SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2386
As Amended by House Committee on
Agriculture and Natural Resources Budget

Brief*
HB 2386, as amended, would prohibit government
officials or employees of any state agency, county, or city
acting within the scope of such employee’s duties from
entering or remaining on private property, and conducting
aerial surveillance on the property, unless:
1. The entry is authorized by a lawfully issued search
warrant, court order, subpoena, administrative
warrant, or the U.S. Constitution;
2. The owner of the property has given written
consent; or
3. There are exigent circumstances requiring entry on
such property.
These provisions would not apply to a law enforcement
officer during the course of the officer’s duty or to the officially
designated protection and advocacy system for the State, as
required by federal law.

Background
The bill was introduced by the House Committee on
Agriculture and Natural Resources Budget at the request of
Representative Corbet.

____________________
*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
House Committee on Agriculture and Natural Resources
Budget
In the House Committee hearing on February 20, 2023,
proponent testimony was provided by a representative of the
Kansas Justice Institute, stating the bill would help protect
Kansans from governmental intrusions.
Opponent testimony was provided by representatives of
the Department of Agriculture, Department of Transportation,
Kansas Commission on Veterans Affairs Office, and the
Disability Rights Center of Kansas. Opponents generally
stated that requirements under the bill could run contrary to
existing statutes authorizing permission on private property to
conduct investigations, inspections, surveying, and other
tasks.
Written-only opponent testimony was provided by the
Office of the State Long-Term Care Ombudsman, Department
of Children and Families, Corporation Commission,
Department for Aging and Disability Services, Wichita Animal
Action League, and a private citizen.
No other testimony was provided.
The House Committee amended the bill to:
● Add language specifying that government officials
or employes effected by the bill would only be
effected if they were acting within the scope of their
employment;
● Add language disallowing aerial surveillance on
private property unless certain criteria are met; and
● Add administrative warrants, exigent
circumstances, and the officially designated
protection and advocacy system for the state to the
list of provided exceptions.

2- 2386
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Department of
Agriculture indicates enactment of the bill would increase
expenditures by $167,000, all from the State General Fund,
and require an additional 2.00 FTE positions.
The Department of Wildlife and Parks indicates costs to
implement the bill would total $77,000 in FY 2023 to develop
and maintain a landowner permission system and $322,874
for FY 2024 to administer the database and oversee
landowner permissions, and require an additional 6.00 FTE
positions.
The Kansas Corporation Commission indicates it is
unable to estimate the bill’s fiscal effect; but the bill would
would delay investigations resulting in higher investigative
costs, more expensive remediation, additional staff time, and
possibly require more administrative positions.
The Kansas Association of Counties, League of
Municipalities and the Department of Administration indicate
there would be no fiscal effect associated with the bill.
Private property; property rights


3- 2386