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


January 25, 2023


The Honorable Fred Patton, Chairperson
House Committee on Judiciary
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2074 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2074 is
respectfully submitted to your committee.
HB 2074 would specify that for care and treatment action, a temporary custody order issued
by a court may prohibit the person named in the order from possessing a firearm and would require
the person to petition the court to reinstate their right to possess a firearm. If the court issues such
an order, the court would be required to direct the clerk of the district court to send a copy of the
order to the Kansas Bureau of Investigation (KBI) within five days after receipt of the order. The
KBI would be required to enter the order into the National Instant Criminal Background Check
System and other appropriate databases. The court would also be required to notify the person
named of their right to petition the court to reinstate their right to possess a firearm.
The Office of Judicial Administration states enactment of the bill could have a fiscal effect
on the operations of the Judicial Branch because there could be additional time spent by district
court clerks notifying the KBI of any court orders that prohibit the possession of firearms.
Additionally, the Office states if a person petitions the court, it would create additional work for
judges and court employees processing and hearing cases. The Office indicates that until the
Judicial Branch has had an opportunity to operate under the bill’s provisions a fiscal effect cannot
be estimated.
The Honorable Fred Patton, Chairperson
Page 2—HB 2074

The KBI indicates a fiscal effect cannot be estimated because the agency is unable to
estimate how many temporary custody orders would be sent to the KBI. Any fiscal effect
associated with HB 2074 is not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Paul Weisgerber, Kansas Bureau of Investigation
Vicki Jacobsen, Judiciary


Statutes affected:
As introduced: 59-2959, 59-2966