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


March 23, 2023


The Honorable Beverly Gossage, Chairperson
Senate Committee on Public Health and Welfare
300 SW 10th Avenue, Room 142-S
Topeka, Kansas 66612
Dear Senator Gossage:
SUBJECT: Fiscal Note for SB 320 by Senate Committee on Ways and Means
In accordance with KSA 75-3715a, the following fiscal note concerning SB 320 is
respectfully submitted to your committee.
SB 320 would create the Born-Alive Infants Protection Act. The bill would define “born
alive” to mean the complete expulsion or extraction of a human being from its mother, at any stage
of development, who, after such expulsion or extraction, breathes or has a beating heart, pulsation
of the umbilical cord or definite movement of voluntary muscles, regardless of whether the
umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result
of natural or induced labor, cesarean section or induced abortion. The bill would also make various
other definitions and amend current statutes to match definitions within the bill. The bill would
contain requirements for healthcare providers and employees of medical facilities in situations
when an abortion or attempted abortion resulted in a child being born alive. The bill would define
criminal and civil actions allowed for violations of the Act. Medical care facilities in which an
infant was born alive would be required to submit an annual report to the Kansas Department of
Health and Environment. In addition, the bill would contain a severability clause and would detail
confidentiality of certain information collected under the Act, the confidentiality provisions would
sunset on July 1, 2028.
According to the Kansas State Board of Healing Arts, enactment of SB 320 could result in
an increase in complaints, investigations, and potential litigation but the additional workload
would be managed within existing resources. The Office of the Attorney General reports that the
bill is likely to be challenged on constitutional grounds in state court. The litigation could be
ongoing and would be likely to reach the appellate level. The agency is unable to determine the
amount of additional workload resulting from passage of the bill but anticipates handling within
existing resources.
The Honorable Beverly Gossage, Chairperson
Page 2—SB 320

The Office of Judicial Administration states enactment of SB 320 could increase the
number of cases filed in district court because it allows for civil actions and creates new crimes,
which could result in more time spent by judicial and nonjudicial personnel processing,
researching, and hearing cases. The Office estimates enactment of the bill could result in the
collection of docket fees and fines assessed in those cases filed under the bill’s provisions.
According to the Office, a fiscal effect cannot be estimated. The Kansas Department of Health
and Environment and the Kansas Department for Children and Families report that enactment of
SB 320 would not have a fiscal effect on agency operations. Any fiscal effect associated with SB
320 is not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Amy Penrod, Department of Health & Environment
Vicki Jacobsen, Judiciary
Kim Holter, Department for Children & Families
Susan Gile, Board of Healing Arts
John Milburn, Office of the Attorney General


Statutes affected:
As introduced: 65-445