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
Adam Proffitt, Director Laura Kelly, Governor


January 25, 2021


The Honorable Fred Patton, Chairperson
House Committee on Judiciary
Statehouse, Room 519C-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2013 by Representative Carmichael
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2013 is
respectfully submitted to your committee.
HB 2013 would make several changes to statutes that govern the processes for electing
members of the Supreme Court Nominating Commission and district judicial nominating
commissions. The changes in this bill would include the following:
1. Striking provisions that require applicants for admission to practice law to provide the
Clerk of the Supreme Court with information enumerated in statute;
2. Eliminating a requirement that the Clerk use a certified roster of attorneys provided by the
Secretary of State when determining which attorneys are entitled to ballots in Supreme
Court Nominating Commission elections or district judicial nominating commission
elections and other associated requirements;
3. Preserving ballots and certificates from Supreme Court Nominating Commission elections
for six months instead of five years, and providing that ballots and certificates could not be
inspected unless ordered by the Supreme Court;
4. Striking requirements that the Clerk create and send to the Secretary of State a list of names
and addresses of persons who returned a ballot in a Supreme Court Nominating
Commission election or district judicial nominating commission election;
5. Eliminating the requirement that the Supreme Court Nominating Commission and district
judicial nominating commissions be public bodies subject to the Kansas Open Meetings
Act and removing limitations on closed or executive sessions;
The Honorable Fred Patton, Chairperson
Page 2—HB 2013

6. Changing the canvassers involved in a Supreme Court Nominating Commission election
or district judicial nominating commission elections from the Clerk, the Secretary of State,
and the Attorney General to the Clerk and two or more persons who are members of the
Kansas Bar residing in the state, as designated by the Chief Justice;
7. Providing that lawyer members of the district judicial nominating commissions would be
elected by lawyers who are qualified electors of the district and are registered with the
Clerk;
8. Changing the timeframe in which ballots returned for district judicial nominating
commission elections would have to be canvassed from ten to five days; and
9. Repealing various applicable statutes related to the changes above.
The bill would take effect upon its publication in the Kansas Register.
The Office of Judicial Administration indicates enactment of HB 2013 would reduce costs
for the Judicial Branch from staff time spent on Supreme Court Nominating Commission elections
and district judicial nominating commission elections, but an estimate of savings was not provided.
The Office notes that the Judicial Branch never received any additional funding when the current
provisions were enacted in 2016, and it could realize savings in FY 2021 if the bill goes into effect
immediately. If the bill is not passed until July 1, 2021, savings would not be realized until FY
2022. Any fiscal effect associated with HB 2013 is not reflected in The FY 2022 Governor’s
Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Debbie Thomas, Judiciary


Statutes affected:
As introduced: 20-170, 20-171, 20-2917, 7-127, 20-122, 20-130, 20-123, 20-2904, 20-2907