SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2047
As Recommended by Senate Committee on
Agriculture and Natural Resources
Brief*
Senate Sub. for HB 2047 would make clarifying
amendments to the Farm Animal and Field Crop and
Research Facilities Protection Act (Act).
Prohibition of Entering or Remaining in Facilities and
Areas; Flying an Aircraft
The bill would prohibit a person from entering or
remaining upon or in any animal facility or field crop
production area of a product development program in
conjunction or coordination with a private research facility, a
university, or any federal, state, or local government entity
without the consent of the owner.
The prohibition would include flying an aircraft within the
airspace directly above the animal facility or production area,
but below the minimum safe altitude, defined in 14 CFR §
91.119(c) and as in effect on July 1, 2024.
Prohibition of False Statements
The bill would prohibit a person from knowingly making
false statements on an employment application in order to
gain access to an animal facility or field crop production area
of a product development program in conjunction or
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*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 coordinating with a private research facility, a university, or
any federal, state, or governmental agency.
Criminal Penalties
The bill would clarify that violations of the Act would be
a:
●Class A nonperson misdemeanor;
●Severity level 9 nonperson felony, if property
damaged or destroyed is of a value of more than
$1,000, but less than $25,000; or
●Severity level 7 nonperson felony, if the property
damaged or destroyed is of a value more than
$25,000.
Definitions
The bill would remove the definitions of “deprive,”
“effective consent,” and “possession.”
Background
The Senate Committee removed the contents of HB
2047, added the contents of SB 389, and recommended a
substitute bill. The background for SB 389 is detailed below.
[Note: The original contents of HB 2047 regarding rules
and regulations by the Secretary of Health and Environment
and amortization of loans from the Kansas Water Pollution
Control Revolving Fund were passed in 2023 SB 120.]
2- 2047 Senate Committee on Agriculture and Natural Resources
In the Senate Committee hearing on February 14, 2024,
proponent testimony was provided by a representative of the
Kansas Livestock Association, who provided a history of the
Act in that the original Act was found unconstitutional in part
by the U.S. Court of Appeals for the Tenth Circuit in 2022.
The proponent stated the Court struck down portions of the
Act on First Amendment grounds, because the term “effective
consent” regulated speech and “intent to damage” was
impermissible viewpoint discrimination. The U.S. Supreme
Court declined to the State of Kansas’ appeal. Therefore, this
bill is a way to fix the unconstitutional portions of the law and
also address concerns by stakeholders regarding low flying
drones and other aircraft that disturb cattle and create safety
and security concerns for employees.
Written-only proponent testimony was provided by
representatives of the Kansas Farm Bureau; Kansas Grain
and Feed Association, Kansas Agribusiness Retailers
Association, and Renew Kansas Biofuels Association; and
Kansas Pork Association.
Opponent testimony was provided by a representative
of the Kansas Chapter of Sierra Club, who stated the bill goes
too far in penalizing whistleblowers and could undermine
whistleblowers’ efforts. The opponent also stated the bill
would create a new strict liability crime with steep penalties
that could be charged against someone without any intent to
commit a criminal act or cause damage or destruction.
No other testimony was provided.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 389, as introduced, the Office of Judicial
Administration (OJA) estimates that the enactment of the bill
could increase the number of cases filed in district courts
3- 2047 which would increase the time spent by district court judicial
and nonjudicial personnel in processing, researching, and
hearing cases. The OJA indicates the crime carries
misdemeanor and lower-level penalties, which could lead to
more supervision of offenders required to be performed by
court services officers but notes that the full impact is
unknown. The passage of the bill could result in the increase
of supervision fees, docket fees, and fines in cases filed
under the provisions of the bill, most of which would be
deposited in the State General Fund. The OJA notes that until
the courts have had the opportunity to operate under the
provisions of the bill, an accurate estimate of the fiscal effect
for the Judicial Branch cannot be given.
The Kansas Sentencing Commission and the Kansas
Department of Agriculture indicate the enactment of the bill
would not have a fiscal effect on their respective operations.
The Commission notes that the bill could increase prison
admissions and prison beds, but any increase would be
minor.
Animal facility; field crop production area; aircraft; criminal penalties; Farm Animal
and Field Crop and Research Facilities Protection Act
4- 2047