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


January 25, 2023


The Honorable Mike Thompson, Chairperson
Senate Committee on Federal and State Affairs
300 SW 10th Avenue, Room 144-S
Topeka, Kansas 66612
Dear Senator Thompson:
SUBJECT: Fiscal Note for SB 1 by Senator Steffen
In accordance with KSA 75-3715a, the following fiscal note concerning SB 1 is
respectfully submitted to your committee.
Under SB 1, no contract between an interactive computer service and a person that contains
terms of service for use of a social media website operated by the service could include provisions
that authorize the service to restrict, censor or suppress information that does not pertain to
obscene, lewd, lascivious, filthy, excessively violent, harassing, or other objectional subject
matter. Violations would be reported to the Attorney General, who would be required to
investigate and could bring action for injunctive relief, including a civil penalty. Each instance in
which an interactive computer service contracts with a person containing terms of services that
violate the bill would be a separate violation.
The Office of Judicial Administration indicates that the bill could increase the number of
cases filed in district court because it allows the Attorney General or a person to bring a court
action for injunction relief or damages, which would in turn increase the time spent by district
court judicial and nonjudicial personnel in processing, researching, and hearing cases. The bill
could also result in the collection of additional docket fees. However, a fiscal effect cannot be
estimated.
The Office of the Attorney General states that enactment of the bill could generate between
five to ten complaints per week. Therefore, the agency would require an additional 0.50 FTE
Investigator position at a cost of $38,500 for salaries and wages and an additional $22,681 for
equipment and other operating expenditures for FY 2024. The Office also states that the
constitutionality of this bill could be challenged. The case would likely go through the appellate
process to get a definitive ruling, which could take two to four years. The defense could be handled
The Honorable Mike Thompson, Chairperson
Page 2—SB 1

within the agency’s existing resources, but the agency notes it is possible that specialized outside
counsel could be necessary. If the challenge is successful, the state could be ordered to pay the
plaintiff’s attorney fees. Any fiscal effect associated with SB 1 is not reflected in The FY 2024
Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Vicki Jacobsen, Judiciary
John Milburn, Office of the Attorney General