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 18, 2019


The Honorable Rick Wilborn, Chairperson
Senate Committee on Judiciary
Statehouse, Room 541-E
Topeka, Kansas 66612
Dear Senator Wilborn:
SUBJECT: Fiscal Note for SB 213 by Senate Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning SB 213 is
respectfully submitted to your committee.
SB 213 would allow the Attorney General to refuse to represent or indemnify a public
agency or employee or agent of a public agency in an action, proceeding or investigation involving
an alleged violation of the Kansas Open Records Act (KORA) or the Kansas Open Meetings Act
(KOMA).
The Office of the Attorney General (OAG) indicates that enactment of SB 213 would result
in reduced expenditures beginning in FY 2020 because the agency would no longer be required to
provide legal representation for KORA and KOMA violation cases. The agency notes that it must
enforce KOMA and KORA, which creates a conflict of interest that requires the agency to hire
outside counsel to provide the legal defense. The agency states that it is currently aware of two
such cases that allege violations of KOMA and KORA, and it estimates the cost of providing legal
defense of those cases to be approximately $5,000 to $10,000 per case. However, the fiscal effect
cannot be estimated because the total number of cases that the OAG would no longer be required
to defend is unknown.
The Office of Judicial Administration indicates that enactment of the bill would require
additional expenditures of $40,000 beginning in FY 2020. The agency states it would be required
to hire outside counsel for approximately four employees each fiscal year at a cost of $10,000 per
case that would need legal representation due to alleged violations. The Office states that it would
be required to hire outside counsel because it would be a conflict of interest for its own attorneys
to appear before its own courts.
The Honorable Rick Wilborn, Chairperson
Page 2—SB 213

The League of Kansas Municipalities and the Kansas Association of Counties indicate that
enactment of the bill could require local units of governments to provide legal representation for
alleged violations of KOMA and KORA instead of such representation being provided by OAG,
which could increase expenditures. However, the fiscal effect cannot be estimated because the
number of cases that local units of government would be required to defend is unknown.
The Division of the Budget notes that enactment of the bill could require state agencies to
either use its own legal counsel or seek outside counsel instead of requesting legal representation
from the OAG, which could increase expenditures for legal costs for agencies. However, this
fiscal effect cannot be estimated because the number of public agencies that would need legal
representation due to an alleged violation of KORA or KOMA is unknown. Any fiscal effect
associated with SB 213 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
Chardae Caine, League of Municipalities
Jay Hall, Association of Counties
Janie Harris, Judiciary


Statutes affected:
As introduced: 45-215, 45-230, 45-254, 75-4317