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 http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor
Division of the Budget
February 16, 2025
The Honorable Susan Humphries, Chairperson
House Committee on Judiciary
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Humphries:
SUBJECT: Fiscal Note for HB 2306 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2306 is
respectfully submitted to your committee.
HB 2306 would require the court to order child support for any child of a victim killed by
a person who is convicted of involuntary manslaughter while driving under the influence. If the
defendant was convicted, the court would be required to order the defendant to pay restitution in
the form of “reasonable and necessary support” for each minor of the victim until the minor
reached 18 years of age and graduated from high school, or the class of which the minor child was
a member when the child reached 18 graduated from high school. The bill would include various
factors that the court would be required to consider when setting the amount of support. Such
support would be paid to the surviving parent or guardian of the child and could be enforced as a
judgment of restitution.
If the defendant was incarcerated and unable to pay, then the defendant would have up to
one year after being released from custody to begin payment and to create a payment plan to
address arrearage. Payments would be required to continue until the entire arrearage was paid in
full. If the surviving parent or guardian brought a separate civil suit against the defendant and
obtained a judgment against the defendant before the court ordered restitution, then the court could
not order restitution. If the court ordered restitution and the surviving parent or guardian brought
a separate civil case and obtained judgment, then the amount of restitution would be offset by the
amount of the civil judgement.
According to the Department for Children and Families, enactment of HB 2306 would not
have a fiscal effect on the agency. According to the Kansas Drive to Zero Coalition, in 2023 there The Honorable Susan Humphries, Chairperson
Page 2—HB 2306
were 81 Driving Under the Influence (DUI) related accidents resulting in 93 fatalities. However,
there are no known statistics about how many victims were parents, how many of these accidents
resulted in death of a parent, nor how many children were impacted in these incidents. The bill
does not specify who would be responsible for establishing the support and would pose the amount
in the form of restitution in a criminal matter. This service is outside the scope of what Title IV-
D of the Social Security Act authorizes Child Support Services to provide. Restitution would
generally be enforced by local courts.
The Office of Judicial Administration indicates that enactment of HB 2306 would have a
negligible fiscal effect on expenditures of the Judicial Branch. While the bill’s provisions include
various factors that the court must consider when determining the amount of child support in these
cases, this is not anticipated to be significant. The bill would not have a fiscal effect on revenues
to the Judicial Branch or State General Fund. Any fiscal effect associated with HB 2306 is not
reflected in The FY 2026 Governor’s Budget Report.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Trisha Morrow, Judiciary
Kim Holter, Department for Children & Families