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
Adam Proffitt, Director Laura Kelly, Governor


February 8, 2021


The Honorable Fred Patton, Chairperson
House Committee on Judiciary
Statehouse, Room 519C-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2226 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2226 is
respectfully submitted to your committee.
HB 2226 would require the automatic expungement of certain convictions and arrest
records when the offender meets specified conditions. The conditions are outlined in the bill. The
court would not be allowed to charge a docket fee for the automatic expungement.

Estimated State Fiscal Effect
FY 2021 FY 2021 FY 2022 FY 2022
SGF All Funds SGF All Funds
Revenue -- -- -- --
Expenditure -- -- $324,250 $324,250
FTE Pos. -- -- -- 8.00
The Kansas Bureau of Investigation (KBI) states enactment of HB 2226 would result in
additional expenditures of $324,250 from the State General Fund in FY 2022. Of that amount,
$311,500 would be to hire an additional 8.00 FTE positions to process the expungements.
Currently, the KBI receives approximately 3,300 expungements per year that are processed by one
employee. The KBI states there were over 27,000 convictions and diversions in 2019. The
remaining $12,750 would be for one-time programming costs for modifications to the agency’s
criminal history database.
The Office of Judicial Administration indicates enactment of the bill could have a fiscal
effect if court employees are required to keep track of expungements, which would increase their
workload. In addition, the Office states there is not a current automated process or system for
The Honorable Fred Patton, Chairperson
Page 2—HB 2226

court employees to track expungements, so this would likely be a manual process and if the Office
develops a way to automate the process, there would be additional programming costs. According
to the Office, a fiscal effect cannot be estimated. The Office states there are currently docket fees
charged in expungement cases; however, the provisions of the bill would not allow for the
assessment of docket fees for expungement petitions and would result in a decrease in docket fee
revenue. Any fiscal effect associated with HB 2226 is not reflected in The FY 2022 Governor’s
Budget Report.
The League of Kansas Municipalities states the bill’s enactment would have a fiscal effect
on cities because additional resources would be needed to research past municipal convictions and
to review and file the necessary petitions. The Kansas Association of Counties states additional
resources could be needed to implement the bill’s provisions; however, the costs would be
negligible.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Debbie Thomas, Judiciary
Wendi Stark, League of Municipalities
Jay Hall, Association of Counties


Statutes affected:
As introduced: 12-4516, 21-6614