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 27, 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 258 by Senate Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning SB 258 is
respectfully submitted to your committee.
SB 258 would enact the Act Against Abusive Access Litigation. The bill would allow the
Attorney General, on behalf of a class of residents under KSA 60-223, or any Kansas resident that
is subject to litigation that alleges any access violation, to file a civil action against a party,
attorney, or law firm that initiated such litigation for a determination regarding whether such
litigation alleging an access violation is abusive litigation.
The bill would specify in determining whether any litigation that alleges any access
violation constitutes abusive litigation, the trier of the fact would be required to consider the totality
of the circumstances to determine if the primary purpose of the litigation that alleges an access
violation is obtaining a payment from a defendant due to the costs of defending the action in court.
The bill outlines the factors the trier of fact may consider in making a determination.
If the trier of the fact determines that an initiator of an action is a defendant in abusive
litigation, the court may award reasonable attorney fees and costs in bringing the action, as well as
defending against the abusive litigation to be paid by the party bringing the abusive litigation. In
addition, the court may award punitive damages or sanctions not to exceed three times the amount
of attorney fees awarded by the court. The bill would define “access violation,” “public
accommodation,” and “resident of the state.” The bill would take effect upon its publication in the
Kansas Register.
The Office of Judicial Administration states enactment of SB 258 could increase the
number of cases filed in district court because the bill’s provisions would allow for a civil suit to
The Honorable Kellie Warren, Chairperson
Page 2—SB 258

be filed by the Attorney General, which would increase the time spent by judges and court
employees processing and hearing cases. The Office states a fiscal effect cannot be estimated until
the Judicial Branch has had an opportunity to operate under the bill’s provisions.
The Office of the Attorney General estimates additional expenditures of $196,825 from the
State General Fund, along with an additional 1.50 FTE positions in FY 2024 to carry out the bill’s
provisions if it is enacted. Of this amount, $178,837 would be for salaries and wages for 1.00
Attorney FTE position and for a 0.50 Administration Specialist FTE position. The remaining
$17,988 would be for other operating expenditures. The agency indicates the civil cause of action
would likely be filed by the Civil Litigation Division of the Office of the Attorney General. The
agency estimates that there would be additional casework in preparing for lawsuits against
violators of the Act. Any fiscal effect associated with SB 258 is not reflected in The FY 2024
Governor’s Budget Report.
The Kansas Association of Counties states the bill’s enactment could have a fiscal effect
on counties if certain counties are constantly being faced with litigation regarding access
violations. The League of Kansas Municipalities states enactment of SB 258 would not have a
fiscal effect on cities.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Vicki Jacobsen, Judiciary
Leigh Keck, Department for Aging & Disability Services
John Milburn, Office of the Attorney General
Wendi Stark, League of Kansas Municipalities
Jay Hall, Kansas Association of Counties