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

February 27, 2023

The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 261 by Senate Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning SB 261 is respectfully
submitted to your committee.
SB 261 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 SB 261 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 SB
261 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: Jay Hall, Kansas Association of Counties
John Milburn, Office of the Attorney General
Vicki Jacobsen, Judiciary


Statutes affected:
As introduced: 22-3001, 22-3008