Bill Summary – FastDemocracy

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                                Division of the Budget                               http://budget.kansas.gov
Adam Proffitt, Director                                                                             Laura Kelly, Governor

                                                    March 1, 2023

          The Honorable Daniel Hawkins, Chairperson
          House Committee on Interstate Cooperation
          300 SW 10th Avenue, Room 368-W
          Topeka, Kansas 66612
          Dear Representative Hawkins:
                    SUBJECT:      Fiscal Note for HB 2426 by House Committee on Federal and State Affairs
                  In accordance with KSA 75-3715a, the following fiscal note concerning HB 2426 is
          respectfully submitted to your committee.
                   HB 2426 would specify that if a citizen-initiated grand jury is not summoned because of a
          defect in the petition, the initiating person would have the right to appeal the decision to not
          summon a citizen-initiated grand jury as a final judgment. If a court decides an issue related to
          the procedures or management of a citizen-initiated grand jury that the initiating person alleges is
          contrary to the law, including, but not limited to, a decision to employ any special counsel or
          investigator prior to selection by majority vote of the grand jury after hearing testimony from the
          initiating person, the initiating person would have the right to appeal the decision as a final
          judgement upon completion of the grand jury’s investigation. The bill would define “initiating
          person.”
                   The Office of Judicial Administration states enactment of HB 2426 would have a negligible
          fiscal effect on the operations of the Judicial Branch. The Office of the Attorney General is unable
          to estimate a fiscal effect resulting from the bill’s enactment. Any fiscal effect associated with HB
          2426 is not reflected in The FY 2024 Governor’s Budget Report.
                 The Kansas Association of Counties states the bill could have a fiscal effect on counties
          because the appeals process could extend the process of the citizen-initiated grand jury, which
          would increase costs for counties.

                                                                Sincerely,

                                                                Adam Proffitt
                                                                Director of the Budget
          cc: Vicki Jacobsen, Judiciary
              Jay Hall, Kansas Association of Counties
              John Milburn, Office of the Attorney General
Statutes affected: 
As introduced: 22-3001, 22-3008