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Senate committee advances bill to lapse funding for long-vacant positions while preserving FTEs

2306713 · February 13, 2025
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Summary

Senate Bill 99, which would require agencies to certify positions vacant more than 180 days and lapse funding for those vacancies while allowing agencies to retain FTEs, passed out of committee after several amendments and extended debate about implementation and attorney shortages.

A Kansas Senate committee on Wednesday passed Senate Bill 99 as amended, a measure requiring state agencies to certify positions paid from the state general fund that have been vacant more than 180 calendar days as of June 30, 2025; the bill would then lapse the budgeted funding for those positions on July 1, 2025 while allowing the FTEs to remain in agency position lists.

Reviser David Weese told the committee the bill requires agency heads, in consultation with the Director of Budget, to certify the number of vacant positions paid from the state general fund that have been vacant for more than 180 days as of 06/30/2025. The secretary of administration would abolish (delete) those certified vacant positions from certain budget documents and the amounts budgeted for salaries and fringe benefits would be lapsed for fiscal year 2026.

Committee members adopted an amendment clarifying the intent was not to abolish FTEs but to lapse funding for positions held vacant longer than 180 days; the reviser said the amendment lets agencies retain the FTE while the funding lapses. Senators debated multiple implementation issues. Senator Holscher raised concerns that agencies often use contracted staff when vacancies cannot be filled and that contracted services can cost more; she said those realities complicate planning. Senator Thompson and others noted the budget process and timing can provide agencies notice of funding in advance, while Senator Alley and Senator Shane discussed complications when offers have been made and accepted but start dates are delayed (for example, law students accepting later start dates).

Senator Alley offered an amendment to exempt positions that had an offer accepted from being considered vacant; after discussion he withdrew the amendment to allow further work on the language. The committee also discussed whether agencies should be required to return unexpended funds when a position is filled midyear; members flagged that as an implementation detail for future work.

After debate and the adopted amendment to lapse funding (but preserve FTEs), the committee passed SB 99 out of committee by voice vote.