SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2429
As Amended by House Committee on Health
and Human Services
Brief*
HB 2429, as amended, would enact the Alternatives to
Abortion Program (Program), to be administered by the
Secretary for Children and Families (Secretary), and create a
public awareness program to promote Program services.
Alternatives to Abortion Program Services
The Program would serve as a statewide program to
enhance and increase resources that promote childbirth
instead of abortion to women facing unplanned pregnancies.
The Program would offer a full range of services, including
pregnancy support centers, adoption assistance, and
maternity homes.
The Program would include only the following services:
● Counseling and mentoring;
● Care coordination for prenatal services, including
connecting clients to health programs;
● Providing educational materials and information
about pregnancy and parenting;
● Referrals to county and social service programs,
including, but not limited to, child care,
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
transportation, housing, and state and federal
benefit programs;
● Classes on life skills, budgeting, parenting, stress
management, job training, job placement, and
obtaining a GED certificate;
● Providing material items, including, but not limited
to, car seats, cribs, maternity clothes, infant
diapers, and formula; and
● Support groups in maternity homes.
The bill would provide for Program services to be
available to any Kansas resident who is:
● A pregnant woman;
● The biological father of an unborn child;
● The biological or adoptive parent of a child 24
months of age or younger;
● A Program participant who has experienced the
loss of a child; or
● A parent of legal guardian of a pregnant child who
is a Program participant.
The provision and delivery of services under the
Program would be dependent on participant needs as
assessed by the nonprofit organization providing the services
and not otherwise prioritized by the Secretary. The bill would
provide for such services to be available to participants only
during pregnancy and continuing for up to two years after the
birth of the child.
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Program Facilitation and Funding
The bill would require the State Treasurer to contract
with one nonprofit organization to provide services under the
Program. Such nonprofit organization would contract with
existing pregnancy centers, adoption agencies, maternity
homes, and social service organizations that promote
childbirth instead of abortion to provide the services
described in the bill. The contractor and subcontractors would
be able to provide services in addition to the services
described that would not otherwise be inconsistent with the
bill, but such services would not be funded under the
Program.
The bill would require the Secretary, to the greatest
extent possible, to supplement and match moneys
appropriated for the Program with federal and other public
and private moneys. The Secretary would be required to
prioritize such additional moneys to be used preferentially for
the Program. The bill would require the Secretary to remit
supplemental and matching moneys to the State Treasurer in
accordance with statute, and such moneys would be
expended for the Program.
The Program and any moneys expended could not be
used to or provided to organizations that perform, induce,
assist in the performance or inducement of, or refer for
abortions.
Contract Length and Penalties
The bill would specify that any contract or renewal
awarded for the Program would be for a term of not longer
than two years.
The bill would require the State Treasurer to assess an
administrative fine against any nonprofit organization
awarded a contract with the Program for failure to satisfy
Program requirements or for the intentional or reckless
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misuse of any funds awarded by the terms of the contract.
The fine would be in the amount of 10 percent of the funds
awarded by the terms of the contract, and the State Treasurer
would be directed to deposit any moneys recovered from any
such fine into the State Treasury to the credit of the State
General Fund.
Program Reporting
The bill would require the nonprofit organization
contracted for the Program to submit a report on the
administration of the Program to the Legislature and the State
Treasurer on or before July 31 of each year. The report would
be required to include:
● The number of clients enrolled in the Program;
● The number of clients who participated in case
management services provided under the
Program;
● The number of case management hours provided
under the Program;
● The number of clients engaged in educational
services or job training and placement activities
under the Program;
● The number of newborns who were born to
Program participants;
● The number of such newborns placed for adoption;
● The number of fathers who participated in Program
services;
● The number of client satisfaction surveys
completed; and
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● Any other information to show the success of the
contractor’s administration of the Program.
Public Awareness Program
The bill would establish the Alternatives to Abortion
Public Awareness Program (Public Awareness Program) and
direct the nonprofit organization providing services under
contract with the State Treasurer to administer the Public
Awareness Program for the purpose of helping pregnant
women who are at risk of having abortions to be made aware
of the alternatives to abortion services.
The Public Awareness Program would include the
development and promotion of a website that provides a
geographically indexed list of alternatives to abortion services
and available subcontractors. The bill would require such
agencies to be entities that are exempt from income tax
pursuant to the Internal Revenue Code and provide
alternatives to abortion services.
The bill would allow the Public Awareness Program to
use television, radio, outdoor advertising, newspapers,
magazines, other print media, and the internet and other
means to provide information about alternatives to abortion
services, agencies, and contractors.
Public Awareness Program Funding
To the greatest extent possible, the bill would require the
Secretary to supplement and match moneys appropriated for
the Public Awareness Program with federal and other public
and private moneys. The Secretary would be required to
prioritize such additional moneys to be used preferentially for
the Public Awareness Program. The bill would direct the
Secretary to remit supplemental and matching moneys to the
State Treasurer in accordance with statute, and such moneys
would be expended for the Program.
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The Public Awareness Program and any moneys
expended would not be used to or provided to organizations
or affiliates of organizations that perform, induce, assist in the
performance or inducement of, or refer for abortions.
Background
The bill was introduced by the House Committee on
Appropriations at the request of Representative Landwehr.
House Committee on Health and Human Services
At the House Committee hearing on March 7, 2023,
proponent testimony was provided by representatives of
Kansans for Life; Kansas Catholic Conference; Nativity
House KC; Catholic Charities of Northeast Kansas; and
Embrace of Wichita, Inc., who generally stated the bill would
provide additional resources for women experiencing
unplanned pregnancies and that such services are in demand
around the state.
Written-only proponent testimony was provided by
Campaign Life Missouri and a private citizen.
Written-only opponent testimony was provided by
Planned Parenthood Great Plains Votes and three private
citizens.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Department
of Health and Environment (KDHE) administers the Stan
Clark Pregnancy Maintenance Initiative which is a state grant
program designed to help low-income women carry
pregnancies to term. It granted $338,846 in FY 2022 to 10
agencies which provided educational and vocational support,
prenatal care, and postnatal services to 834 program
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participants. This is an average of $406 per participant and
this program contains many, but not all, of the elements
detailed in the bill.
The Department for Children and Families (DCF)
indicates that if the agency would be required to implement
such a program, the nonprofit organization contracted with by
the State Treasurer would provide all the services in the bill,
assessments to determine participants served, and any
subcontracting to offer a full range of services. DCF
requirements would be to coordinate with the State Treasurer
for the program management contract and to provide
supplementing and matching moneys with federal and other
public and private funding to moneys appropriated to this
program.
DCF states that the only federal funding that would be
applicable to this program is Temporary Assistance for Needy
Families (TANF) which is fully obligated. All proposed items
may not be a TANF eligible service. Since DCF is currently
spending more TANF than the annual grant, the use of TANF
for this purpose would require a reduction in other TANF-
funded programs or services.
Assumptions for Population to Serve
2021 2020 2019 2018
Total 7849 7847 6904 6996
Abortions
Reported in
Kansas by
Year
Total 3937 3641 3543 3550
Abortions
Reported for
Kansas
Residents
Per historical abortion data reported by KDHE, DCF
estimates that abortions for Kansas residents will increase by
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3.75 percent each year, making the number for 2024
approximately 4,400. DCF assumes that these women would
represent the primary group of Program participants the
agency should anticipate. If Program participants were to
receive services in the amount of $406 as seen in the Stan
Clark program, the result would be an estimated fiscal effect
on expenditures of $1,786,400 from the State General Fund.
Regarding the biological fathers of the unborn and the
biological or adoptive parents of children 24 months of age or
younger, the agency is not able to provide an estimate of the
number who would request services.
The State Treasurer’s Office indicates the bill would
require the Office to account for receipts and disbursements,
develop a request for proposal for the Program management
contract, and formally enter into the Program management
contract on behalf of the State of Kansas. The contracting
and accounting duties required by the Office would be
performed using existing resources.
The Kansas Department of Revenue and KDHE indicate
that the bill would have no fiscal effect on the agencies.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Alternatives to Abortion Program; Alternatives to Abortion Public Awareness
Program; abortion; pregnancy; pregnancy centers; maternity homes; adoption
agencies; State Treasurer; Department for Children and Families
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