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
January 28, 2025
The Honorable Susan Humphries, Chairperson
House Committee on Judiciary
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Humphries:
SUBJECT: Fiscal Note for HB 2061 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2061 is
respectfully submitted to your committee.
HB 2061 would include aboveground and belowground lines, cables, and wires in the
definition of a critical infrastructure facility for the crimes of trespassing on a critical infrastructure
facility and criminal damage to a critical infrastructure facility.
The Board of Indigents Defense Services indicates that the bill would increase agency
expenditures on legal counsel and support staff by unknown amounts. The Board estimates that
on average, severity level 5, 6, and 7, non-person felony cases require 57 hours of direct work by
an attorney to provide constitutionally adequate representation. Based on the rates of $83.36 per
hour for public defenders and $125 per hour for assigned counsel, each new severity level 5, 6, or
7, nonperson felony case brought to the agency would result in State General Fund expenditures
of $4,752 to $7,125.
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.
The agency indicates that the bill could also increase the amount of offender supervision required
by its court services officers. However, the Judiciary is unable to calculate an exact estimate of
these effects. 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 Honorable Susan Humphries, Chairperson
Page 2—HB 2061
The Sentencing Commission indicates that the bill has the potential to increase prison
admissions and the number of required prison beds, but any effect is likely to be small. The
Department of Corrections indicates that the bill could increase agency operating expenditures by
a negligible amount that would be accommodated within existing resources. Any fiscal effect
associated with HB 2061 is not reflected in The FY 2026 Governor’s Budget Report.
The Kansas Association of Counties indicates that the bill has the potential to increase
county government expenditures on legal proceedings. The League of Kansas Municipalities
indicates that the bill would have a negligible fiscal effect on cities.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Trisha Morrow, Judiciary
Scott Schultz, Kansas Sentencing Commission
Jennifer King, Department of Corrections
Jay Hall, Kansas Association of Counties
Heather Cessna, Board of Indigents Defense Services
Wendi Stark, League of Kansas Municipalities