Bill Summary – FastDemocracy

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 10, 2021


          The Honorable Kellie Warren, Chairperson
          Senate Committee on Judiciary
          Statehouse, Room 441B-E
          Topeka, Kansas 66612
          Dear Senator Warren:
                    SUBJECT:      Fiscal Note for SB 270 by Senate Committee on Federal and State Affairs
                  In accordance with KSA 75-3715a, the following fiscal note concerning SB 270 is
          respectfully submitted to your committee.
                  SB 270 would require all law enforcement agencies in Kansas to adopt a detailed, written
          policy prohibiting the hiring of law enforcement officers with a history of serious misconduct or
          use of excessive force. These policies must be implemented prior to July 1, 2022 and must include
          prohibitions as specified in the bill. The bill would make law enforcement employment and
          disciplinary records alleging serious misconduct or use of excessive force by a law enforcement
          officer subject to the Kansas Open Records Act (KORA).

                                            Estimated State Fiscal Effect
                                       FY 2021         FY 2021            FY 2022          FY 2022
                                        SGF            All Funds           SGF             All Funds
             Revenue                            --                 --              --                 --
             Expenditure                        --                 --       $208,325           $208,325
             FTE Pos.                            --                    --           --               3.00
                  According to the Kansas Highway Patrol (KHP), enactment of SB 270 could result in a
          significant increase in KORA requests. These requests are expected to be time sensitive and more
          complex than the typical requests and would require a coordinated effort between the Professional
          Standards Unit (PSU), Human Resources and the Legal Department. Because the agency expects
          an increase in the number of complaints received through its office, the PSU, which is the record
          keeper for investigative files on complaints, could need an additional 1.00 FTE Highway Patrol
The Honorable Kellie Warren, Chairperson
Page 2—SB 270

Lieutenant position to handle the workload at a cost of $104,793. Human Resources is the record
keeper for any discipline imposed or resignation records. Although the agency does not expect
these records requests to be as numerous as those for PSU, the additional time to manage and
provide documentation upon request could require an additional 1.00 FTE Administrative Officer
position. The cost for salaries and wages for this position is expected to be $52,218.
        All records would need to be reviewed and redacted as permitted which is another time-
intensive process. The agency anticipates that more activity in grievance/civil service appeals
could occur. If these records are to be made public, there is a significant chance the Kansas State
Troopers Association, which is the union representing KHP officers, would be more invested in
challenging any serious discipline or termination cases. As the agency is currently in the process
of hiring a new attorney, no additional FTE positions would be required for legal review; however,
because of the anticipated increased KORA requests, the Records Unit could need 1.00 FTE Senior
Administrative Assistant. The cost of salaries and wages for this position is expected to be
$51,313. The total cost of salaries and wages for the three positions is estimated to be $208,325.
      According to the Kansas Commission on Peace Officers’ Standards and Training,
enactment of SB 270 would have no fiscal effect on the agency. Any fiscal effect associated with
SB 270 is not reflected in The FY 2022 Governor’s Budget Report.
        The Kansas Association of Counties indicates that enactment of the bill could result in
additional costs for county sheriffs’ offices as they seek qualified and able individuals to fill open
positions. The open disciplinary records requirement could also result in some costs if information
has to be redacted to protect private citizens cited in these records. According to the League of
Kansas Municipalities, enactment of SB 270 would result in increased costs for cities as they would
be required to review and make redactions on certain records. This would require staff time and
consultation with the city attorney, as well as other possible costs. The League is unable to
estimate what the fiscal effect might be.


                                                      Sincerely,

                                                      Adam Proffitt
                                                      Director of the Budget

cc: Gary Steed, Peace Officers
    Sherry Macke, Highway Patrol
    Wendi Stark, League of Municipalities
    Jay Hall, Association of Counties
Statutes affected: 
As introduced: 45-221