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 20, 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 2352 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2352 is
respectfully submitted to your committee.
HB 2352 would specify that a plaintiff’s attorney would have the burden of proving beyond
a reasonable doubt that the interest in the property is subject to forfeiture. The bill would also
clarify that if the state proves that the interest in the property is subject to forfeiture, the court
would be required to make a determination of liability.
The Kansas Highway Patrol estimates additional expenditures of $324,511 from the
Kansas Highway Patrol Operations Fund in FY 2024, along with an additional 3.00 FTE positions
if the bill is enacted. The Patrol indicates if the agency is required to prove beyond a reasonable
doubt that seized property is subject to forfeiture, the costs of investigation and prosecution would
increase. The additional $324,511 would be to hire three additional Criminal Intelligence Analyst
FTE positions in FY 2024. The Division of the Budget notes that the Kansas Highway Patrol
Operations Fund receives its revenue from a transfer from the State Highway Fund of the Kansas
Department of Transportation. If expenditures are increased by $324,511, there would also need
to be a corresponding transfer increase of the same amount in FY 2024.
The Office of Judicial Administration estimates enactment of HB 2352 would have a
negligible fiscal effect on the operations of the Judicial Branch. The Office of the Attorney
General indicates the bill’s enactment would result in fewer forfeiture cases being filed, which
would reduce the amount of funds that would be made available to law enforcement and other
agencies, including the Attorney General. The Office is unable to estimate a fiscal effect at this
time. The Kansas Bureau of Investigation indicates enactment of the bill would not have a fiscal
The Honorable Fred Patton, Chairperson
Page 2—HB 2352

effect on agency operations. Any fiscal effect associated with HB 2352 is not reflected in The FY
2024 Governor’s Budget Report.
The League of Kansas Municipalities states there could be a fiscal effect on cities; however,
the League is unable to estimate what that fiscal effect would be.


Adam Proffitt
Director of the Budget

cc: Vicki Jacobsen, Judiciary
Sherry Macke, Highway Patrol
Paul Weisgerber, Kansas Bureau of Investigation
John Milburn, Office of the Attorney General

Statutes affected:
As introduced: 60-4114, 60-4113, 60-4116, 60-4117