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 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 2425 by Representative Houser
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2425 is
respectfully submitted to your committee.
HB 2425 would enact the Kansas Anti-Red Flag Act. The bill would address extreme risk
protection orders, including all orders issued by federal or state courts. Any city, county or other
political subdivision of Kansas would be prohibited from enacting or from assisting in enforcement
of an ordinance, resolution, or regulation that provides for extreme risk protection orders.
Any attempt to adopt an extreme risk protection order against a Kansas resident would be
void and deemed an infringement of the resident’s constitutional rights. A state agency, city,
county, or political subdivision in Kansas would be prohibited from accepting monies to
implement any action that would effectively enforce an extreme risk protection order.
The bill defines an “extreme risk protection order” as an order or warrant issued by a federal
or state court for the primary purpose of reducing the risk of firearm-related death or injury by one
or more of the following: prohibiting a named individual from owning, possessing, receiving, or
otherwise having control or custody of a firearm or having a firearm removed or requiring the
surrender of firearms from a named individual.
The bill would create a new severity level nine, person felony for any individual, including
law enforcement officers, attempting to enforce an extreme risk protection order on a Kansas
resident.
The Honorable John Barker, Chairperson
Page 2—HB 2425
The Office of Judicial Administration states enactment of HB 2425 could increase the
number of cases filed in district court because it creates a new crime, which 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 Office of the Attorney General states the agency would be responsible for defending
a lawsuit filed against the State of Kansas and there could be agency costs because of requests for
formal legal opinions. However, the agency is unable to estimate a fiscal effect.
The Kansas Sentencing Commission indicates enactment of HB 2425 could result in
additional prison beds; however, the Commission does not have enough information to estimate
an effect.
The League of Kansas Municipalities estimates there could be a fiscal effect on Kansas
cities resulting from the enactment of the bill; however, the League does not have enough
information to estimate what the fiscal effect might be. The Kansas Association of Counties cannot
determine what, if any fiscal effect, enactment of the bill would have on Kansas counties. Any
fiscal effect associated with HB 2425 is not reflected in The FY 2021 Governor’s Budget Report.
Sincerely,
Larry L. Campbell
Division of the Budget
cc: Mary Rinehart, Judiciary
Scott Schultz, Sentencing Commission
Randy Bowman, Corrections
Willie Prescott, Office of the Attorney General
Kaitlyn Willis, League of Municipalities
Jay Hall, Association of Counties