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 10, 2023
REVISED

The Honorable Pat Proctor, Chairperson
House Committee on Elections
300 SW 10th Avenue, Room 218-N
Topeka, Kansas 66612
Dear Representative Proctor:
SUBJECT: Revised Fiscal Note for HB 2289 by House Committee on Elections
In accordance with KSA 75-3715a, the following revised fiscal note concerning HB 2289
is respectfully submitted to your committee.
HB 2289 would limit the power of the Governmental Ethics Commission to issue
subpoenas concerning the Campaign Finance Act. The bill specifies that the Commission would
not have the power to issue any subpoena prior to the filing of a verified complaint before the
Commission and a finding by the Commission that probable cause exists pursuant to KSA 25-
4161(e). The Commission may request the Attorney General or county or district attorney to file
an application for an inquisition in a district court for investigating potential violations of the
Campaign Finance Act.
The Governmental Ethics Commission states it is unable to estimate a fiscal effect of the
bill. The Office of Judicial Administration indicates enactment of HB 2289 could have a fiscal
effect on Judicial Branch operations because the bill’s provisions could create additional cases for
district court chief judges if they are requested to preside over an inquisition to investigate
violations of the Campaign Finance Act. Also, the Office indicates the inquisition could result in
criminal charges being filed with the district court. The Office indicates a fiscal effect cannot be
estimated until the Judicial Branch has been given an opportunity to operate under the bill’s
provisions.
Since the original fiscal note was issued additional information has been provided by the
Office of the Attorney General. The Office estimates additional expenditures of $162,684 from
the State General Fund in FY 2024, along with an additional 1.50 FTE positions if the bill were
The Honorable Pat Proctor, Chairperson
Page 2—REVISED HB 2289

enacted. Of the total amount, $144,815 would be for salaries and wages and $17,869 would be for
other operating expenditures. The agency indicates the additional expenditures would be needed
because the bill’s enactment would increase caseloads related to requests for the agency to file
applications to initiate an investigation of any potential violations of the Campaign Finance Act.
Any fiscal effect associated with HB 2289 is not reflected in The FY 2024 Governor’s Budget
Report.
The Kansas Association of Counties indicates enactment of the bill would not have a fiscal
effect on counties.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Mark Skoglund, Governmental Ethics Commission
Vicki Jacobsen, Judiciary


Statutes affected:
As introduced: 25-4158