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 28, 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 2339 by Representative Ousley
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2339 is
respectfully submitted to your committee.
HB 2339 would enact the Kansas Voluntary Do-Not-Sell Firearms List Act that would be
established by the Kansas Bureau of Investigation (KBI). The KBI would adopt rules and
regulations and develop policies necessary to the implementation of the list. The KBI would not
disclose to the public information regarding a request to be placed onto or removed from the list
or other personally identifiable information, except to law enforcement. This provision would
expire on July 1, 2028. The bill would detail how a person can request placement on or removal
from the list, and how the KBI would handle each request. Criminal use of a weapon would include
purchasing a firearm by a person who has been placed on the Kansas Voluntary Do-Not-Sell
Firearms List.
The bill would make it unlawful for a person to (1) inquire if a person is on the list for any
purpose other than to determine a person’s eligibility to purchase a firearm, (2) knowingly give
false information or make a false statement with the intent of placing a person onto the list or
removing a person from the list, or (3) discriminate against a person with respect to healthcare
services, employment, education, housing, insurance, governmental benefits, or contracting
because the person is not on the list, is on the list, or has previously been on the list. Violations
would be a class B nonperson misdemeanor.
The KBI states that the only similar process they currently provide is the court ordered
involuntary commitments and this process takes approximately five minutes to process the order
in the KBI systems and to forward it to the National Instant Background Check System. The KBI
would use Microsoft Excel to maintain the list. The agency cannot estimate how many requests
would be received to add or remove individuals from the list and therefore a fiscal effect cannot
be estimated.
The Honorable Will Carpenter, Chairperson
Page 2—HB 2339

The Office of the Attorney General states that the bill would affect its Concealed Carry
Licensing Unit because it would increase the time required to do background investigations for
every initial application and renewal application because they would have to cross reference the
list maintained by KBI to ensure the applicant is allowed to purchase firearms. A person who is
not legally allowed to purchase a firearm is legally not allowed to be issued a concealed carry
license. The agency would require 1.00 Special Agent FTE position at a total cost of $110,728
from its Concealed Weapons Licensure Fund for FY 2024. Of that amount, $83,817 would be for
salaries and wages and $26,911 would be for operating expenditures.
The Office of Judicial Administration states that HB 2339 could increase the number of
cases filed in district court because the bill would create new crimes which could increase the time
spent by district court judicial and nonjudicial personnel for processing, researching, and hearing
cases. The Office states that there could be more supervision of offenders required to be performed
by the court services officers because the crimes created in the bill carry a misdemeanor penalty.
The bill could also increase the collection of docket fees, supervision fees, and fines assessed that
would be deposited into the State General Fund. However, a fiscal effect cannot be determined
because the number of cases cannot be estimated. The Kansas Highway Patrol does not anticipate
any fiscal effect from enactment of the bill. Any fiscal effect associated with HB 2339 is not
reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Paul Weisgerber, Kansas Bureau of Investigation
John Milburn, Office of the Attorney General
Vicki Jacobsen, Judiciary
Randy Bowman, Department of Corrections
Wendi Stark, League of Kansas Municipalities
Jay Hall, Kansas Association of Counties
Sherry Macke, Highway Patrol


Statutes affected:
As introduced: 21-6301