75-3711. Division of powers between governor and state finance council; voting on matters of legislative delegation; absentee voting procedure, when; application of guidelines. (a) The governor shall:
(1) Hear and determine appeals by any state agency from final decisions or final actions of the secretary of administration or the director of computer services.
(2) Approve, modify and approve or reject proposed rules and regulations submitted by the secretary of administration as provided in K.S.A. 75-3706, and amendments thereto.
(3) Make allocations to, and approve expenditures by a state agency, from any appropriations to the governor for that purpose, of funds for unanticipated and unbudgeted needs, under guidelines and limitations prescribed by K.S.A. 75-3711c, and amendments thereto, or other legislative enactment enhancing or altering K.S.A. 75-3711c, and amendments thereto.
(4) Exercise powers and perform functions specified for the state finance council or governor by the Kansas civil service act.
(b) (1) The chairperson and five or more other members of the state finance council shall constitute a quorum. Approval by the governor and approval by a majority vote of the legislative members of the state finance council shall govern, unless a unanimous vote is required by statute in any particular case.
(2) Whenever a matter is to be acted on by the state finance council and a unanimous vote is required to approve the particular matter by K.S.A. 75-3713, 75-3713b or 75-3713c, and amendments thereto, or by any other statute, each member who is unable to attend the meeting at which the matter was voted on, may vote on the motion by written absentee vote in the manner prescribed by this subsection. In any such case, an absent member may vote on the motion by writing the member's signature on a copy of the resolution setting forth the matter that is the subject of the motion, writing the date and indicating the member's vote for or against adoption of the resolution and submitting the copy of the resolution bearing the absentee vote to the secretary of the state finance council either before or not more than 10 days after the date of the meeting at which the motion was voted on. The secretary of the state finance council shall maintain each copy of a resolution bearing an absentee vote as part of the minutes and records of the meeting at which the motion on the resolution was voted on. The secretary shall indicate in the minutes of the meeting the name of each member voting in writing by absentee vote and the date on which the absentee vote was submitted to the secretary. If a particular matter requiring a unanimous vote receives the affirmative vote of each member of the state finance council attending the meeting and the affirmative absentee vote pursuant to this subsection of each member not attending the meeting, then the matter shall be deemed to have received the unanimous vote of all members of the state finance council.
(c) Whenever statutes provide for any matter to receive state finance council action, such matter shall be made a matter of business before such council, if and only if the matter is characterized as a legislative delegation, and in other such cases the governor shall exercise the function specified for the state finance council by applying the guidelines and limitations of K.S.A. 75-3711c, and amendments thereto, or other legislative enactment enhancing or altering such function.
History: L. 1953, ch. 375, § 11; L. 1972, ch. 332, § 73; L. 1975, ch. 447, § 2; L. 1976, ch. 388, § 1; L. 2004, ch. 63, § 1; L. 2021, ch. 7, § 13; March 25.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
Article 37 - Department Of Administration
75-3702c Employees; appointment by secretary; classified civil service; exception.
75-3702e Same; transfer of employees; rights preserved.
75-3702f Same; transfer of property and records.
75-3702g Same; governor to resolve conflicts.
75-3702i Severability of 1972 department of administration act.
75-3702j Organization of department; delegation of powers and duties.
75-3702l Transfer of real property of Kansas, Inc.
75-3702m Transfer of records of Kansas, Inc.
75-3702n Transfer of funds of Kansas, Inc.
75-3702o Resolution of conflicts in transfers from Kansas, Inc.
75-3703 Secretary to have custody of records; seal; copies of records.
75-3705a Attorneys for department; appointment; unclassified; chief attorney.
75-3706 Rules and regulations; procedure for adoption and approval.
75-3707 Functions of department in general.
75-3708 Membership of state finance council; chairperson; secretary.
75-3713 Same; authorization of expenditures; purposes.
75-3714 Same; minutes; public inspection.
75-3714a Director of the budget; creation and administration of the division of the budget.
75-3715 Powers and duties of the director of the budget.
75-3715a Fiscal notes for certain legislative bills.
75-3716 Budget preparation; forms; information.
75-3717 Budget estimates of state agencies; biennial basis for certain agencies.
75-3720 Governor's budget report; printing; availability to public.
75-3722 Application of allotment system; notice; appeal to finance council.
75-3723 Same; annual, semiannual, quarterly or monthly statements of funds available.
75-3724 Same; allotment estimates.
75-3725 Allotment plans and information to be available to director of accounts and reports.
75-3725a Certificates of indebtedness; procedure and conditions for issuance; redemption.
75-3726a Transfer of items of appropriation.
75-3726b Transfer of certain items of appropriation; attorney general.
75-3728 Accounting system; records and forms.
75-3728a Write-off of accounts receivable and taxes receivable by state agencies; definitions.
75-3728c Write-off of accounts and taxes receivable by state agencies; rules and regulations.
75-3728d Same; act governs write-offs after July 1, 1974; exception.
75-3728e Canteens, work therapy projects and benefit funds at state institutions; definitions.
75-3728g Same; budget of institution; profits, disposition.
75-3728j Receivables accounting system; records and forms.
75-3729 Property of state; inventory records; periodic verification.
75-3730 Obligations; how incurred and paid.
75-3731a Official hospitality; limitations on expenditures by executive branch agencies.
75-3732 Payment of claims, procedure.
75-3734 Federal funds received by state agencies.
75-3735 Fiscal reporting and statistics.
75-3736 Reports by state and county agencies.
75-3737a Director of purchases; creation and administration of the division of purchases.
75-3737b Same; transfer of powers, duties and functions; preservation of orders and directives.
75-3738 Powers and duties of the director of purchases.
75-3739a Reverse auctioning electronic procurement process.
75-3740a State and local government contracts; bidders domiciled in other states.
75-3740b Purchase of recycled paper; requirements; price preference.
75-3740c Procurement practices, recycled products.
75-3740e Boycott of Israel; state contracts; definitions.
75-3740f Same; certifications; waivers.
75-3740g Same; statement of purpose.
75-3741a Same; change orders, negotiation or bidding.
75-3741b Same; negotiation for projects of $10,000 or less; reports.
75-3742 Same; assistance in preparing written program statements.
75-3743 Attorney general to approve certain contracts; requisition forms.
75-3744 Execution and approval of contracts.
75-3744a Requirements for purchase of motor-vehicle fuels by state agencies.
75-3745d Same; transfer of powers, duties and functions; preservation of orders and directives.
75-3745e Same; rights saved in legal actions and proceedings.
75-3745h Same; accrued compensation or salaries; liability.
75-3746 Director of personnel services; powers and duties.
75-3749 State department of civil service; transfer of powers and duties of.
75-3762 Custody and care of certain state-owned buildings and grounds.
75-3764 Cleaning, repair, alteration and beautification of buildings.
75-3766 State office building space rental.
75-3768 Disposition of parking rental charges.
75-3773 Utility services for state buildings under management of secretary of administration.
75-3777 Same; transfer of officers and employees; rights preserved.
75-3778 Same; governor to resolve conflicts; transfer of property and records.
75-3779 Same; preservation of civil rights of action and proceedings; criminal actions preserved.
75-3781 Same; compensation and expenses.
75-3782 Same; meetings; quorum.
75-3784 Same; ancillary technical services; contracts; exemption from certain statutes.
75-3785 Construction defects recovery fund; authorized expenditures, approval.
75-3789 Penalties for violations of act.
75-3790 Sale of certain lands, salt deposits and interests therein.
75-3791 Same; duties of executive director; appraisal; bids.
75-3792 Same; abstract of title; deed.
75-3793 Same; deeds and contracts, duties of director, secretary of state and attorney general.
75-3794 Same; payment of expenses of sale.
75-3799 Financial services for state agencies; procedures for acquisition; negotiating committee.
75-37,101 Certificate of participation financing; purpose; authorization and approval.
75-37,103 Debarment of state contractors.
75-37,104 Prequalification of state contractors.
75-37,112 Financing agreements, contents; payments; prior consultation and approval of projects.
75-37,114 Approval of improvements under act; limitation.
75-37,117 Purpose and administration of program.
75-37,119 Loan agreements; terms; forms; considerations; collection procedures.
75-37,124 Topeka state hospital cemetery memorial; establishment; gifts; fund.
75-37,125 Energy conservation measure, financing; prior approval of plans and projects; definitions.
75-37,128 Energy audits for state-owned real property and leased real property; exception.
75-37,129 Energy conservation measures; promotion of program by state corporation commission.
75-37,130 Professional services sunshine act; citation.
75-37,132 Same; contract negotiation requirements; exceptions.
75-37,133 Same; expenditure of grant funds.
75-37,134 Same; use of federal funds.
75-37,141 Alternative project delivery building construction procurement act; citation.
75-37,144 Same; construction management at-risk project delivery procedures.
75-37,145 Same; building design-build project delivery procedures.
75-37,146 Same; recordation and publication of bidder information.
75-37,147 Same; act not applicable to certain projects.
75-37,151 Transfer of real estate to the state; requirements.
75-37,153 Audits of state agencies.
75-37,154 Department of administration contract audit committee; membership.
75-37,155 Audits; procurement of firm or firms to perform audit work.
75-37,156 Same; selection of firm or firms; considerations.
75-37,157 Same; contracts for audit work; requirements; responsibilities of selected firm.
75-37,158 Same; performance of firm; written audit reports; duty of confidentiality.
75-37,161 Monumental building surcharge; exemption; division of post audit.