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 26, 2025 The Honorable Tom Kessler, Chairperson House Committee on Federal and State Affairs 300 SW 10th Avenue, Room 346-S Topeka, Kansas 66612 Dear Representative Kessler: SUBJECT: Fiscal Note for HB 2373 by House Committee on Federal and State Affairs In accordance with KSA 75-3715a, the following fiscal note concerning HB 2373 is respectfully submitted to your committee. HB 2373 would prohibit unauthorized immigrants from receiving state or local public benefits in Kansas, with some federal exceptions. Anyone over 18 applying for public benefits would be required to prove they are either a U.S. citizen, permanent resident, or lawfully present alien. State and local agencies would be required to verify an applicant’s immigration status through the federal Systematic Alien Verification for Entitlements Program. The bill includes reduced college tuition rates as a public benefit that unauthorized immigrants could not receive, while excluding driver’s licenses and identification cards from the definition of public benefits. The bill would modify pretrial release procedures. The court would verify the immigration status of non-citizens with the federal government if they were charged with a crime. The bill would create a rebuttable presumption that unauthorized immigrants are flight risks when considering bail. The bill would include standard provisions about severability (if any part is found unconstitutional, the rest would remain valid). The Office of Judicial Administration indicates that enactment of HB 2373 could have a fiscal effect on expenditures of the Judicial Branch. The bill would require that courts verify immigration status with homeland security when determining and setting a bond. Nevertheless, until the courts have had an opportunity to operate under the provisions of HB 2373, an accurate estimate of the fiscal effect on expenditures by the Judicial Branch cannot be given. The bill would not have a fiscal effect on revenues to the Judicial Branch or State General Fund. The Honorable Tom Kessler, Chairperson Page 2—HB 2373 According to the Kansas Department of Labor and the Kansas Department of Health and Environment, enactment of HB 2373 would have no fiscal effect on either agency. The Department for Children and Families indicates that enactment of HB 2373 would have a negligible fiscal effect on the agency. The Kansas Department for Aging and Disability Services (KDADS), indicates that enactment of HB 2373 would not directly affect KDADS. The Medicaid members receiving services under the agency’s oversight go through the Medicaid eligibility determination process which KDHE administers. Beneficiaries of other services funded by KDADS would process through providers or community partners such as Area Agencies on Aging, Aging & Disability Resource Centers, Community Mental Health Centers, and Community Developmental Disability Organizations. The Board of Regents indicates that enactment of HB 2373 would have no fiscal effect on the Board. Any fiscal effect associated with HB 2373 is not reflected in The FY 2026 Governor’s Budget Report. According to the Kansas Association of Counties, these individuals do not receive any public assistance now, therefore enactment of HB 2373 would not have any fiscal effect on the counties. The League of Kansas Municipalities indicates that enactment of HB 2273 would have a negligible fiscal effect on municipalities. Sincerely, Adam C. Proffitt Director of the Budget cc: Wendi Stark, League of Kansas Municipalities Jay Hall, Kansas Association of Counties Trisha Morrow, Judiciary Amy Penrod, Department of Health & Environment Dawn Palmberg, Department of Labor Leigh Keck, Department for Aging & Disability Services Kim Holter, Department for Children & Families