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 Mike Thompson, Chairperson
          Senate Committee on Federal and State Affairs
          300 SW 10th Avenue, Room 144-S
          Topeka, Kansas 66612
          Dear Senator Thompson:
                    SUBJECT:      Fiscal Note for SB 156 by Senate Committee on Federal and State Affairs
                  In accordance with KSA 75-3715a, the following fiscal note concerning SB 156 is
          respectfully submitted to your committee.
                  SB 156 would repeal the statute that prohibits a city or county from adopting any ordinance
          requiring fees, licenses, or permits for firearms or ammunition. The bill would repeal the statute
          that prohibits a municipality from being held liable for any wrongful act or omission related to the
          actions of a person carrying a firearm, including employees of a municipality. The bill would also
          repeal the statute that prohibits the use of tax proceeds for firearms buyback programs.
                  The Attorney General indicates it is likely that the constitutionality of the legislation would
          be challenged. The case would likely need to go through the appellate process to get a definitive
          ruling on the validity of the law. Depending on which court system the case was filed in, federal
          or state, an appellate decision could take two to four years. The Attorney General states that
          outside counsel might need to be hired by the state to defend a potential lawsuit, depending on the
          caseloads of in-house attorneys. If a challenge is successful, the state could be ordered to pay the
          plaintiff’s attorney fees and costs. However, a precise fiscal effect cannot be estimated. Any fiscal
          effect associated with SB 156 is not reflected in The FY 2024 Governor’s Budget Report.
                  The League of Kansas Municipalities indicates enactment of the bill could increase
          expenditures for cities that choose to implement ordinances that were previously prohibited by
          statute. However, fiscal effect cannot be estimated. The Kansas Association of Counties indicates
          enactment of the bill would not have a fiscal effect on counties.
                                                                 Sincerely,
                                                                 Adam Proffitt
                                                                 Director of the Budget
          cc: Jay Hall, Kansas Association of Counties
              Wendi Stark, League of Kansas Municipalities
              John Milburn, Office of the Attorney General
Statutes affected: As introduced: 12-16