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 6, 2023


The Honorable Will Carpenter, Chairperson
House Committee on Federal and State Affairs
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Representative Carpenter:
SUBJECT: Fiscal Note for HB 2405 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2405 is
respectfully submitted to your committee.
HB 2405 would establish the Kansas Legal Tender Act that would allow specie to be used
as legal tender in Kansas. Specie is defined as coins having gold and silver content or certain gold
and silver bullion that is coined, stamped, or imprinted with its weight and purity. Specie legal
tender in Kansas would consist of specie coins issued by the federal government or any other
specie designated as legal tender by a court order. The bill does not allow specie or legal tender
to be characterized as personal property for taxation or regulatory purposes. The exchange of one
type or form of legal tender for another type or form of legal tender would not be a taxable event.
The bill would not allow someone to compel another person to accept gold and silver coins in
payment. The Attorney General would be required to enforce the Act without prejudice to any
private right of action and the Kansas courts would require specific performance as a remedy for
breach of any contract designating a type or form of specie as tender.
Calculations for Kansas income taxes are based on the Kansas adjusted gross income,
which is calculated by adding or subtracting certain types of income from the amount of federal
adjusted gross income. The bill would allow a subtraction modification for any capital gain from
the sale of specie. The subtraction modification would be available to taxpayers beginning in tax
year 2023.
The Department of Revenue indicates HB 2405 would decrease State General Fund
revenues by unknown amounts beginning in FY 2024. The Department of Revenue does not have
data to make a precise estimate of the subtraction modification for any capital gains from the sale
of specie. The Department indicates the bill would have no fiscal effect on its operations.
The Honorable Will Carpenter, Chairperson
Page 2—HB 2405

The Attorney General’s Office indicates that the bill gives it the authority to enforce the
Act, but it is unclear what type of enforcement action would be needed. Therefore, the Office is
unable to provide an estimate of the potential fiscal effect of this provision. The Office of Judicial
Administration indicates the bill is not expected to have a significant fiscal effect on expenditures
for the Judicial Branch. Any fiscal effect associated with HB 2405 is not reflected in The FY 2024
Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Lynn Robinson, Department of Revenue
John Milburn, Office of the Attorney General
Vicki Jacobsen, Judiciary


Statutes affected:
As introduced: 79-32