Session of 1997
SENATE BILL No. 315
By Senators Petty and Hensley
AN ACT concerning the state finance council; amending K.S.A. 75-3711c
and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. Any action taken by the state finance council for the
purpose of authorizing expenditures to acquire title to real property and
improvements thereon or any other action taken to approve acquisition
of title to real property and improvements thereon shall be approved by
a unanimous vote of all of the members of the state finance council sub-
ject to the limitations hereinafter prescribed:
(a) The governor certifies that an emergency exists requiring that the
state finance council take action to acquire title to real property and im-
provements thereon; and
(b) before the state finance council takes any action to acquire title
to real property and improvements thereon three disinterested appraisers
shall be appointed in accordance with K.S.A. 75-3043a and amendments
thereto to determine the market value thereof, and no action shall be
taken by the state finance council to acquire title to the real property and
improvements thereon so appraised for a consideration greater than the
lowest of the three market value appraisals.
Sec. 2. K.S.A. 75-3711c is hereby amended to read as follows: 75-
3711c. (a) The following matters of business before the state finance
council are hereby declared to be matters characterized as legislative del-
(1) Increase of expenditure limitations on special revenue funds im-
posed by legislative act.
(2) Grant of approval pursuant to K.S.A. 75-3711a and amendments
(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 amend-
(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
1 of personnel positions paid from appropriations.
2 (7) Exercise of the functions specified in section 1, and amendments
4 (b) All matters of business provided by this act to be performed by
5 the governor in lieu of the state finance council are hereby declared to
6 be executive functions to be exercised by the executive department sub-
7 ject to subsequent enactment by the legislature.
8 (c) The matters specified in subsection (a) shall be approved, au-
9 thorized or directed by the governor and a majority vote of the legislative
10 members of the state finance council. Except for functions specified in
11 K.S.A. 75-3725a and amendments thereto or as otherwise specified by
12 legislative act, such approval, authorization or direction shall be given only
13 when the legislature is not in session, upon findings, in addition to any
14 enhancement or alteration thereof by legislative enactment, that:
15 (1) Unforeseeable occurrence or unascertainable effects of a foresee-
16 able occurrence characterize the need for the requested action, and delay
17 until the next legislative session on the requested action would be contrary
18 to paragraph (3) of this subsection.
19 (2) The requested action is not one that was rejected in the next
20 preceding session of the legislature, and is not contrary to known legis-
21 lative policy.
22 (3) In cases where the action is requested for a single state agency,
23 the requested action will assist the state agency in attaining an objective
24 or goal which bears a valid relationship to powers and functions of the
25 state agency.
26 Sec. 3. K.S.A. 75-3711c is hereby repealed.
27 Sec. 4. This act shall take effect and be in force from and after its
28 publication in the statute book.