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
February 15, 2019

The Honorable Fred Patton, Chairperson
House Committee on Judiciary
Statehouse, Room 519-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2098 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2098 is
respectfully submitted to your committee.
HB 2098 would specify that a court could order the disclosure of criminal investigation
records, if the court finds that disclosure is in the public interest and that the disclosure outweighs
any potential harm. The bill would additionally specify that public interest means more than mere
public curiosity and to be a matter involving public interest, the matter must affect a right or
expectation of the community at large and further public evaluation of governmental performance.
The Office of Judicial Administration states enactment of HB 2098 would have a negligible
fiscal effect on the operations of the Judicial Branch.
The Office of the Attorney General states enactment of HB 2098 could increase the number
of requests for opinions interpreting the bill’s provisions or complaints regarding alleged violations
of the Kansas Open Records Act. This could result in the need for additional staff attorneys and
investigators; however, the Office is unable to estimate a fiscal effect. Any fiscal effect associated
with HB 2098 is not reflected in The FY 2020 Governor’s Budget Report.
The Kansas Association of Counties and the League of Kansas Municipalities indicate
enactment of HB 2098 would have a negligible fiscal effect on local governments.

Sincerely,

Larry L. Campbell
Director of the Budget
cc: Janie Harris, Judiciary
Paul Weisgerber, KBI
Sherry Macke, Highway Patrol
Willie Prescott, Office of the Attorney General
Chardae Caine, League of Municipalities
Jay Hall, Association of Counties


Statutes affected:
As introduced: 45-221