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 29, 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 2406 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2406 is
respectfully submitted to your committee.
Under the provisions of HB 2406, the court must issue an order requiring the defendant to
relinquish all firearms in the defendant’s custody, control, or possession, and any conceal carry
license issued to the defendant upon:
1. The court’s issuance of a qualifying protective order against the defendant; or
2. The conviction of the defendant for domestic battery, any misdemeanor for a domestic
violence offense, or certain felony offenses.
A defendant subject to a relinquishment order issued would be required to relinquish all
firearms in the defendant’s custody, control, or possession to the sheriff of the county in which the
court issuing the relinquishment order is located or to a licensed federal firearms dealer. The
defendant would also be required to relinquish any concealed carry license issued to the sheriff of
the county in which the court issuing the relinquishment order is located.
The bill describes the requirements for proof of relinquishment, length of relinquishment,
and return of firearms following the expiration of the relinquishment order. The bill specifies that
it would be a severity level eight, nonperson felony for a person to possess a firearm or concealed
carry license issued while there is a relinquishment order.
The Office of Judicial Administration states enactment of HB 2406 could have a significant
fiscal effect on the Judicial Branch, as it could result in more time spent by court employees and
judges processing and deciding these cases. According to the Office, a fiscal effect cannot be
estimated until the Judicial Branch has had an opportunity to operate under the bill’s provisions.
The Honorable John Barker, Chairperson
Page 2—HB 2406

The Kansas Sentencing Commission estimates enactment of the bill could have an effect
on prison admissions and beds; however, the Commission does not have enough information to
estimate an effect. Any fiscal effect associated with HB 2406 is not reflected in The FY 2020
Governor’s Budget Report.
The Kansas Association of Counties indicates enactment of the bill would have a fiscal
effect on Kansas counties; however, the Association does not have enough information to estimate
what that effect might be.


Sincerely,

Larry L. Campbell
Division of the Budget


cc: Janie Harris, Judiciary
Scott Schultz, Sentencing Commission
Linda Kelly, Corrections
Willie Prescott, Office of the Attorney General
Jay Hall, Association of Counties


Statutes affected:
As introduced: 22-3426, 60-3107, 60-31a06