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


March 8, 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 522 by Senate Committee on Assessment and Taxation
In accordance with KSA 75-3715a, the following fiscal note concerning SB 522 is
respectfully submitted to your committee.
SB 522 would create the crime of unlawful entry into the State of Kansas. The bill would
require notification of federal immigration authorities upon arrest for the offense. The bill would
define unlawful entry into the state as being physically present within the boundaries of Kansas
while not a citizen or national of the United States. Unlawful entry would be a class A, nonperson
misdemeanor for a first defense and a severity level 10, nonperson felony for a second or
subsequent conviction. The bill outlines what would be considered affirmative defenses to the
crime. The bill would require the court to issue an order, upon arrest for a violation, directing the
prosecutor to notify U.S. Immigration and Customs Enforcement of the Department of Homeland
Security and request the person’s immigration status. The bill would provide immunity from
liability for enforcement efforts under state law for any city or county official, contractor, or
employee. The bill would also provide indemnification for enforcement efforts, which arise under
federal law, for any city or county official, contractor, or employee, as well as indemnification for
attorney fees and court costs. Any state officer, employee, or contractor who is entitled to
indemnification would also be entitled to representation by the Attorney General. The bill would
allow for appeals to the Kansas Supreme Court as a matter of right from any final enforcement
action or order.
The Office of Judicial Administration indicates enactment of the bill could increase the
number of cases filed in district courts because it creates a new crime and allows appeals to the
Kansas Supreme Court. This would increase the time spent by district court and Supreme Court
judicial and nonjudicial personnel in processing, researching, and hearing cases. Since the crime
The Honorable Kellie Warren, Chairperson
Page 2—SB 522

carries lower-level penalties, there could also be more supervision of offenders required to be
performed by court services officers. According to the Office, until the courts have had an
opportunity to operate under the provisions of the bill, an accurate estimate of the fiscal effect on
expenditures by the Judicial Branch cannot be given.
The Sentencing Commission indicates enactment of the bill would increase the number of
prison beds needed, but the effect would be minimal.
The Office of the Attorney General states that enactment of the bill would increase
expenditures to the agency to represent state officers, employees, or contractors entitled to
indemnification. The Office also indicates the bill would have a higher-than-normal likelihood of
being challenged in court, if enacted, which would increase the costs of defending the state.
However, a precise fiscal effect on the agency cannot be estimated. Any fiscal effect associated
with SB 522 is not reflected in The FY 2025 Governor’s Budget Report.
The Kansas Association of Counties states that the bill could increase liability for
indemnification for counties, which could increase expenditures. The Association states that the
liability limits outlined in the bill could create significant expenditures for counties if multiple
incidents occur.
The League of Kansas Municipalities states that enactment of the bill could increase
expenditures to cities to implement and enforce the provisions of the bill as well as for legal
defense in cases arising from the bill.


Sincerely,

Adam C. Proffitt
Director of the Budget


cc: Trisha Morrow, Judiciary
Jay Hall, Kansas Association of Counties
Wendi Stark, League of Kansas Municipalities


Statutes affected:
As introduced: 60-2102