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


March 21, 2019


The Honorable Fred Patton, Chairperson
House Committee on Judiciary
Statehouse, Room 519-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2331 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2331 is
respectfully submitted to your committee.
HB 2331 would allow any person who was the victim of certain crimes of sexual abuse
while under 18 years of age to bring an action in state court against the person or persons who
engaged in the abuse if the victim suffered physical or psychological injury regardless of whether
the victim is now an adult. The bill would provide that the plaintiff would recover actual damages
and attorney fees, and any victim awarded damages would be presumed to have sustained damages
of at least $150,000. An action must be filed within two years of the later of: (1) the conclusion
of a related criminal case; (2) the date the victim turns 18 years of age; or (3) the effective date of
this Act. In addition, the bill would prohibit any duly ordained minister of religion from requesting
a nondisclosure agreement as part of a settlement agreement resulting from a claim of sexual abuse.
The claimant may request a nondisclosure agreement, but nothing in an agreement would restrict
any party from cooperating with law enforcement.
HB 2331 would also amend the prompt reporting requirement to require reporting of
suspected abuse or neglect within 24 hours, or within eight business hours, if the suspected abuse
or neglect is discovered during the person’s non-business hours. This reporting requirement would
include anyone employed by a religious organization, including duly ordained ministers, except a
minister that suspects the abuse based on a penitential communication would not be required to
violate penitential communication privilege unless there is an ongoing risk of abuse or neglect of
the victim or of another child.
The Office of Judicial Administration indicates HB 2331 could increase the number of
cases filed by victims of certain crimes of sexual abuse committed by duly ordained ministers of
The Honorable Fred Patton, Chairperson
Page 2—HB 2331

religion. The Office of Judicial Administration indicates the additional cases would increase
revenues from docket fees and costs related to judicial and nonjudicial personnel processing,
researching and hearing these cases. However, an estimate of revenues to and expenditures by the
Judicial Branch cannot be made. The League of Kansas Municipalities indicates that any fiscal
effect on cities from additional reporting of suspected abuse to law enforcement would be
negligible. The Kansas Association of Counties indicates HB 2331 would have no fiscal effect on
counties assuming there is no large increase in the number of new cases of sexual abuse.
The Office of the Attorney General (OAG) indicates it is likely that HB 2331 would be
constitutionally challenged by religious organizations based on freedom of religion and compelled
speech theories. This would require each case to go through the appellate process to get a definitive
ruling on the validity of the law which the OAG estimates would take anywhere from two to four
years, depending on which court system the case was filed in. Because of the specialized religious
freedom components of such litigation, the OAG indicates it would need to hire specialized outside
counsel to defend any lawsuit which could cost the state several hundred thousand dollars over the
life of each lawsuit. If a challenge is successful, the OAG estimates the state could be ordered to
pay the plaintiff’s attorney fees and costs. Any fiscal effect associated with HB 2331 is not
reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Dale Dennis, Education
Beth Visocsky, Board of Healing Arts
Charity Carlat, Dental Board
Max Foster, Behavioral Sciences
Jan Murray, Optometry
Willie Prescott, Office of the Attorney General
Janie Harris, Judiciary
Chardae Caine, League of Municipalities
Jay Hall, Association of Counties


Statutes affected:
As introduced: 38-2223