Bill Summary – FastDemocracy

Division of the Budget
Landon State Office Building                                                                           Phone: (785) 296-2436
900 SW Jackson Street, Room 504                                                                        larry.campbell@ks.gov
Topeka, KS 66612                                Division of the Budget                                http://budget.kansas.gov
Larry L. Campbell, Director                                                                          Laura Kelly, Governor


                                                    March 4, 2019


         The Honorable John Barker, Chairperson
         House Committee on Federal and State Affairs
         Statehouse, Room 285-N
         Topeka, Kansas 66612
         Dear Representative Barker:
                   SUBJECT:       Fiscal Note for HB 2111 by House Committee on Federal and State Affairs
                 In accordance with KSA 75-3715a, the following fiscal note concerning HB 2111 is
         respectfully submitted to your committee.
                 HB 2111 would require sellers of firearms, other than a properly licensed federal firearms
         dealer, to conduct a background check for sales of firearms to individuals other than federal
         firearms licensees that occur at gun shows or over the internet. Failure to comply with this new
         requirement would be a class A misdemeanor. No later than one day after the conviction of a
         person for a violation, the court would be required to notify the Kansas Bureau of Investigation
         (KBI).
                 According to the Office of the Attorney General, the enactment of HB 2111 could increase
         expenditures from the Tort Claims Fund, if the constitutionality of the bill was challenged in court.
         Depending on the agency’s workload, the office may need to retain outside counsel for these
         additional cases. In addition, the agency may also be asked to prosecute cases by county or district
         attorneys. The direct cost of these cases would be borne by the county requesting assistance. The
         agency notes that if it experiences a significant increase in requests, then it may require the hiring
         of additional prosecutors to handle the cases. The cost for these additional prosecutors would be
         incurred by the Office of the Attorney General. However, the overall fiscal effect cannot be
         estimated.
                  The Office of Judicial Administration indicates the bill could increase the number of cases
         filed in district courts, as it would create a new crime. This would increase the time spent by
         district court judicial and nonjudicial personnel in processing, researching, and hearing cases. The
         agency notes that since the new crime would be a misdemeanor, additional staff time would be
         required to supervise offenders by its court service officers. In addition, because the bill would
The Honorable John Barker, Chairperson
Page 2—HB 2111

require the court to report all convictions to the KBI no later than one day after a conviction,
additional workloads would be experienced by the district court clerks. However, the fiscal effect
on the courts cannot be estimated.
       The KBI indicates the enactment of the bill would have no fiscal effect as it would not
require any significant changes to its current system or agency processes. Any fiscal effect
associated with HB 2111 is not reflected in The FY 2020 Governor’s Budget Report.


                                                      Sincerely,

                                                      Larry L. Campbell
                                                      Division of the Budget


cc: Janie Harris, Judiciary
    Paul Weisgerber, KBI
    Willie Prescott, Office of the Attorney General
    Chardae Caine, League of Municipalities
    Jay Hall, Association of Counties