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 C. Proffitt, Director Laura Kelly, Governor


February 7, 2024


The Honorable Susan Humphries, Chairperson
House Committee on Judiciary
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Humphries:
SUBJECT: Fiscal Note for HB 2592 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2592 is
respectfully submitted to your committee.
HB 2592 would require age verification for access to certain websites with materials that
are harmful to minors. Any commercial entity that knowingly shares or distributes material that
is harmful to minors on a website and such material appears on 25.0 percent or more of the
webpages viewed on the website in any calendar month, or if that entity knowingly hosts such
website would be required to verify that any person attempting to access such website is 18 years
of age or older. This would apply to residents of Kansas and those trying to access the website
while in the State of Kansas. The bill would specify requirements for the age verification and
make definitions for terms used throughout the bill. The Attorney General would be required to
investigate upon a report of a violation of the provisions of the bill. The bill would allow for an
action for injunctive relief to enjoin any continuing violation and would also allow for civil
penalties. Violations would be considered an unconscionable act and practice under the Kansas
Consumer Protection Act.
According to the Kansas Attorney General’s Office, enactment of HB 2592 would require
the Attorney General to investigate and bring actions for injunctive relief to enjoin any continuing
violations of the provisions. The agency states they would need to hire at least 1.00 FTE attorney
position to handle the investigations and actions for injunctive relief. The agency would also need
1.00 FTE legal assistant position to help manage the caseload. The agency estimates additional
expenditures of at least $210,000, all from the State General Fund, in FY 2025 and $220,000, all
from the State General Fund, in FY 2026. The agency is unable to determine if more staff would
be needed to address the caseload resulting from the bill. The agency also anticipates additional
resources would be required to defend the bill from legal challenges.
The Honorable Susan Humphries, Chairperson
Page 2—HB 2592

The Office of Judicial Administration states passage of HB 2592 could increase the number
of cases filed in district courts because it allows for civil suit to be filed. This could result in more
time spent by judicial and nonjudicial personnel processing, researching, and hearing these 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, which would be deposited to the State
General Fund. The bill would not affect other revenues to the Judicial Branch. However, a fiscal
effect cannot be estimated. Any fiscal effect associated with HB 2592 is not reflected in The FY
2025 Governor’s Budget Report.


Sincerely,

Adam C. Proffitt
Director of the Budget


cc: Trisha Morrow, Judiciary
William Hendrix, Office of the Attorney General