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


January 21, 2020


The Honorable Fred Patton, Chairperson
House Committee on Judiciary
Statehouse, Room 519C-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2424 by Representative Benson
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2424 is
respectfully submitted to your committee.
HB 2424 would require each law enforcement agency to have written policies for
investigations of officer-involved deaths. The policies would require at least two investigators and
neither investigator could be employed by the law enforcement agency that employs the officer
involved in the death. If the officer-involved death is traffic related, then the policy would require
the use of a crash reconstruction unit from a law enforcement agency that does not employ the
officer involved in the death, except a state law enforcement agency may be allowed to use its own
crash reconstruction unit. Each policy may allow for an internal investigation if the internal
investigation does not interfere with the external investigation being conducted.
Compensation for the participating in an investigation would be consistent with mutual aid
agreements. The investigators conducting the investigation would be required to provide a
complete report to the county or district attorney in which the officer-involved death occurred. If
the county or district attorney determines there is no basis to prosecute the law enforcement officer,
then the investigator would release the report with redactions. The Open Records Act would not
prevent disclosure of any report required to be disclosed by this bill.
The Kansas Bureau of Investigation assumes that most law enforcement agencies would
refer the officer-involved death cases to their agency. The agency states that it would require an
additional 10.00 FTE at a cost of $1,482,677 from the State General Fund for FY 2021. Of this
amount, $857,947 would be for salary and wage expenditures and $624,730 would be for one-time
operating costs of vehicles and equipment. The agency indicates the number of additional cases
would be dependent upon the number of officer-involved deaths. However, the Division of the
Budget believes that this estimate may be high given the Kansas Bureau of Investigation currently
performs this duty within existing resources when asked by other law enforcement agencies.
The Honorable Fred Patton, Chairperson
Page 2—HB 2424

The Kansas Highway Patrol states that it currently has mutual aid agreements with other
law enforcement agencies in Kansas that would conduct investigations at little to no charge.
Therefore, the Kansas Highway Patrol would incur some expenses; however, the fiscal effect
cannot be estimated because the number of officer-involved deaths that may occur is unknown.
The Office of Attorney General states that it may have to provide additional Attorney
General opinions and could receive more inquiries or complaints based on public records disclosed
or not disclosed. However, the fiscal effect cannot be estimated because the number of additional
opinions, inquiries or complaints is unknown.
The League of Kansas Municipalities states that the enactment of the bill could increase
costs to local governments based on the need for increased personnel for mutual aid agreements
and for redaction costs. However, the fiscal effect cannot be estimated because the number of
officer-involved deaths that may occur is unknown.
The Kansas Association of Counties states that there could be additional costs to counties
to complete investigations and to provide reports. However, the fiscal effect cannot be estimated
because the number of officer-involved deaths that may occur is unknown. Any fiscal effect
associated with HB 2424 is not reflected in The FY 2021 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Sherry Macke, Highway Patrol
Paul Weisgerber, KBI
Willie Prescott, Office of the Attorney General
Kaitlyn Willis, League of Municipalities
Jay Hall, Association of Counties


Statutes affected:
As introduced: 45-215, 45-221