rate would be a
percentage of the annual salary for a U.S. District Judge,
which is currently $232,600. Percentages and salary
information would be as follows [Note: Salary amounts were
obtained from the U.S. Courts website under Judges &
Judgeships, Judicial Compensation.]:
●District Judge salaries would be equal to 75
percent of the annual salary of a U.S. District
Judge ($174,450);
●District Magistrate Judge salaries would be equal
to 55 percent of the annual salary of a U.S. District
Judge ($127,930);
●Chief Judge of the District Court salaries would
be equal to 105 percent of the annual salary of a
U.S. District Judge ($183,173);
●Judge of the Court of Appeals salaries would be
equal to 110 percent of the annual salary of a U.S.
District Judge ($191,895);
●Chief Judge of the Court of Appeals salary
would be equal to 115 percent of the annual salary
of a U.S. District Judge ($200,618);
6- 152 ●Supreme Court Justice salaries would be equal
to 120 percent of the annual salary of U.S. District
Judges ($209,340); and
●Chief Justice of the Supreme Court salary would
be equal to 125 percent of a U.S. District Judge
salary ($218,063).
The bill would also stipulate that if the salary for a U.S.
District Court Judge is decreased, then the referenced
salaries would remain the same for the ensuing fiscal year,
unless reduced by law applicable to all salaried state officers.
Other Compensation Changes
The bill would remove references in law pertaining to
existing compensation limitations for certain elected officers,
the Lieutenant Governor, Governor’s Cabinet members, and
certain judges.
Background
The bill contains language similar to House Sub. for SB
229, which also contains the provisions of HB 2448.
SB 152 – State Officer Salaries
SB 152 was introduced in the Senate Committee on
Ways and Means at the request of Senator Claeys.
Senate Committee on Ways and Means
In the Senate Committee hearing, proponent testimony
was provided by a representative of the Kansas Supreme
Court. The conferee noted the difference in compensation for
an entry level attorney in private practice and a district court
judge who are required to have five years of experience.
7- 152 Written-only neutral testimony was provided by the
Office of the Governor.
No other testimony was provided.
The Senate Committee amended the bill to:
●Remove the contents of SB 152;
●Insert language similar to House Sub. for SB 229,
with provisions that would authorize the
Commission to also set compensation rates for
certain elected officials, provided such
compensation would be in addition to the
compensation provided for in other provisions of
the bill;
●Insert language that would establish compensation
rates for certain elected officials, the Lieutenant
Governor, Governor’s Cabinet members, and
judges and justices; and
●Make conforming changes in continuing law.
House Sub. for SB 229 – Legislative Compensation
Commission
The House Committee on Legislative Modernization
recommended a substitute bill incorporating the provisions of
HB 2448, as amended by the House Committee, regarding
establishment of the Commission.
SB 229 was introduced by the Senate Committee on
Commerce at the request of Senator O’Shea. As introduced,
the bill would have authorized issuance of a City of Topeka
license plate. [Note: These provisions were not retained in the
substitute bill.]
8- 152 HB 2448—Legislative Compensation Commission
HB 2448 was introduced by the House Committee on
Appropriations at the request of the Wichita Regional
Chamber of Commerce.
In the House Committee on Appropriations hearing,
proponent testimony was provided by a representative of the
Wichita Regional Chamber of Commerce , indicating
legislative services should not result in financial wealth or
extreme financial hardship, and the bill would allow for a more
representative democracy.
Written-only proponent testimony was provided by the
Kansas Contractors Association, indicating the bill would
allow for a mechanism to study current legislator
compensation and prevent conflicts of interest when
establishing such compensation.
The House Committee amended the bill to:
●Clarify certain appointments, Commission
responsibilities, and legislative action for the year
2026 and thereafter; and
●Add the term salary where appropriate.
The House Committee then removed the contents of SB
229, which originally related to issuance of City of Topeka
license plates; inserted the contents of HB 2448, as
amended; and recommended a substitute bill be passed.
Fiscal Information
HB 2448 (Legislative Compensation Commission)
According to the fiscal note prepared by the Division of
the Budget on HB 2448, as introduced, Legislative
Administrative Services indicates enactment of the bill would
9- 152 require $18,830 from the State General Fund for Commission
member compensation in years when the Commission would
convene. Any fiscal effect associated with enactment of the
bill is not reflected in the FY 2024 Governor’s Budget Report.
Legislative compensation; Legislature; Legislative Compensation Commission;
elected official compensation; judge and justice pay
10- 152