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


February 27, 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 2378 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2378 is
respectfully submitted to your committee.
HB 2378 would prohibit landlords of subsidized apartments from restricting or prohibiting
the lawful ownership, use or possession of a firearm in rental agreements. The bill would allow a
landlord to impose reasonable restrictions related to the possession, use or transport of a firearm
within common areas. If a landlord violates the provisions of the bill, a tenant would be able to
recover actual damages and reasonable attorney fees from the landlord. In addition, the bill would
limit the civil liability imposed on a landlord who is in compliance with the provisions of the bill
to cases of “willful, reckless or gross negligence.”
The Office of the Attorney General indicates that enactment of HB 2378 could result in
litigation challenging the constitutionality of the bill. The agency states there could be a need to
retain outside counsel, depending on the workload of the agency’s civil litigation attorneys.
However, the fiscal effect cannot be estimated because the cost of hiring outside counsel would
depend on how many cases are filed, which outside counsel is selected and the duration of the
cases. Any fiscal effect associated with HB 2378 is not reflected in The FY 2020 Governor’s
Budget Report.

Sincerely,

Larry L. Campbell
Division of the Budget
cc: Willie Prescott, Office of the Attorney General


Statutes affected:
As introduced: 75-7c10