Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


March 31, 2021


The Honorable John Barker, Chairperson
House Committee on Federal and State Affairs
Statehouse, Room 285A-N
Topeka, Kansas 66612
Dear Representative Barker:
SUBJECT: Fiscal Note for HB 2439 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2439 is
respectfully submitted to your committee.
HB 2439 would revise the Kansas Criminal Code by creating two new crimes. The first
crime would be unauthorized disclosure of a child’s sexual orientation or gender identity, which
would be a class A person misdemeanor. This would include disclosing, with no requirement of
a culpable mental state, the sexual orientation or gender identity of a child under the age of 18
without the written or verbal consent of the child or the child’s parent or legal guardian in a position
of trust. The second crime would be aggravated unauthorized disclosure of a child’s sexual
orientation or gender identity which would be a severity level 9, person felony. This would include
disclosure of a child’s sexual orientation or gender identity, but with the intent to harass, embarrass,
intimidate, defame, or otherwise inflict emotional, psychological, or physical harm on the child.
These crimes would not apply if the person disclosing the information is under 18 years of age or
is a family member of the child.
The Department for Children and Families and the Department of Corrections indicate that
HB 2439 would have no fiscal effect on either Department. The Office of Judicial Administration
indicates that the bill could increase the number of cases filed in district courts because it creates
two new crimes. This would increase the time spent by district court judicial and nonjudicial
personnel in processing, researching, and hearing cases. Since the crimes would carry a probation
penalty, there could also be more supervision of offenders required to be performed by Court
Service Officers. The bill could also result in the collection of docket fees, supervision fees, and
fines assessed in those cases filed under the provisions of the bill. However, it is not possible to
The Honorable John Barker, Chairperson
Page 2—HB 2439

estimate the number of additional court cases that would arise or how complex and time-
consuming they would be. Therefore, a fiscal effect cannot be estimated. Any fiscal effect
associated with HB 2439 is not reflected in The FY 2022 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Kim Holter, Children & Families
Debbie Thomas, Judiciary