Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor
February 16, 2021
The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
Statehouse, Room 441B-E
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 74 by Senator Holland
In accordance with KSA 75-3715a, the following fiscal note concerning SB 74 is
respectfully submitted to your committee.
SB 74 would establish the Clergy Sexual Predator Reporting Act, or CLEAR Reporting
Act. The bill would allow individuals to request an inquiry and investigation by the Attorney
General by filing a statement under penalty of perjury, declaring that the person was a victim of or
a witness to sexual abuse committed by a religion minster. If the Attorney General has reasonable
grounds to believe that a crime has been committed based on the Attorney General’s own inquiries
or as a result of statements filed pursuant to the inquiry or investigation, the Attorney General must
apply to a district judge to conduct an inquisition or petition for a state grand jury to be summoned.
If the Attorney General is required to petition for a grand jury to be summoned, then the Attorney
General would petition to the chief judge of any district court. The chief judge or their designee
would then be required to order a grand jury that has jurisdiction to investigate and indict for
crimes committed anywhere in the state to be summoned.
Estimated State Fiscal Effect
FY 2021 FY 2021 FY 2022 FY 2022
SGF All Funds SGF All Funds
Revenue -- -- -- --
Expenditure -- -- $159,925 $159,925
FTE Pos. -- -- 1.00 1.00
The Honorable Kellie Warren, Chairperson
Page 2—SB 74
The bill does not specify what prosecutor would be expected to prosecute any charges
resulting from the provision of the bill. However, if the Office of the Attorney General would
prosecute these cases, it would require the agency to hire 1.00 Assistant Attorney General FTE
position that specializes in sexual abuse cases. The additional costs to hire the new position would
be $159,925 from the State General Fund in FY 2022. Included in this amount is $130,999 in
salaries and wages and $28,926 for office rent, travel expenses, information technology costs,
professional licensing and training, and office furnishings and supplies. The agency states there
may be additional investigative or grand jury costs if the bill were enacted, but this fiscal effect
cannot be estimated because the number of cases that would be filed is unknown.
The Kansas Bureau of Investigation (KBI) currently has a special task force assigned to
investigate complaints of sexual abuse committed by members of clergy. The employees assigned
to the task force would return to their original duties once the cases are concluded. If the Attorney
General would direct the KBI to investigate cases based on SB 74, the KBI may need to formalize
the task force and then additional positions and related costs would be needed from the State
General Fund. However, because the KBI does not know the additional caseload it could be
assigned, a fiscal effect cannot be estimated.
The Office of Judicial Administration states that SB 74 could create additional work for
district court chief judges if requested to summon a grand jury or inquisition results from charges;
however, a fiscal effect cannot be determined. Any fiscal effect associated with SB 74 is not
reflected in The FY 2022 Governor’s Budget Report. The Kansas Association of Counties states
that there could be some costs associated with court proceedings, but a fiscal effect cannot be
determined. The League of Kansas Municipalities states that SB 74 would have no fiscal effect
on cities.
Sincerely,
Adam Proffitt
Director of the Budget
cc: Wendi Stark, League of Municipalities
Jay Hall, Association of Counties
Debbie Thomas, Judiciary
Willie Prescott, Office of the Attorney General
Statutes affected: As introduced: 22-3001