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 C. Proffitt, Director Laura Kelly, Governor


February 6, 2024


The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 413 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 413 is
respectfully submitted to your committee.
SB 413 would establish penalties for unlawful distribution or possession with the intent to
distribute by weight or dosage unit any material containing any quantity of a fentanyl-related
controlled substance. The bill would specify the following penalties for the unlawful distribution
or possession with the intent to distribute by weight any material containing any quantity of a
fentanyl-related controlled substance:
Material Quantity Penalty
Less than 1 gram Drug severity level 4 felony
At least 1 gram but less than 3.5 grams Drug severity level 3 felony
At least 3.5 grams but less than 100 grams Drug severity level 2 felony
100 grams or more Drug severity level 1 felony
The bill would specify the following penalties for the unlawful distribution or possession
with the intent to distribute by dosage unit any material containing any fentanyl-related controlled
substance:
Material Quantity Penalty
Fewer than 10 doses Drug severity level 4 felony
At least 10 doses but fewer than 50 doses Drug severity level 3 felony
At least 50 doses but fewer than 250 doses Drug severity level 2 felony
250 doses or more Drug severity level 1 felony
The Honorable Kellie Warren, Chairperson
Page 2—SB 413


Current law defines a dosage unit as a pill, capsule, or microdot that is not distributed by
weight. Under the provisions of the bill, the possession of at least three and a half grams or 50
doses of material containing any fentanyl-related controlled substance would be construed as
possession with the intent to distribute. The bill would also expand the definition of possession
with the intent to distribute to include material containing any quantity of marijuana,
methamphetamine, heroin, fentanyl, or any other controlled substance.
The Board of Indigents Defense services indicates that the bill would increase agency
expenditures on legal counsel and support staff by an unknown amount. The Board estimates that
drug severity level 2, 3, or 4 felony cases require 57 hours of direct work by an attorney to provide
constitutionally adequate representation. Based upon the rates of $83.36 per hour for public
defenders and $120 per hour for assigned counsel, each new drug severity level 2, 3, or 4 felony
case brought to the agency would result in State General Fund expenditures of $4,752 to $6,840.
The Board indicates that a drug severity level 1 felony case requires 99 hours of defense attorney
work. Therefore, each new drug severity level 1 felony case brought to the agency would result
in State General Fund expenditures of $8,253 to $11,880. The Board indicates that it may require
1.00 new FTE attorney position and possibly additional support staff depending on the amount of
work required by the bill.
The Sentencing Commission estimates that the bill would result in an increase of four adult
prison beds needed by the end of FY 2025. By the end of FY 2034, 14 additional beds would be
needed. The current estimated available bed capacity is 9,668 for males and 932 for females.
Based upon the Commission’s most recent ten-year projection contained in its FY 2024 Adult
Inmate Prison Population Projections report, it is estimated that the year-end population will total
8,556 male and 828 female inmates in FY 2024 and 8,847 male and 870 female inmates in FY
2025. The Department of Corrections indicates that the bill would result in State General Fund
expenditures of $15,306 in FY 2025 and $31,224 in FY 2026 due to additional prison admissions.
The Judiciary indicates that the bill has the potential to increase the number of cases filed
in district courts. This may increase agency operating expenditures due to the additional time spent
by district court judicial and nonjudicial personnel in processing, researching, and hearing cases.
However, the Judiciary is unable to calculate an exact estimate of this effect. The bill has the
potential to increase the collections of docket fees that are deposited in the State General Fund;
however, the amount of additional docket fee collections is unknown.
The Board of Pharmacy and the Kansas Bureau of Investigation indicate that the bill would
have no fiscal effect on agency operations. Any fiscal effect associated with SB 413 is not reflected
in The FY 2025 Governor’s Budget Report.
The Honorable Kellie Warren, Chairperson
Page 3—SB 413

The Kansas Association of Counties indicates that the bill may increase operating
expenditures for county law enforcement and courts. The League of Kansas Municipalities
indicates that the bill would have no fiscal effect on cities.

Sincerely,

Adam C. Proffitt
Director of the Budget


cc: Trisha Morrow, Judiciary
Jennifer King, Department of Corrections
Alexandra Blasi, Board of Pharmacy
Wendi Stark, League of Kansas Municipalities
Jay Hall, Kansas Association of Counties
Paul Weisgerber, Kansas Bureau of Investigation
Scott Schultz, Kansas Sentencing Commission
Heather Cessna, Board of Indigents Defense Services


Statutes affected:
As introduced: 21-5705