SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 172
As Amended by House Committee of the Whole

Brief*
SB 172, as amended, would amend the Kansas Criminal
Code regarding crimes involving property by eliminating the
crime of tampering with a pipeline and establishing four new
crimes: trespassing on a critical infrastructure facility (CIF),
aggravated trespassing on a CIF, criminal damage to a CIF,
and aggravated criminal damage to a CIF. The bill would also
allow a judge to order restitution for property damage to any
victim of the four new crimes.
The bill would also make technical changes.

Right to Peacefully Protest
The bill would include a “whereas” clause stating its
provisions protect the right to peacefully protest for all
Kansans and citizens of the four sovereign nations within the
state’s borders while also protecting the critical infrastructure
located within the state.

Definition of Critical Infrastructure Facility
The bill would define a CIF, as used in the bill, as any:
● Petroleum or alumina refinery;
● Electric generation facility, substation, switching
station, electrical control center, electric distribution
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 or transmission lines, or associated equipment
infrastructure;
● Chemical, polymer, or rubber manufacturing
facility;
● Water supply diversion, production, treatment,
storage, or distribution facilities and
appurtenances, including, but not limited to,
underground pipelines and a wastewater treatment
plant or pump station;
● Natural gas compressor station;
● Liquid natural gas or propane terminal or storage
facility;
● Facility that is used for wireline, broadband, or
wireless telecommunications or video services
infrastructure, including backup power supplies and
cable television headend;
● Port, railroad switching yard, railroad tracks,
trucking terminal, or other freight transportation
facility;
● Gas processing plant, including a plant used in the
processing, treatment, or fractionation of natural
gas, propane, or natural gas liquids;
● Transmission facility used by a federally licensed
radio or television station;
● Steelmaking facility that uses an electric arc
furnace to make steel;
● Facility identified and regulated by the U.S.
Department of Homeland Security Chemical
Facility Anti-Terrorism Standards program, facility
operated by the Office of Laboratory Services
under the supervision of the Secretary of Health
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 and Environment, or the National Bio and Agro-
Defense Facility or Biosecurity Research Institute
at Kansas State University;
● Dam that is regulated as a hazard class B or class
C dam by the state or federal government;
● Natural gas distribution utility facility, or natural gas
transmission facility, including, but not limited to,
pipeline interconnections, a city gate or town
border station, metering station, belowground or
aboveground piping, a regular station, or a natural
gas storage facility;
● Crude oil, including Y-grade or natural gas liquids,
or refined products storage and distribution facility,
including, but not limited to, valve sites, pipeline
interconnections, pump station, metering station,
belowground or aboveground pipeline or piping,
and truck loading or offloading facility; or
● Portion of any belowground or aboveground oil,
gas, hazardous liquid, or chemical pipeline, tank,
railroad facility, or any other storage facility that is
enclosed by a fence or other physical barrier or is
clearly marked with signs prohibiting trespassing,
that are obviously designed to exclude intruders.
Crimes Related to Critical Infrastructure Facilities
The bill would eliminate the crime of tampering with a
pipeline and create four new crimes.
Trespassing on a Critical Infrastructure Facility
Under the bill, trespassing on a CIF would mean, without
consent of the owner or the owner’s agent, knowingly
entering or remaining in:

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 ● A CIF; or
● Any property containing a CIF, if such property is
completely enclosed by a fence or other physical
barrier that is obviously designed to exclude
intruders or is clearly marked with a sign or signs
that are posted on the property that are reasonably
likely to come to the attention of intruders and
indicate that entry is forbidden without site
authorization.
The bill would classify trespassing on a CIF as a class A
nonperson misdemeanor.
Aggravated Trespassing on a Critical Infrastructure Facility
Under the bill, aggravated trespassing on a CIF would
be, with the intent to damage, destroy, or tamper with a CIF
or impede or inhibit operations of the facility, knowingly
entering or remaining in:
● A CIF; or
● Any property containing a critical infrastructure
facility, if such property is completely enclosed by a
fence or other physical barrier that is obviously
designed to exclude intruders or is clearly marked
with a sign or signs that are posted on the property
that are reasonably likely to come to the attention
of intruders and indicate that entry is forbidden
without site authorization.
The bill would classify aggravated trespassing on a CIF
as a severity level 7 nonperson felony.
Criminal Damage to a Critical Infrastructure Facility
Under the bill, criminal damage to a CIF would be
knowingly damaging, destroying, or tampering with a CIF. The

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bill would classify criminal damage to a CIF as a severity level
6 nonperson felony.
Aggravated Criminal Damage to a Critical Infrastructure
Facility
Under the bill, aggravated criminal damage to a CIF
would be knowingly damaging, destroying, or tampering with
a CIF with the intent to impede or inhibit operations of the
facility. The bill would classify aggravated criminal damage to
a CIF as a severity level 5 nonperson felony.

Damages
The bill would declare nothing in the bill would prevent
an owner or operator of a CIF that has been damaged from
pursuing any other remedy in law or equity and a person who
commits these crimes may also be prosecuted for, convicted
of, and punished for any other offense regarding crimes
involving property (current law) or criminal trespass on a
nuclear generating facility (current law).
The bill would allow a judge to order restitution for
damages associated with these crimes.

Background
The bill was introduced by the Senate Committee on
Utilities at the request of the American Fuel and
Petrochemicals Manufacturers (AFPM).

Senate Committee on Utilities
In the Senate Committee hearing, representatives from
the AFPM, American Petroleum Institute, WaterOne, and the
Wichita Regional Chamber of Commerce provided
proponent testimony. The proponents generally stated the

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bill would create a legal framework protecting CIFs. They
stated CIFs represent a sensitive target for crime due to their
importance in everyday life.
Written-only proponent testimony was provided by
representatives of Evergy, Fuel True, ITC Great Plains,
Kansas Electric Cooperatives, Kansas Electric Power
Cooperatives, Kansas Municipal Utilities, Midwest Energy,
Renew Kansas Biofuels Association, and Sunflower Electric
Power Corporation.
Neutral testimony was provided by representatives of
the Kansas Association of Criminal Defense Lawyers and the
Kansas Corporation Commission (KCC). Neutral conferees
stated clarification was needed on certain aspects of the bill
regarding the definitions section and ensuring only those
convicted of crimes were responsible for restitution.
Written-only neutral testimony was provided by a private
citizen.
Opponent testimony was provided by representatives of
Kansas Interfaith Action and the Sierra Club, and a private
citizen. Opponents stated the actions the bill would
criminalize are already crimes regarding property and the
creation of these crimes could have adverse action against
free speech.
The Senate Committee adopted amendments to:
● Update the definition of a CIF regarding a facility
that is used for wireline, broadband, or wireless
telecommunications infrastructure, including
backup power supplies by adding “and cable
television headend”;
● Modify the definition of a CIF regarding water
intake structure, water treatment facility,
wastewater treatment plant, or pump station by
removing “water intake structure, water treatment
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 facility” and adding “water diversion, production,
treatment, storage and distribution facilities and
appurtenances, including, but not limited to,
underground pipelines” (Requested by WaterOne);
● Clarify that nothing in the bill would prevent an
owner or operator of a CIF that has been damaged
from pursuing any other remedy in law or equity;
and
● Remove portions of the bill relating to restitution
and insert the crimes created in the bill to current
restitution statutes and clarify only those convicted
of a crime may be ordered by a judge to pay
restitution (requested by the Kansas Association of
Criminal Defense Lawyers).
House Committee on Judiciary
In the House Committee hearing on March 17, 2021,
representatives of AFPM and ONEOK testified as
proponents of the bill. Written-only proponent testimony was
provided by representatives of the American Petroleum
Institute, AT&T Kansas, Renew Kansas Biofuels Association,
WaterOne, and the Wichita Regional Chamber of Commerce.
A representative of Evergy, Kansas Electric Cooperatives,
Kansas Electric Power Cooperative, Kansas Municipal
Utilities, ITC Great Plains, Midwest Energy, and Sunflower
Electric Power Corporation also provided written-only
proponent testimony.
Written-only neutral testimony was provided by a
representative of the KCC.
Representatives of the Kansas Interfaith Coalition,
Kansas Sierra Club, Loud Light Civic Action, and Sisters of
Charity of Leavenworth and three citizens testified as
opponents of the bill. Written-only opponent testimony was
provided by Representative Haswood, Representative

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Victors, a representative of the Climate + Energy Project, and
two private citizens. No other testimony was provided.
On March 23, 2021, the House Committee amended the
bill to remove vandalizing and defacing from the list of
conduct that would constitute a crime under the bill, to modify
the definition of CIF, and to remove a reference to the new
crimes created by the bill from the definition of “racketeering
activity” found in the Kansas Racketeer Influenced and
Corrupt Organizations Act.

House Committee of the Whole
On March 29, 2021, the House Committee of the Whole
amended the bill to add a “whereas” clause regarding the
right to peacefully protest.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Office of Judicial
Administration (OJA) states the bill could increase the
number of cases filed in district court because it would create
new crimes, which could result in more time spent by court
employees and judges processing and hearing cases. In
addition, the OJA states because of the new crimes
established in the bill, there could be additional supervision of
offenders required to be performed by court service officers.
The OJA stated a fiscal effect cannot be estimated. The OJA
estimates enactment of the bill could result in the collection of
docket and supervision fees and fines assessed in cases filed
under the bill’s provisions.
The Kansas Sentencing Commission (KSC) states the
bill could have an effect on prison admissions and beds. The
KSC does not have enough information to determine what
that effect would be, but any effect would be negligible. The
Department of Corrections states the bill would have a

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negligible fiscal effect on agency operations. Any fiscal effect
associated with the bill is not reflected in The FY 2022
Governor’s Budget Report. Both the League of Kansas
Municipalities and the Kansas Association of Counties state
any fiscal effect resulting from the bill would be negligible to
local governments.
Critical infrastructure facility; utilities; crimes


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Statutes affected:
As introduced: 21-6328, 21-5818
As Amended by Senate Committee: 21-5818, 21-6328, 21-6604
As Amended by House Committee: 21-5818, 21-6328, 21-6604
{As Amended by House Committee of the Whole}: 21-5818, 21-6328, 21-6604
Enrolled: 21-5818, 21-6328, 21-6604