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 http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor
Division of the Budget
March 1, 2023
The Honorable Francis Awerkamp, Chairperson
House Committee on Welfare Reform
300 SW 10th Avenue, Room 152-S
Topeka, Kansas 66612
Dear Representative Awerkamp:
SUBJECT: Fiscal Note for HB 2430 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2430 is
respectfully submitted to your committee.
HB 2430 would enact the Safe Cities Act. The bill would prohibit a political subdivision
from adopting or enforcing a policy that directly or indirectly prohibits or discourages the
enforcement of an order or ordinance prohibiting public camping, sleeping, or obstructing public
right-of-ways. Under the bill, a political subdivision would not prohibit or discourage a peace
officer or prosecuting attorney employed by the political subdivision from enforcing an order or
ordinance prohibiting public camping, sleeping, or obstructing public right-of-ways. The bill
would not prohibit a policy that encourages diversion programs or offering of service in lieu of a
citation or arrest.
The Attorney General would have the power to bring a civil action against a political
subdivision for violations of the Act and could recover reasonable expenses. Political subdivisions
with a higher per-capita rate of homelessness than the state average would not receive state funding
designated for addressing homelessness until the Department allocating the funds determines that
the political subdivision is compliant with the Act.
It would be unlawful to use state or local government-owned lands for unauthorized
sleeping, camping or long-term shelters, unless it is authorized by law or municipal ordinance.
Violations would be an unclassified nonperson misdemeanor with a fine not to exceed $1, and any
second or subsequent violation would be a class C nonperson misdemeanor.
The Judicial Branch states that the bill could increase the number of cases filed in district
court because the bill creates a new crime and allows the Attorney General to file a new cause of The Honorable Francis Awerkamp, Chairperson
Page 2—HB 2430
action, which would increase the time spent by judicial and nonjudicial personnel in processing,
researching, and hearing cases. Because the new crime carries a misdemeanor penalty, there could
be more supervision of offenders required by court services officers. The bill could result in the
collection of docket fees, fines, and supervision fees that would be deposited into the State General
Fund. However, a fiscal effect cannot be estimated because the number of cases is unknown.
The Office of the Attorney General states that the bill could generate additional litigation
for its Office; however, the Office cannot estimate a fiscal effect at this time. The Department of
Commerce states that the bill would not have a fiscal effect. Any fiscal effect associated with HB
2430 is not reflected in The FY 2024 Governor’s Budget Report.
The Kansas Association of Counties states that the bill could have a fiscal effect for the
political subdivisions with homelessness rates above the state average; however, a fiscal effect
cannot be estimated. The League of Kansas Municipalities states that the bill could have a
negligible fiscal effect on cities.
Sincerely,
Adam Proffitt
Director of the Budget
cc: Sherry Macke, Highway Patrol
Wendi Stark, League of Kansas Municipalities
Jay Hall, Kansas Association of Counties
John Milburn, Office of the Attorney General
Vicki Jacobsen, Judiciary
Sherry Rentfro, Department of Commerce