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
February 13, 2024
The Honorable Virgil Peck, Chairperson
Senate Committee on Agriculture and Natural Resources
300 SW 10th Avenue, Room 144-S
Topeka, Kansas 66612
Dear Senator Peck:
SUBJECT: Fiscal Note for SB 389 by Senate Committee on Agriculture and Natural
Resources
In accordance with KSA 75-3715a, the following fiscal note concerning SB 389 is
respectfully submitted to your committee.
SB 389 would amend current law pertaining to the Farm Animal and Field Crop Act and
Research Facilities Protection Act. The bill would prohibit an individual from destroying an
animal, animal facility, and property in or on an animal facility; and prohibit unauthorized entry
in an animal facility or to remain in an animal facility without the owner’s consent. Animal facility
is defined as any vehicle, building, structure, research facility or premises where an animal is kept,
handled, housed, exhibited, bred, or offered for sale. Additionally, the bill would prohibit an
individual from flying an aircraft within the airspace directly above an animal facility without the
owner’s consent, (subject to aviation regulations) and would criminalize an individual who makes
false statements on an employment application to gain access to an animal facility. Furthermore,
the same prohibitions apply for field crop products that are grown in the context of a product
development program in conjunction or coordination with a private research facility or a university
or any federal, state, or local governmental agency. Finally, the bill would amend current penalties
for violations of the provisions.
The penalty for an individual to enter an animal facility without the consent of the owner
and with the intent to damage the enterprise conducted at the animal facility, damage or destroy
an animal facility, animal, or property in or on an animal facility would be a Class A nonperson
misdemeanor, unless the value of property damaged or destroyed is more than $1,000 but less than
$25,000 then it would be a severity level 9 nonperson felony. If the property damaged or destroyed
is valued at more than $25,000, then the violation would be a severity level 7, nonperson felony.
The penalty for an individual who unlawfully enters or remains on any property in a field
crop production area of a product development program with the intent to destroy or damage any
field crop product that is grown in a product development program in conjunction or coordination
with a private research facility, a university or any federal, state, or local government entity would The Honorable Virgil Peck, Chairperson
Page 2—SB 389
be a Class A nonperson misdemeanor, unless the value of property damaged or destroyed is more
than $1,000 but less than $25,000, then it would be a severity level 9 nonperson felony. If the
damaged or destroyed property is valued at more than $25,000, then the violation would be a
severity level 7, nonperson felony.
The penalty for an individual to enter or remain in any animal facility, or any property in a
field crop production area of a product development program as described above either in person
or by flying an aircraft within the airspace directly above such animal facility without the consent
of the owner would be Class A, nonperson misdemeanor. Any individual that knowingly makes
false statements on an employment application to gain access to animal facilities or crop
production development programs shall be guilty of committing a Class B misdemeanor.
The Office of Judicial Administration estimates that the enactment of the bill could increase
the number of cases filed in district courts which would increase the time spent by district court
judicial and nonjudicial personnel in processing, researching, and hearing cases. The Office of
Judicial Administration indicates the that 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 until the courts operate under the provisions of
SB 389. The passage of SB 389 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 Office of Judicial Administration notes that until the courts have had the
opportunity to operate under the provisions of SB 389, an accurate estimate of the fiscal effect for
the Judicial Branch cannot be given.
The Kansas Sentencing Commission and the Department of Agriculture indicate that 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.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Trisha Morrow, Judiciary
Lita Biggs, Department of Agriculture
William Hendrix, Office of the Attorney General
Scott Schultz, Kansas Sentencing Commission