Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 larry.campbell@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Larry L. Campbell, Director Laura Kelly, Governor


January 24, 2019


The Honorable Joe Seiwert, Chairperson
House Committee on Energy, Utilities and Telecommunications
Statehouse, Room 481-W
Topeka, Kansas 66612
Dear Representative Seiwert:
SUBJECT: Fiscal Note for HB 2004 by Representative Rhiley
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2004 is
respectfully submitted to your committee.
HB 2004 would amend the No-Call Act to require any telephone solicitor who makes an
unsolicited consumer telephone call to ensure a live operator answers the line within five seconds.
The bill would prohibit any person or entity using an automatic dialing-announcing device to make
calls to a mobile telephone number or resident unless:
1. The person being called consented to such calls;
2. The call is in connection to an existing debt, contract, payment, or performance that had
not been completed at the time of the call;
3. The call is with an individual who has an established business relationship with the caller;
and
4. The call is between 9:00 a.m. and 8:00 p.m.
The bill would prohibit the use of an automatic dialing-announcing device to make calls to
a hospital, ambulatory surgical center, recuperation center, ambulance service, emergency medical
service facility, mental health center, psychiatric hospital, state institution for the intellectually
disabled, law enforcement agency, or a public or private fire department. Additionally, the bill
would prohibit the sale, rent, or conveyance of a telephone number to any out-of-state person or
entity unless the source of the telephone number can be determined by contacting a
telecommunications provider. The bill would also prohibit the transmission of misleading or
inaccurate caller information with the intent to defraud, cause harm, or wrongfully obtain anything
of value. These provisions would not apply to law enforcement agencies or when a court order
authorizes the use of caller identification manipulation.
The Honorable Joe Seiwert, Chairperson
Page 2—HB 2004

According to the Office of the Attorney General, enactment of HB 2004 could result in it
issuing additional penalties of up to $10,000 per violation of the No-Call Act. However, the
agency indicates that the fiscal effect cannot be estimated because the calls described in the bill
generally originate from overseas call centers, beyond the jurisdiction of the agency. Any fiscal
effect associated with HB 2004 is not reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Willie Prescott, Office of the Attorney General


Statutes affected:
As introduced: 50-670