SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2363
As Amended by Senate Committee on Ways
and Means

Brief*
HB 2363, as amended, would amend law governing
compensation for services provided to indigents to require
appointed counsel be paid at a rate not to exceed $100 per
hour through June 30, 2023, and at a rate not to exceed $120
per hour on and after July 1, 2023. [Note: Under current law,
$80 per hour is the maximum rate of pay. Under continuing
law, the rate of pay provision does not apply to a public
defender, assistant public defender, or contract counsel, and
compensation for appointed counsel may be negotiated or
contracted for at a lower rate if certain exceptions exist.]

Background
The bill was introduced by the House Committee on
Judiciary at the request of Representative Patton on behalf of
the Board of Indigents’ Defense Services (BIDS).

House Committee on Judiciary
In the House Committee hearing on February 15, 2021,
the Executive Director of BIDS testified as a proponent on
the bill, stating the intention of the bill is to allow BIDS to pay
appointed counsel at a rate higher than what the statute
currently allows in order to keep up with the market rate for
legal services and respond to growing pressures on assigned
counsel in the state. Written-only proponent testimony was
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
provided by representatives of the Kansas Bar Association
and the Kansas Association of Criminal Defense Lawyers. No
other testimony was provided.

House Committee of the Whole
On March 5, 2021, the bill was withdrawn from the
Calendar and referred to the House Committee on
Appropriations.

House Committee on Appropriations
On March 10, 2021, the bill was withdrawn from the
House Committee on Appropriations and referred to the
House Committee on Transportation and Public Safety
Budget.

House Committee on Transportation and Public Safety
Budget
In the House Committee hearing on March 22, 2021,
proponent testimony was provided by the Executive Director
of BIDS and a representative of the Kansas Bar Association
stating the bill provides flexibility for future rate increases.
Written-only proponent testimony was provided by
representatives of the Kansas Association of Criminal
Defense Lawyers and the Kansas District Judges
Association. No other testimony was provided.
The House Committee amended the bill to set assigned
counsel compensation at a rate not to exceed $100 per hour
through June 30, 2023, and at a rate not to exceed $120 per
hour on and after July 1, 2023.


2- 2363
Senate Committee on Ways and Means
In the Senate Committee hearing on April 7, 2021,
proponent testimony was provided by the Executive Director
of BIDS, stating the bill provides flexibility for future rate
increases and is an attempt to address the shortages of
assigned counsel within the state. Written-only proponent
testimony was provided by representatives of the Kansas Bar
Association and the Kansas Association of Criminal Defense
Lawyers. No other testimony was provided.
The Senate Committee amended the bill to make
technical corrections.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, if BIDS were to raise the
rate for FY 2022 to $100 per hour, then the increased
expenditures are estimated to be $3,569,164. BIDS states the
assigned counsel rate has already been set for FY 2021 and
therefore there would be no additional expenditures this fiscal
year. The agency notes the rate amount would increase only
if the agency has the additional funding from the State
General Fund in FY 2022 to implement the increase and
receives approval of changes to administrative rules and
regulations. Any fiscal effect associated with enactment of the
bill is not reflected in The FY 2022 Governor’s Budget Report.


Board of Indigents' Defense Services; appointed counsel; case rate


3- 2363


Statutes affected:
As introduced: 22-4507
As Amended by House Committee: 22-4507
As Amended by Senate Committee: 22-4507