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 14, 2019


The Honorable Bud Estes, Chairperson
Senate Committee on Federal and State Affairs
Statehouse, Room 136-E
Topeka, Kansas 66612
Dear Senator Estes:
SUBJECT: Fiscal Note for SB 37 by Senator Holland
In accordance with KSA 75-3715a, the following fiscal note concerning SB 37 is
respectfully submitted to your committee.
SB 37 would add duly ordained ministers of religion and persons employed by or persons
working as volunteers for any religious organization to the list of mandated reporters of abuse of
a child.
The Office of the Attorney General estimates enactment of SB 37 would likely result in a
constitutional challenge by any number religious organizations based on freedom of religion and
compelled speech theories. If SB 37 were to be constitutionally challenged, the Office would
defend the law in court at a cost that cannot be estimated. The cost cannot be estimated because
the number of hours that may be required to defend the law is unknown. The Office does indicate
the complexity of such a legal case may require the Office to contract with outside counsel to assist
in the defense of the law.
The Department for Children and Families indicates enactment of SB 37 would likely
increase the Department’s volume of reports by 4.0 percent per year. Under this assumption, the
Department estimates the fiscal effect on the agency would total $236,817 from the State General
Fund in FY 2020 and $249,648 from the State General Fund in FY 2021. The Department’s
estimate includes $209,597 in salary and wages to hire 4.00 FTE Protection Specialists to assist
with the workload associated with a 4.0 percent increase in the number of reports disclosed to the
Department, and $27,220 in other operating expenditures in FY 2020 which includes one-time
capital outlay expenditures. For FY 2021, the Department estimates $226,672 for salary and wages
The Honorable Bud Estes, Chairperson
Page 2—SB 37

and $22,976 in other operating expenditures. Any fiscal effect associated with SB 37 is not
reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Willie Prescott, Office of the Attorney General
Linda Kelly, Corrections
Cody Gwaltney, Aging & Disability Services
Jackie Aubert, Children & Families


Statutes affected:
As introduced: 38-2223