Session of 2000
HOUSE BILL No. 2610
By Representative Myers
(By Request)
1-10
11 AN ACT
concerning public health and welfare; relating to the funding
12 for home and community
based services for the frail elderly (HCBS-
13 FE) program of the
department on aging; prescribing certain powers,
14 duties and functions
for preparation of caseload estimates; amending
15 K.S.A. 75-3717 and
repealing the existing section.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 New Section
1. (a) For the fiscal year ending June 30, 2001, and for
19 each fiscal year thereafter, the secretary
of aging shall prepare and submit
20 a budget estimate to the division of the
budget pursuant to K.S.A. 75-
21 3717 and amendments thereto for the
department on aging which in-
22 cludes adequate funding for the home and
community based services for
23 the frail elderly (HCBS-FE) program and for
the income-eligible state
24 program for persons who are not yet
certified eligible for the HCBS-FE
25 program. Each such budget estimate shall be
based on the most current
26 case load estimates for such programs that
are prepared pursuant to sec-
27 tion 2 and amendments thereto for the
fiscal year.
28 New Sec.
2. (a) On or before each December 4 and on or before
29 each April 4, the director of the budget
and the director of the legislative
30 research department shall prepare a joint
estimate of caseloads for the
31 home and community based services for the
frail elderly (HCBS-FE)
32 program and the income-eligible state
program for persons who are not
33 yet certified eligible for the HCBS-FE
program for the current fiscal year
34 and the ensuing fiscal year.
35 (b) In the event
of a disagreement or failure to agree upon a joint
36 estimate of caseloads pursuant to
subsection (a), the legislature shall util-
37 ize the estimates of the director of the
legislative research department
38 and the governor shall utilize the
estimates of the director of the budget.
39 Sec.
3. K.S.A. 75-3717 is hereby amended to read as follows:
75-
40 3717. (a) As provided in this section,
each state agency, not later than
41 October 1 of each year, shall file with the
division of the budget its budget
42 estimates for the next fiscal year, and all
amendments and revisions
43 thereof, except that, in lieu of such
annual filing, each agency listed in
2
1 subsection (g)
(f), not later than October 1, 1994, and every two
years
2 thereafter of
each even-numbered year, shall file budget estimates for
the
3 next fiscal year and for the ensuing
fiscal year thereafter. Each agency
4 listed in subsection (g) may file
adjustments to such agency's budget that
5 was approved by the legislature
during a prior fiscal year. Subject to the
6 provisions of section 1 and
amendments thereto, all such budget estimates
7 shall be in the form provided by the
director of the budget. Each agency's
8 budget estimates shall include:
9 (1) A full
explanation of the agency's request for any appropriations
10 for the expansion of present services or
the addition of new activities,
11 including an estimate of the anticipated
expenditures for the next fiscal
12 year and for each of the three ensuing
fiscal years which would be re-
13 quired to support each expansion of present
services or addition of new
14 services as requested by the state agency;
and
15 (2) a listing of
all programs of the agency that provide services for
16 children and their families and the
following information regarding each
17 such program: Of the amount of the agency's
request for appropriations
18 to fund the program, that amount which will
be spent on services for
19 children or families with children and the
number of children or families
20 with children who are served by the
program.
21 (b) At the same
time as each state agency submits to the division of
22 the budget a copy of its budget estimate,
and all amendments and revi-
23 sions thereof, each such state agency shall
submit a copy of such estimate,
24 and all amendments and revisions thereof,
directly to the legislative re-
25 search department for legislative use.
26 (c) The director
of the budget shall require the agencies to submit a
27 sufficient number of copies of their budget
estimates, and all amendments
28 and revisions thereof, to the director's
office to satisfy the requirements
29 of such office and one additional copy for
legislative use which shall be
30 retained in the division of the budget
until the budget of the governor is
31 submitted to the legislature. On or before
the day that such budget is
32 submitted to the legislature such
legislative use copy, posted to reflect
33 the governor's budget recommendations,
shall be submitted to the leg-
34 islative research department for use by the
ways and means committee
35 of the senate and the committee on
appropriations of the house of rep-
36 resentatives. Following presentation of the
governor's budget report to
37 the legislature, the legislative research
department may request and shall
38 receive detailed information from the
division of the budget on the gov-
39 ernor's budget recommendations.
40 (d) The director
of the budget may prepare budget estimates for any
41 state agency failing to file a request.
42 (e) As used in
this section, "services for children and their families"
43 includes but is not limited to any of the
following services, whether pro-
3
1 vided directly or made accessible
through subsidies or other payments:
2
(1) Financial support for children and families with children
or en-
3 forcement of the obligation to
support a child or a family with one or
4 more children;
5
(2) prenatal care, health care for children or immunizations
for
6 children;
7 (3) mental
health or retardation services for children;
8
(4) nutrition for children or families with children or
nutritional coun-
9 seling or supplements for pregnant or
nursing women;
10 (5) child care,
early childhood education or parenting education;
11 (6) licensure or
regulation of child care or early childhood education
12 programs;
13 (7) treatment,
counseling or other services to preserve families;
14 (8) care,
treatment, placement or adoption of children without func-
15 tioning families;
16 (9) services to
prevent child abuse and to treat and protect child
17 abuse victims;
18 (10) services for
children who are pregnant, substance abusers or oth-
19 erwise involved in high risk behavior;
20 (11) services
related to court proceedings involving children; and
21 (12) youth
employment services.
22 (f) On a biennial
basis, the following state agencies shall file budget
23 estimates under the provisions of
subsection (a): Abstracters' board of
24 examiners, behavioral sciences regulatory
board, board of accountancy,
25 board of examiners in optometry, board of
nursing, consumer credit com-
26 missioner, Kansas board of barbering,
Kansas board of examiners in fitting
27 and dispensing of hearing aids, Kansas
dental board, Kansas real estate
28 commission, Kansas state board of
cosmetology, office of the securities
29 commissioner of Kansas, real estate
appraisal board, state bank commis-
30 sioner, state board of healing arts, state
board of mortuary arts, state board
31 of pharmacy, state board of technical
professions, state board of veterinary
32 examiners and state department of credit
unions.
33 Sec. 4. K.S.A. 75-3717 is hereby
repealed.
34 Sec. 5. This act shall
take effect and be in force from and after its
35 publication in the statute book.