Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 larry.campbell@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Larry L. Campbell, Director Laura Kelly, Governor


February 13, 2019


The Honorable Rick Wilborn, Chairperson
Senate Committee on Judiciary
Statehouse, Room 541-E
Topeka, Kansas 66612
Dear Senator Wilborn:
SUBJECT: Fiscal Note for SB 96 by Senate Committee on Ways and Means
In accordance with KSA 75-3715a, the following fiscal note concerning SB 96 is
respectfully submitted to your committee.
SB 96 would require that on or before July 1, 2020, the Secretary of Health and
Environment, after consultation with the Secretary of Corrections, adopt rules and regulations for
areas of the state correctional facility designated to carry out a death sentence. The bill would
require the rules and regulations to prescribe standards to carry out a death sentence by intravenous
injection in a swift and humane manner, including: sanitation, housekeeping, maintenance, staff
qualifications, supplies, equipment, and procedures.
On and after January 1, 2021, at least once each year, the Secretary of Health and
Environment would inspect the areas of the state correctional facility designated to carry out a
death sentence. The bill would require that authorized agents of the Secretary of Health and
Environment have access to the state correctional facility during normal business hours of the
Department of Corrections.

Estimated State Fiscal Effect
FY 2019 FY 2019 FY 2020 FY 2020
SGF All Funds SGF All Funds
Revenue -- -- -- --
Expenditure -- -- $84,300 $84,300
FTE Pos. -- -- -- 1.00
The Honorable Rick Wilborn, Chairperson
Page 2—SB 96

The Kansas Department of Health and Environment (KDHE) states the agency currently
has staff who inspect state and federal non-long-term care health facilities. According to the
agency, the program is at full work capacity with current staff and is unable to take on additional
responsibilities. In order to implement the bill’s provisions, the KDHE states it would need
additional expenditures of $84,300 from the State General Fund in FY 2020, along with an
additional 1.00 FTE position. Of this amount, $75,000 would be for salaries and wages and $9,300
would be for other operating expenditures. The additional FTE position would collaborate with
internal and external partners to write the rules and regulations required in the bill and participate
in the inspections process.
The Department of Corrections estimates there would be no fiscal effect in FY 2020;
however, the Department indicates there could be a fiscal effect in FY 2021 related to gaining and
maintaining compliance with the rules and regulations that would be developed by KDHE. Any
fiscal effect associated with SB 96 is not reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Dan Thimmesch, Health & Environment
Linda Kelly, Corrections


Statutes affected:
As introduced: 22-4002