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 13, 2023


The Honorable Stephen Owens, Chairperson
House Committee on Corrections and Juvenile Justice
300 SW 10th Avenue, Room 546-S
Topeka, Kansas 66612
Dear Representative Owens:
SUBJECT: Fiscal Note for HB 2212 by House Committee on Corrections and Juvenile
Justice
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2212 is
respectfully submitted to your committee.
HB 2212 would amend the Kansas Offender Registration Act as it relates to juveniles. The
bill would change the definition of “sex offender” to exclude juvenile offenders adjudicated for a
sexually violent crime. The definition of “sexually violent crime” would be amended to include
juvenile offenders who have been adjudicated in another state for an offense that requires
registration in that state. The definition of “offender” would be amended to exclude juvenile
offenders adjudicated for the commission of sexual extortion or of a breach of privacy. Statutes
regarding the duration of sexual offender registration would be amended to delete the registration
requirement for any juvenile offender of less than 14 years old. If a person adjudicated as a juvenile
in another state was required to register in that state, the juvenile would be required to register in
Kansas for the period required in the other state.
The Kansas Bureau of Investigation (KBI) indicates enactment of the bill would take
Kansas out of compliance with the national Sex Offender and Notification Act (SORNA), which
requires registration of juveniles that were adjudicated to be delinquent of an offense equivalent
to or more severe than aggravated sexual abuse who were at least 14 years of age at the time of the
offense. The KBI states that the Office of Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking (SMART) in the Department of Justice requires each state to review
state statutes to ensure they are in compliance with SORNA. The KBI must submit a copy of their
review to the SMART Office to show the changes in laws during the last year. The SMART Office
sends a letter to the KBI and the Governor notifying the state of compliance or noncompliance.
Noncompliance would trigger a 10.0 percent reduction in the Edward Byrne Justice Assistance
The Honorable Stephen Owens, Chairperson
Page 2—HB 2212

Grant, which would affect state and local law enforcement, victim advocacy groups, and other
entities receiving such funds. However, a precise fiscal effect cannot be estimated. The KBI notes
that it currently has 795 registered juvenile offenders and removing them from the registry could
be done with existing staff. It would take five Administrative Officers four to six weeks to
complete the project of removing the juvenile offenders in addition to daily work. The KBI would
end the registrations and notify the sheriff’s offices and the offenders of their registration
requirements.
The Office of Judicial Administration indicates enactment of the bill would have a
negligible fiscal effect on Judicial Branch operations. Any fiscal effect associated with HB 2212
is not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Brendan Yorkey, Department of Transportation
Vicki Jacobsen, Judiciary


Statutes affected:
As introduced: 22-4902, 22-4903, 22-4904, 22-4906, 22-4907, 22-4908, 21-6614, 22-4909