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


February 1, 2023


The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 74 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 74 is
respectfully submitted to your committee.
SB 74 would allow any person, other than an attorney permitted to charge a contingent fee
representing a party, that has a right to receive compensation that is contingent on and sourced
from any proceeds of that civil action, by settlement, judgement, or otherwise, is jointly liable with
the party whom they have an agreement for costs assessed under KSA 60-2002 and for any
monetary sanction imposed under KSA 60-211(c), 60-226(f)(3), or 60-237(d)(3).
The bill would add a new provision related to discovery that requires third-party
agreements, except as stipulated or ordered by the court, to be provided to the opposing party
without waiting for a discovery request.
The bill would also specify that third parties who have a funding agreement subject to
disclosure under KSA 60-226(b)(3)(B) must reasonably compensate a person who is neither a
party nor a party’s officer for the cost of responding to a subpoena to produce designated
documents, electronically stored information, or tangible things, to permit the inspection of
premises, or to appear at a deposition. Reasonable costs would include costs of identifying,
collecting, reviewing, and producing the requested materials; measurable costs of disruption to the
nonparty’s normal business operations; costs of travel to appear at a deposition; and fees charged
by outside counsel directly related to compliance with the subpoena.
The Honorable Kellie Warren, Chairperson
Page 2—SB 74

The Office of Judicial Administration indicates enactment of SB 74 could have a fiscal
effect on the operations of the Judicial Branch because there could be additional litigation;
however, the Office estimates any fiscal effect would be negligible.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Vicki Jacobsen, Judiciary


Statutes affected:
As introduced: 60-226, 60-245