SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2816
As Recommended by House Committee on
Appropriations
Brief*
HB 2816 would amend the Farm Animal and Field Crop
and Research Facilities Protection Act (Act).
The bill would remove references to a person’s “intent”
to damage or destroy property, which would allow the Act’s
prohibitions to apply to all persons, regardless of intent. The
bill would add provisions prohibiting persons from knowingly
making false statements on an employment application to
gain access to an animal facility, field crop production area, or
research facility.
The bill would also add violations for entering or
remaining upon or in any property in a field crop production
area development program in conjunction or coordination with
a private research facility, a university, or any federal, state,
or local government entity without consent of the property
owner.
These violations would include flying an aircraft within
the airspace directly above the property area but below the
minimum safe altitude prescribed in 14 CFR 91.119(c), which
contains the federal regulations of flying aircraft at minimum
safe altitudes.
The bill would also clarify the penalties for violations of
the Act, remove the definitions of “deprive,” “effective
consent,” “possession,” and “notice,” and make technical
amendments to the Act.
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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 Background
The bill was introduced by the House Committee on
Appropriations at the request of Representative Rahjes.
House Committee on Agriculture and Natural Resources
In the House Committee hearing, proponent testimony
was provided by a representative of the Kansas Livestock
Association. The proponent stated how the bill is a direct
response to the 10th Circuit Court of Appeals ruling in which it
struck down subsections (b), (c), and (d) of the Act, citing
constitutional concerns of speech due to intent of action
requirement. The bill would address the Court’s ruling by
removing the intent requirements for violations and creating
violations for entering or remaining upon property without
owner consent. The proponent also noted that flying aircraft
was not previously a part of this Act, so the bill would bring
further protection to property owners.
Written-only proponent testimony was provided by
representatives of the Kansas Dairy Association; Kansas
Farm Bureau; Kansas Grain and Feed Association, Kansas
Agribusiness Retailers Association, and Renew Kansas
Biofuels Association; Kansas Pork Association; and Pet
Advocacy Network.
No other testimony was provided.
Fiscal Information
According to the fiscal note provided by the Division of
the Budget on the bill, the Board of Indigents’ Defense
Services indicated the bill would have a negligible fiscal effect
on its operations. It also indicated that it typically does not
handle cases involving only misdemeanors.
2- 2816 The Judicial Branch indicated the bill has the potential to
increase the number of cases filed in district courts, which
may increase agency operating expenditures due to
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
collection of docket fees, fines, and supervision fees, which
are deposited into the State General Fund; however, the
amount of additional collections is unknown.
The Kansas Sentencing Commission estimated the bill
has the potential to increase prison admissions and beds by a
negligible amount. The Department of Corrections indicated
the bill would have a negligible fiscal effect on agency
operations. The State Board of Regents indicated the bill
would have no fiscal effect on its operations or state
universities. The Department of Agriculture indicated the bill
would have no fiscal effect on agency operations.
Any fiscal effect associated with the bill is not reflected
in The FY 2025 Governor’s Budget Report.
The Kansas Association of Counties indicated the bill
has the potential to increase county government expenditures
on law enforcement, court proceedings, and jail operations;
however, an exact estimate cannot be determined. The
League of Kansas Municipalities indicated enactment of the
bill would have no fiscal effect on cities.
Farm Animal and Field Crop and Research Facilities Protection Act; agriculture; field
crop production area; research facility; animal facility
3- 2816