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 13, 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 182 by Senator Haley
In accordance with KSA 75-3715a, the following fiscal note concerning SB 182 is
respectfully submitted to your committee.
SB 182 would create an obligation to pay child support for a defendant convicted of an
offense that kills or incapacitates a parent of minor child. The child support obligation would
continue until the child is 18 and has graduated from high school, or until the child is 18 and the
child’s high school class has graduated. The bill lists factors for the court to consider in
determining the amount of support obligation and which would be paid to the child’s parent or
guardian. The judgment would be enforced as a judgment of restitution. If the victim or the
victim’s family obtained a judgment in a civil suit filed against the defendant before the criminal
court ordered the child support obligation, no restitution would be ordered. If the victim or the
victim’s family obtained a judgment in a civil suit filed against the defendant after the criminal
court entered the child support order, the support order would be offset by the amount of the
judgment.
The Office of Judicial Administration indicates that SB 182 could have a fiscal effect on
expenditures of the Judicial Branch. The bill’s provisions require courts to consider various factors
in determining the amount of child support obligation, which would be paid to the child’s parent
or guardian. Nevertheless, until the courts have had an opportunity to operate under the provisions
of SB 182, an accurate estimate of the fiscal effect on expenditures by the Judicial Branch cannot
be given.
The Department for Children and Families (DCF) indicates that SB 182 would have a
negligible fiscal effect on the Child Support Services (CSS) Program. The bill does not state who
is responsible for establishing the support. If the intent is that DCF CSS is responsible, training
The Honorable Kellie Warren, Chairperson
Page 2—SB 182

would occur to determine how to establish the support as it does not utilize the Kansas Child
Support Guidelines which CSS normally uses in cases. Also, child support orders do not require
persons to utilize CSS services. The responsibility to establish the order could be handled by
private counsel or, in counties where available, the District Court Trustee.
The Kansas Department of Revenue indicates the bill would have no fiscal effect on the
agency. Any fiscal effect associated with SB 182 is not reflected in The FY 2024 Governor’s
Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Kim Holter, Department for Children & Families
Vicki Jacobsen, Judiciary