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


March 21, 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 2321 by Representative Garber, et al.
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2321 is
respectfully submitted to your committee.
HB 2321 would create the Optional Elevated Marriage Act. The bill would define an
elevated marriage as a secular marriage that the state could recognize without violating the
establishment clause of the First Amendment of the United States Constitution or Section 7 of the
Bill of Rights of the Kansas Constitution that is entered into by one male and one female who
understand and agree that the marriage between them is a lifelong covenant relationship and who
intentionally agree to being subjected to higher standards of commitment at the outset of their
marriage as a matter of mutual consent. Parties to a marriage with heightened standards of
commitment would be required to receive authorized counseling emphasizing the nature, purposes
and responsibilities of marriage. A man and a woman would be able to enter into a marriage with
heightened standards of commitment by declaring intent to do so on the application for a marriage
license. The bill includes the language that would be required on a marriage license and marriage
certificate to reflect the declaration of an elevated marriage. A court of competent jurisdiction
would retain the discretion to not recognize elevated marriage agreements in extraordinary
circumstances.
Only when there has been a complete and total breach of the marital commitment could a
party seek a declaration that the marriage is no longer legally recognized. HB 2321 would list the
circumstances under which a party to an elevated marriage would be able to obtain a divorce. The
bill provides that it would be lawful for religious societies to reject formal marriage ceremonies
for its members with the exception that if the parties enter into a legally recognized marriage with
heightened standards of commitment, as set forth in the Act. The bill would require the Office of
Judicial Administration (OJA) to develop and promulgate the Act, including an informational
The Honorable Fred Patton, Chairperson
Page 2—HB 2321

pamphlet that provides a full explanation of the terms and conditions of an elevated marriage as
well as the obligation to seek marital counseling in times of marital difficulties and the exclusive
grounds for legally terminating a marriage by divorce. The bill would include definitions for
judicial separation, minor, and parody marriage. HB 2321 would take effect from and after its
publication in the statute book.
OJA indicates that the provisions of HB 2321 could extend certain marital cases, increasing
the time spent by judicial personnel researching and hearing cases. OJA indicates the bill would
also increase its costs for time spent by nonjudicial personnel developing and distributing an
informational pamphlet regarding elevated marriages. However, a fiscal effect of expenditures by
the Judicial Branch cannot be estimated. The Kansas Association of Counties indicates HB 2321
could have a fiscal effect on counties if a different type of marriage license would be required;
however, the cost of maintaining two different forms or changing the existing form cannot be
estimated. The League of Kansas Municipalities indicates that HB 2321 would have no fiscal
effect on cities. The Office of the Attorney General (OAG) indicates that HB 2321 would increase
its expenditures by requiring it to hire outside counsel to assist its civil litigation attorneys in
defending constitutional legal challenges to the provisions of the bill. Should any challenge
prevail, the OAG indicates monetary judgments and attorney fees would be required from the state.
A fiscal effect cannot be estimated; however, the OAG indicates any expenditures for outside
counsel, monetary judgements and legal fees would be paid out of the Tort Claims Fund. Any
fiscal effect associated with HB 2321 is not reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Janie Harris, Judiciary
Chardae Caine, League of Municipalities
Jay Hall, Association of Counties
Willie Prescott, Office of the Attorney General


Statutes affected:
As introduced: 23-2505, 23-2511, 23-2516