Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


February 16, 2021


The Honorable John Barker, Chairperson
House Committee on Federal and State Affairs
Statehouse, Room 285A-N
Topeka, Kansas 66612
Dear Representative Barker:
SUBJECT: Fiscal Note for HB 2222 by Representative Ousley
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2222 is
respectfully submitted to your committee.
HB 2222 would create the Kansas Voluntary Do-Not-Sell Firearms List Act that would be
established by the Kansas Bureau of Investigation (KBI). The KBI would adopt rules and
regulations and develop policies necessary to the implementation of the list. The KBI would not
disclose to the public information regarding a request to be placed onto or removed from the list
or other personally identifiable information, except to law enforcement. This provision would
expire on July 1, 2026. The bill would detail how a person can request placement or removal and
how the KBI would handle each request. Criminal use of a weapon would include purchasing a
firearm by a person who has been placed on the Kansas Voluntary Do-Not-Sell Firearms List.
The bill would make it unlawful for a person to (1) inquire if a person is on the list for any
other purpose other than to determine a person’s eligibility to purchase a firearm, (2) knowingly
give false information or make a false statement with the intent of placing a person onto the list or
removing a person from the list, or (3) discriminate against a person with respect to healthcare
services, employment, education, housing, insurance, governmental benefits, or contracting
because the person is not on the list, is on the list, or has previously been on the list. Violations
would be a class B nonperson misdemeanor.
The KBI states that the only similar process they currently provide is the court ordered
involuntary commitments and this process takes approximately five minutes to process the order
in the KBI systems and to forward it to the National Instant Background Check System. The KBI
would use Microsoft Excel to maintain the list. The agency cannot estimate how many requests
The Honorable John Barker, Chairperson
Page 2—HB 2222

would be received to add or remove individuals from the list and therefore a fiscal effect cannot
be estimated.
The Office of Judicial Administration states that HB 2222 could increase the number of
cases filed in district court and could increase the time spent by district court judicial and
nonjudicial personnel for processing, researching, and hearing cases. The Office states that there
could be more supervision of offenders required to be performed by the court services officers
because the crimes created in the bill carry a misdemeanor penalty. The bill could also increase
the collection of docket fees, supervision fees, and fines assessed. However, a fiscal effect cannot
be determined because the number of cases cannot be estimated. The Kansas Highway Patrol does
not anticipate any fiscal effect from enactment of the bill. Any fiscal effect associated with HB
2222 is not reflected in The FY 2022 Governor’s Budget Report.
The Kansas Association of Counties indicates that there could be some compliance costs
associated with the administration of the program; however, a fiscal effect cannot be determined.
The League of Kansas Municipalities states that the bill would not have a fiscal effect.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Wendi Stark, League of Municipalities
Jay Hall, Association of Counties
Debbie Thomas, Judiciary
Paul Weisgerber, KBI
Randy Bowman, Corrections
Sherry Macke, Highway Patrol


Statutes affected:
As introduced: 21-6301