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 7, 2023


The Honorable Fred Patton, Chairperson
House Committee on Judiciary
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2185 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2185 is
respectfully submitted to your committee.
HB 2185 would amend the Protection from Abuse Act and the Protection from Stalking,
Sexual Assault or Human Trafficking Act. The bill would specify that a law enforcement officer
may personally serve a defendant with a short form notification. Upon verification of the identity
of the defendant and knowledge of the existence of an unserved order against the defendant, a law
enforcement officer may detain the defendant for a reasonable time necessary to complete and
serve the short form notification. The bill specifies what should be included in the short form
notification. When the short form notification process is complete, the law enforcement officer
serving the notification would be required to file a copy of the notification with the clerk of the
district court.
The bill would specify that personal service could be made through short form notification
by a law enforcement officer. If personal service cannot be made on an individual, service would
be effected by leaving a copy of the summons and petition or other document at the individual’s
dwelling or usual place of abode and mailing to the individual by first-class mail, postage prepaid,
a notice that the copy has been left at the individual’s dwelling or usual place of abode. If a court
determines that after diligent effort the plaintiff has been unable to serve the defendant, the court
may order that notice may be given in a manner reasonably calculated to give actual notice,
including electronic means and may be by publication if other means are not effective.
HB 2185 would remove provisions relating to when protection orders may or may not be
modified and instead would prohibit protection orders from being modified by a subsequent ex
parte or temporary order issued in any action, except for certain provisions outlined in the bill.
The Honorable Fred Patton, Chairperson
Page 2—HB 2185

The bill would also allow a protection order to be modified by a subsequent final order pursuant
to a hearing or an agreement of the parties. The bill would also allow protection orders, upon
sworn testimony to support a showing of good cause and as authorized by other statutes, to modify
custody, residency, and parenting time previously issued in action for parentage actions or in a
divorce, separate maintenance, or annulment filed.
The Office of Judicial Administration states enactment of the bill could have a fiscal effect
on the operations of the Judicial Branch because the bill’s provisions could result in additional
time spent by judges and court employees processing and deciding cases related to protection
orders. The Office indicates until the Judicial Branch has had an opportunity to operate under the
bill’s provisions a fiscal effect cannot be estimated. Any fiscal effect associated with HB 2185 is
not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Vicki Jacobsen, Judiciary


Statutes affected:
As introduced: 60-3104, 60-3107, 21-5414, 21-5924, 60-31a04