Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor
Division of the Budget
February 6, 2023
The Honorable Mike Thompson, Chairperson
Senate Committee on Federal and State Affairs
300 SW 10th Avenue, Room 144-S
Topeka, Kansas 66612
Dear Senator Thompson:
SUBJECT: Fiscal Note for SB 93 by Senate Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning SB 93 is
respectfully submitted to your committee.
SB 93 would create the Constitution and Federalism Defense Act and would establish the
Joint Commission on Federalism. The commission would comprise nine members: the President
of the Senate (or appointee of the President); the Speaker of the House of Representatives (or
appointee of the Speaker); two members appointed by the President; three members appointed by
the Speaker; and the minority leaders of the Senate and the House of Representatives. The
members of the commission would be eligible for compensation, travel, and subsistence
expenditures, as allowed by current law.
The commission would be able to evaluate a federal law and request information from a
US Senator or US Representative and could recommend to the Governor that a special session of
the Legislature be called to respond to an evaluation of the commission. The bill would outline
the responsibilities of the commission and what materials the commission could use to evaluate a
federal law.
The bill would require the joint commission to develop a curriculum for a seminar on the
principals of federalism for the general public and would include the history of the United States
and the authority and limits of the federal government. The commission would be able to apply
and receive grants and receive private donations in funding the curriculum and seminars. The bill
would require each state agency and political subdivision of the state to designate at least one
employee as the individual for which all questions and inquiries regarding federalism would be
directed. The designated employee would be required to attend the seminar on the principals of
federalism at least once every two years. The bill would establish in the State Treasury the The Honorable Mike Thompson, Chairperson
Page 2—SB 93
Constitution and Federalism Defense Fund to be administered by the Legislative Coordinating
Council to receive grants and donations for expenses associated with the seminars.
Legislative Administrative Services estimates that the joint commission would meet for
nine meetings per year at a cost of $54,991 from the State General Fund, beginning in FY 2024.
This estimate includes $49,368 for salary, subsistence, mileage and toll reimbursements, as well
as fringe benefits and $5,623 for committee assistant expenditures, including fringe benefits. All
expenditures would be from the Legislature’s State General Fund budget.
The Division of the Budget notes that any expenditure authorization for the Constitution
and Federalism Defense Fund would have to be included in an appropriation bill enacted by the
Legislature. However, revenues and expenditures for the fund cannot be estimated, as it is
unknown which individuals and organizations would make donations to the fund and how much
funds would be available in a given fiscal year. The Division notes that if sufficient revenues were
not collected for the expenses of the seminars, expenditures would have to be made from existing
State General Fund appropriations of the Legislature or the Legislative Coordinating Council.
In addition, the Division estimates that additional administrative time would be required
by each state agency and political subdivision for compliance with the bill’s provisions regarding
seminar attendance and any inquiries regarding federalism. Any fiscal effect resulting from these
additional responsibilities would likely be negligible beyond normal operating expenditures of
each agency and political subdivision. Any fiscal effect associated with SB 93 is not reflected in
The FY 2024 Governor’s Budget Report.
Sincerely,
Adam Proffitt
Director of the Budget
cc: Karen Clowers, Legislative Services
Wendi Stark, League of Kansas Municipalities
Jay Hall, Kansas Association of Counties