SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2025
As Further Amended by House Committee on
Federal and State Affairs

Brief*
HB 2025, as amended, would create law concerning the
authority of Kansas Department of Wildlife, Parks and
Tourism (KDWPT) to conduct surveillance on private property.
The bill would prohibit KDWPT employees who are
authorized to enforce the laws of the State from conducting
surveillance on private property unless authorized pursuant to
a search warrant under continuing law, the U.S. Constitution,
or an exception listed by the bill.

Exceptions
The bill would list the following exceptions to the search
warrant requirement: [Note: The following terms are legal
terms defined in case law.]
● Exigent circumstances;
● Consent searches; or
● The Plain View Doctrine.
Definitions
The bill would define the following terms:

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● “Surveillance” means either physical or electronic
presence on private property, including the use or
installation of a tracking device, to monitor activity
or collect information related to the enforcement of
the laws of the State, including the use or
installation of a tracking device; and
● “Tracking device” has the same definition as
continuing law, which defines the term to mean an
electronic or mechanical device that permits a
person to remotely determine or track the position
or movement of a person or object; it includes, but
is not limited to, a device that stores geographic
data for subsequent access or analysis and that
allows for real-time monitoring of movement.
Background
The bill was prefiled for introduction on December 31,
2020, by Representative Corbet.

House Committee on Federal and State Affairs
In the House Committee hearing on February 4, 2021,
Representative Corbet, Senator Tyson, and a representative
of the Kansas Justice Institute testified as proponents of the
bill, stating the bill would help protect property owners’ rights.
Written-only proponent testimony was submitted by Douglas
County Public Works, American Civil Liberties Union of
Kansas, and Kansas Farm Bureau.
Representatives of the Douglas County Public Works,
Kansas Association of Chiefs of Police, KDWPT, Kansas
Peace Officers’ Association, Kansas Sheriffs Association, and
League of Kansas Municipalities presented opponent
testimony, stating their concern with the effect the bill would
have on enforcement investigations and county weed
operations.

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 Written-only opponent testimony was submitted by
representatives of the Kansas Bureau of Investigation,
Kansas State Lodge Fraternal Order of Police, and the
Lenexa Police Department.
Representatives of the Kansas Association of Counties
and Kansas Livestock Association submitted neutral
testimony. The representative of the Kansas Association of
Counties proposed an amendment to remove county weed
supervisors from the bill. Written-only neutral testimony was
submitted by the Kansas Department of Agriculture.
On February 26, 2021, the House Committee amended
the bill to remove the county weed supervisor and clarify
exceptions to the warrant requirement.
House Committee of the Whole
On March 15, 2021, the bill was withdrawn from the
Calendar and re-referred to the House Committee on Federal
and State Affairs.
House Committee on Federal and State Affairs
On March 24, 2021, the House Committee further
amended the bill by removing provisions related to
surveillance by law enforcement agencies other than KDWPT.
Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill as introduced, KDWPT, Kansas Highway
Patrol, and the League of Kansas Municipalities state
enactment of the bill would have no fiscal effect. The Kansas
Association of Counties states it does not know whether
surveillance on private property is a widespread issue and
therefore the fiscal effect is unknown.
Privacy rights; access and surveillance by KDWPT officials; real property

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