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 18, 2019


The Honorable Gene Suellentrop, Chairperson
Senate Committee on Public Health and Welfare
Statehouse, Room 441-E
Topeka, Kansas 66612
Dear Senator Suellentrop:
SUBJECT: Fiscal Note for SB 167 by Senator Baumgardner, et al.
In accordance with KSA 75-3715a, the following fiscal note concerning SB 167 is
respectfully submitted to your committee.
SB 167 would amend the Woman's-Right-To-Know Act concerning notification
requirements for medication abortions. The bill would require the Kansas Department of Health
and Environment (KDHE) to revise and maintain online and print resources regarding medication
abortions that use mifepristone, also known as RU-486 or mifeprex. All clinic or facility types
listed in the bill providing medication abortions would be required to post signage regarding
mifepristone and the prescribing physician must verbally provide the information to the woman at
least 24 hours prior. Any violation of the Act would be a class A person misdemeanor. A
subsequent violation and conviction would be a severity level 10, person felony. KDHE would be
required to assess a fine of $10,000 to any private office, freestanding surgical outpatient clinic,
hospital, or other clinic or facility that fails to post a sign. Any funds collected from fines would
be deposited into the State General Fund.
KDHE indicates SB 167 would require consultation with a medical provider to develop
comprehensible, accurate content to be added to existing print and online resources and materials.
The agency would need staff to coordinate and review materials, printing, distributing, orders and
other activities, but these expenses would be absorbed within existing resources. Printing, postage
and contractual services for the agency is estimated to cost $27,450 from the State General Fund
for FY 2020. The agency indicates that it is not possible to estimate the revenue to the State
General Fund. The Office of Judicial Administration indicates the bill has the potential for
increasing litigation in the courts because of the new violation created by the bill. If it does, the
Office indicates that there would be a fiscal effect on the operations of the court system. However,
The Honorable Gene Suellentrop, Chairperson
Page 2—SB 167

it is not possible to predict the number of additional court cases that would arise or how complex
and time-consuming they would be. Therefore, a precise fiscal effect cannot be determined. Any
fiscal effect associated with SB 167 is not reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Dan Thimmesch, Health & Environment
Janie Harris, Judiciary