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


March 1, 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 2431 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2431 is
respectfully submitted to your committee.
HB 2431 would allow alcohol to be consumed on public property on the waters of Perry
Reservoir. The term “drinking establishment” would include a vessel. The bill would allow a
vessel that operates on the waters of Perry Reservoir to be licensed as a club or drinking
establishment, notwithstanding laws, rules, or regulations adopted by the Secretary of Wildlife and
Parks or any other zoning regulation, ordinance, or resolution by a city, township, or county.
The Department of Wildlife and Parks states that Perry Reservoir is on federal land and
that no individual or entity can sell goods or products to the public without first having a
concession approved by the United States Secretary of the Army. Therefore, the bill would not
have a fiscal effect on the Department. If a concession were approved by the Secretary of the
Army, then there would be an increased need for law enforcement patrols. However, the increase
in expenditures cannot be estimated at this time.
The Department of Revenue states that it would have to revise its club and drinking
establishment handbook, but that any additional expenditures could be absorbed within its existing
budget. Any fiscal effect associated with HB 2431 is not reflected in The FY 2024 Governor’s
Budget Report.
The Honorable Will Carpenter, Chairperson
Page 2—HB 2431

The Kansas Association of Counites states that the bill could have a fiscal effect on counties
since the bill circumvents county zoning regulations. However, a fiscal effect cannot be estimated.
The League of Kansas Municipalities states that the bill would have an effect on cities if a vessel
were licensed in a city and if the vessel collects sales taxes. However, a fiscal effect on cites
cannot be estimated.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Terry Bruce, Department of Wildlife & Parks
Wendi Stark, League of Kansas Municipalities
Jay Hall, Kansas Association of Counties


Statutes affected:
As introduced: 41-719, 41-2608, 41-2659, 41-2601, 41-2612, 41-2702