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


March 11, 2021


The Honorable Larry Alley, Chairperson
Senate Committee on Federal and State Affairs
Statehouse, Room 136-E
Topeka, Kansas 66612
Dear Senator Alley:
SUBJECT: Fiscal Note for SB 197 by Senate Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning SB 197 is
respectfully submitted to your committee.
SB 197 would define “profiling on the basis of ethnicity” and “routine investigatory
activities” and would redefine “racial profiling or other biased policies.” The bill would eliminate
the requirement for a person who has filed a complaint with a law enforcement agency or the
Office of the Attorney General to wait for the complaint to be resolved in their favor before filing
a civil suit. If successful, the bill would allow the party to recover damages, attorneys’ fees, and
court costs.
Effective July 1, 2021, the bill would require data collected on each citation issued by law
enforcement to be sent to the Kansas Bureau of Investigation within 15 days on a form created and
approved by the Office of the Attorney General. The bill would exclude the collection of
information in connection with roadblocks, vehicle checks, or checkpoints unless such stops result
in a warning, search, seizure, or arrest. The Office would be required to analyze the data every
three months and post the results on the agency’s website. If the Office detects a pattern, it would
be required to contact the agency exhibiting the pattern within two weeks of detection. The Office
would also produce and distribute an annual report to the Legislature, the Governor, and Kansas
law enforcement agencies and post the report on its website. The bill would require any law
enforcement officer to provide, without being asked, a business card to any person the officer has
detained in a traffic or pedestrian stop.
Estimated State Fiscal Effect
FY 2021 FY 2021 FY 2022 FY 2022
SGF All Funds SGF All Funds
Revenue -- -- -- --
Expenditure -- -- -- $479,677
FTE Pos. -- -- -- 5.00
The Honorable Larry Alley, Chairperson
Page 2—SB 197

The Kansas Bureau of Investigation (KBI) indicates that enactment of the bill would
require changes to its electronic citation (eCitation) repository. The agency states that eCitation
went live in April 2019 and was intended as a voluntary repository to be used as an investigative
tool. This system has seven of the data elements required by the bill as optional fields, which
would need to be changed to mandatory fields. Eight data elements are not included in the
repository and would need to be added and made mandatory in the repository, the electronic form,
and the instructions for agencies to connect electronically. The agency further states that the
reporting requirements of the bill also do not yet exist in eCitation and would need to be created
in order to report to the Office of the Attorney General. The agency estimates the cost to make
changes to eCitation would be approximately $140,000 from the State General Fund in FY 2022,
assuming 1,000 hours at $140 per hour. The agency states that it would not be able to complete
these changes by July 1, 2021, as required by the bill. The agency also indicates it would require
$90,400 from the State General Fund in FY 2022 for 2.00 Administrative Assistant FTE positions
to provide training and to receive and to enter paper submissions by local law enforcement
agencies. The KBI also states that local law enforcement agencies would incur a cost to connect
their citation systems to the eCitation system, but this cost is unknown.
The KBI also states that it is unclear if similar changes would have to be made to the Kansas
Incident Based Reporting System (KIBRS), which has seven of the data elements required by the
bill as optional fields. These seven fields would need to be changed to mandatory fields and seven
additional data elements, which are not included KIBRS, and would need to be added and made
mandatory. However, the agency states that KIBRS is beyond its effective life cycle, has many
limitations, and is difficult to use. As such, the agency is in the process of replacing KIBRS and
the additional data elements that would need to be collected would be built into a new system and
would not be added to the existing system.
The Office of the Attorney General indicates that enactment of the bill would require it to
update all complaint forms and information regarding racial or bias-based policing currently
available on its website, but this could be accomplished within existing resources. The Office
states it would have to update the system that allows law enforcement agencies to submit their
racial or bias-based policing annual reports to reflect the new language and the additional reporting
requirements. The Office estimates this would require ten hours of service time from the Office
of Information Technology Professional Services at $73.50/hour for a total of $735. The Office
also indicates that enactment of the bill could increase the liability exposure of the state from the
provision that allows civil lawsuits to be filed for racial profiling or other biased policing before a
determination is made through the complaint process. The Office would be required to provide
defense against any such lawsuits covered by the Tort Claims Act. The cost of defending the state
is funded through ongoing transfers from the State General Fund to the Tort Claims Fund.
The Office states it would also require $248,542 from the State General Fund beginning in
FY 2021 for 2.00 Data Analyst FTE positions and 1.00 Secretary II FTE position. Of this amount,
$163,895 would be for salaries and wages for the Data Analysts, $54,050 would be for salaries
and wages for the Secretary II, $17,250 would be for office rent, $4,200 would be for office
furnishings, $2,608 would be for information technology services, $2,039 would be for
information technology equipment, $2,000 would be for training, $1,900 would be for office
supplies and printing, and $600 would be for professional licensing and publications. The Office
The Honorable Larry Alley, Chairperson
Page 3—SB 197

also states that the implementation date of July 1, 2021, is impractical and it would not be able to
modify or create such systems within this time frame. The Office indicates that local law
enforcement agencies would incur expenses associated with adapting their standard citations to
include all the data to be collected and transmitting this information to the KBI, but that this cost
is unknown.
The Office of Judicial Administration and the Kansas Highway Patrol indicate the bill
would have a negligible fiscal effect on the agencies that could be absorbed within existing
resources. The Commission of Peace Officers’ Standards and Training indicates the bill would
have no fiscal effect on the agency. Any fiscal effect associated with SB 197 is not reflected in
The FY 2022 Governor’s Budget Report.
The Kansas Association of Counties states that the additional tracking and reporting could
result in additional expenditures for counties and sheriff departments, but that this effect cannot be
estimated. The League of Kansas Municipalities indicates that the bill would increase
expenditures for local governments because it would increase the amount of time administrative
staff and law enforcement officers to gather and submit detailed data from every traffic and
pedestrian stop as well as creating new stop forms and business cards.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Paul Weisgerber, KBI
Michael Neth, Office of the Adjutant General
Debbie Thomas, Judiciary
Gary Steed, Peace Officers
Wendi Stark, League of Municipalities
Jay Hall, Association of Counties
Sherry Macke, Highway Patrol


Statutes affected:
As introduced: 22-4606, 22-4610, 22-4611, 22-4611a