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 13, 2019


The Honorable Jim Kelly, Chairperson
House Committee on Financial Institutions and Pensions
Statehouse, Room 581-W
Topeka, Kansas 66612
Dear Representative Kelly:
SUBJECT: Fiscal Note for HB 2322 by Representative Garber, et al.
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2322 is
respectfully submitted to your committee.
HB 2322 would allow a social media user to sue a social media operator if the operator
deletes or censors a user’s religious or political speech. A parent or legal guardian of a social
media user who is under the age of 18 would be allowed sue the social media operator on the
behalf of the minor. The bill would also allow the Attorney General to sue on behalf of any social
media user. Certain times when censorship would be allowable, as well as certain fines to be paid
are identified in the bill.
The Office of the Attorney General indicates there would be a constitutional challenge to
HB 2322. A constitutional challenge to the bill would have an effect on the Tort Claims Fund. A
constitutional legal challenge could require the Office to procure outside counsel to assist in
defending the bill in court. If the bill is ruled to be unconstitutional, the state would be liable to
pay any monetary judgment against the state as well as the prevailing party’s attorney fees. The
Office also indicates that if social media users expect the Attorney General’s Office to pursue these
suits on the users’ behalf, an additional Assistant Attorney General position would need to be
hired. However, the Office cannot estimate the precise fiscal effect, including whether an
additional Assistant Attorney General position would be necessary, because the number of suits
that would be filed and litigation costs are unknown.
The Office of Judicial Administration indicates enactment of HB 2322 would have a fiscal
effect on the courts. The bill would allow social media users to file suits in district courts which
would increase time spent by judicial and nonjudicial personal processing, researching and hearing
The Honorable Jim Kelly, Chairperson
Page 2—HB 2322

cases. However, the Office cannot estimate the precise fiscal effect because the number of cases
that would be brought before the courts is unknown. The Office also estimates enactment of the
bill would increase revenues because courts would be able to collect additional docket fees. Any
fiscal effect associated with HB 2322 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
Janie Harris, Judiciary
Chardae Caine, League of Municipalities
Jay Hall, Association of Counties