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 14, 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 222 by Senate Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning SB 222 is respectfully
submitted to your committee.
Notwithstanding the provisions of federal law, SB 222 would require any provider of an online
platform to be treated as the publisher or speaker of information published by a user of the online
platform if the provider (1) knew or should have known the provider used an algorithm to make
personalized recommendations to a user of the online platform; and (2) the posts materially
contributed to a physical or severe emotional injury to the user. The bill would require wireless
communication device vendors to set wireless communication devices to a default setting that enables
a push notification on a parent’s wireless communication device alerting the parent that a minor has
downloaded an application on the minor’s wireless communication device upon a parent’s purchase
and activation of a wireless communication device intended for use by a minor.
The Office of Judicial Administration indicates the enactment of SB 222 would have a
negligible fiscal effect on the Judicial Branch. The Office of the Attorney General (OAG) indicates
the bill does not specify which agency would enforce the bill’s provisions or what the penalties would
be for the failure to notify parents. As a result, the OAG cannot estimate a fiscal effect. Any fiscal
effect from the enactment of the bill is not included in The FY 2024 Governor’s Budget Report.

Sincerely,

Adam Proffitt
Director of the Budget
cc: Brian Reiter, OITS
Vicki Jacobsen, Judiciary
John Milburn, Office of the Attorney General
Tamara Emery, Department of Administration
Craig Neuenswander, Department of Education