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 Kellie Warren, Chairperson
Senate Committee on Judiciary
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 149 by Senate Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning SB 149 is
respectfully submitted to your committee.
SB 149 would expand the definition of crimes related to obscene performances to include
drag performances. A first conviction would be a class A nonperson misdemeanor and a
subsequent conviction would be a severity level 9, person felony. The bill would establish
definitions of what constitutes a drag performance.
The Office of Judicial Administration indicates enactment of the bill could increase the
number of cases filed in district courts because it creates a new crime. This could increase the
time spent by district court judicial and nonjudicial personnel in processing, researching, and
hearing cases. Since the crime carries misdemeanor and felony penalties, there could also be more
supervision of offenders required to be performed by court services officers. The bill could also
result in the collection of supervision fees, docket fees, and fines, which would be deposited into
the State General Fund. However, the Office states a precise fiscal effect cannot be determined
until the Judicial Branch has had an opportunity to operate under the bill’s provisions.
The Attorney General indicates enactment of the bill would require additional prosecution
of cases under the provisions of the bill, but any fiscal effect would be negligible. The Sentencing
Commission indicates enactment of the bill could result in additional prison beds needed, but a
precise effect cannot be determined. The Department of Corrections indicates enactment of the
The Honorable Kellie Warren, Chairperson
Page 2—SB 149

bill would not have a fiscal effect on the agency. Any fiscal effect associated with SB 149 is not
reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Scott Schultz, Sentencing Commission
Vicki Jacobsen, Judiciary
Randy Bowman, Department of Corrections
John Milburn, Office of the Attorney General


Statutes affected:
As introduced: 21-6401