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 C. Proffitt, Director Laura Kelly, Governor
Division of the Budget
March 6, 2024
The Honorable Ken Rahjes, Chairperson
House Committee on Agriculture and Natural Resources
300 SW 10th Avenue, Room 112-N
Topeka, Kansas 66612
Dear Representative Rahjes:
SUBJECT: Fiscal Note for HB 2816 by House Committee on Appropriations
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2816 is
respectfully submitted to your committee.
HB 2816 would prohibit any person from entering, remaining upon, or flying certain
aircraft above an animal facility without consent of the owner. The bill would also prohibit any
person from knowingly making false statements on an employment application to gain access to
an animal facility. The same prohibitions would apply to property in a field crop production area
that is part of a product development program in conjunction with a private research facility,
university, or any federal, state, or local government entity. The bill would establish a class A
misdemeanor penalty for entering remaining on these properties without the owner’s consent, and
a class B misdemeanor penalty for knowingly making false statements on an employment
application to gain access to these properties.
The bill would amend the Farm Animal and Field Crop and Research Facilities Protection
Act to remove several terms such as “deprive” and “effective consent” and their definitions. The
bill would also remove the section of the Act that prohibits any person from acquiring or exercising
control over an animal facility with the intent to deprive the owner of the facility and or damage
the enterprise conducted at the facility. The bill would make technical changes to clarify that the
penalty for property damage or destruction at an animal facility or crop production and research
facility is a severity level 9, nonperson felony for damages between $1,000 and $25,000, and a
severity level 7, nonperson felony for damages of $25,000 or more. These penalties would apply
whether or not the offense was committed with the intent to damage or destroy the property.
The Board of Indigents Defense Services indicates that enactment of the bill would have a
negligible fiscal effect on its operations, as the bill does not establish new felony penalties or
significantly expand the definition of existing felonies. The Board indicates that it typically does
not handle cases involving only misdemeanors.
The Honorable Ken Rahjes, Chairperson
Page 2—HB 2816
The Judiciary indicates that the bill has the potential to increase the number of cases filed
in district courts. This may increase agency operating expenditures due to the additional time spent
by district court judicial and nonjudicial personnel in processing, researching, and hearing cases.
However, the Judiciary is unable to calculate an exact estimate of this effect. The bill has the
potential to increase the collection of docket fees, fines, and supervision fees, which are deposited
in the State General Fund; however, the amount of additional collections is unknown.
The Sentencing Commission estimates that the bill has the potential to increase prison
admissions and beds by a negligible amount. The Department of Corrections indicates that the bill
would have a negligible fiscal effect on agency operations. The Board of Regents indicates that
the bill would have no fiscal effect on the operations of the Board or state universities. The
Department of Agriculture indicates that the bill would have no fiscal effect on agency operations.
Any fiscal effect associated with HB 2816 is not reflected in The FY 2025 Governor’s Budget
Report.
The Kansas Association of Counties indicates that the bill has the potential to increase
county government expenditures on law enforcement, court proceedings, and jail operations;
however, an exact estimate of this effect cannot be determined. The League of Kansas
Municipalities indicates that enactment of the bill would have no fiscal effect on cities.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Trisha Morrow, Judiciary
Jennifer King, Department of Corrections
Heather Cessna, Board of Indigents Defense Services
Scott Schultz, Kansas Sentencing Commission
Wendi Stark, League of Kansas Municipalities
Jay Hall, Kansas Association of Counties
Lita Biggs, Department of Agriculture
Stephanie McDowell, Kansas State University
Becky Pottebaum, Board of Regents