SESSION OF 2025 SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2061 As Amended by Senate Committee on Judiciary Brief* HB 2061, as amended, would amend the definition of “critical infrastructure facility” as it relates to the crimes of trespassing on a critical infrastructure facility and criminal damage to a critical infrastructure facility in the Kansas Criminal Code. The bill would expand the definition of a critical infrastructure facility, when the facility is used for wireline, broadband, or wireless telecommunications or video services infrastructure, to include any aboveground or belowground line, cable, or wire. Additionally, the bill would specify that the term includes, but is not limited to: ●Antennas, radio transceivers, towers, wireless support structures, small cell facilities, and any associated support structures and accessory equipment; and ●Equipment buildings, cabinets and storage sheds, shelters, or similar structures. Background The bill was introduced by the House Committee on Judiciary at the request of a representative of Charter Communications Operating, LLC. ____________________ *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 https://klrd.gov/ House Committee on Judiciary In the House Committee hearing, proponent testimony was provided by a representative of Charter Communications. The proponent generally stated the bill would protect cable lines, which are a component of critical infrastructure. Written-only proponent testimony was provided by a representative of AT&T, stating protection of critical infrastructure is important for customers and the public, and requesting the Committee consider adding additional items to the definition, including specific items related to antennas, radio and wireless structures, and equipment buildings and other related structures. No other testimony was provided. The Committee amended the bill to include the following items requested by AT&T: ●Antennas, radio transceivers, towers, wireless support structures, small cell facilities, and any associated support structures and accessory equipment; and ●Equipment buildings, cabinets and storage sheds, shelters, or similar structures. Senate Committee on Judiciary In the Senate Committee hearing, proponent testimony was provided by a representative of Charter Communications. The proponent stated the bill would help defend critical infrastructure, including broadband and communications cables and wires, and limit service outages for Kansans. Written-only proponent testimony was provided by representatives of T-Mobile and AT&T – Kansas. 2- 2061 No other testimony was provided. The Senate Committee amended the bill to remove a reference to facilities located within or outside public or highway right-of-ways in the definition of critical infrastructure facility. Fiscal Information According to the fiscal note provided by the Division of the Budget on the bill, as introduced, the Board of Indigents’ Defense Services (BIDS) indicates that enactment of the bill would increase agency expenditures by unknown amounts. BIDS estimates that for each additional severity 5, 6, or 7 nonperson felony case, expenditures of between $4,752 and $7,125 would be deducted from the State General Fund (SGF). The Judicial Branch indicates enactment of the bill could increase the number of cases filed in district courts, which may increase operating expenditures. The Judicial Branch also indicates enactment of the bill could increase the amount of offender supervision required by court services officers, and it could increase the collection of docket fees, fines, and supervision fees that are deposited in the SGF. However, the agency indicates an exact fiscal effect cannot be estimated. The Sentencing Commission indicates that enactment of the bill would result in a small fiscal effect. The Department of Corrections indicates that enactment of the bill would result in a negligible fiscal effect on the agency. Any fiscal effect associated with the bill is not reflected in The FY 2026 Governor’s Budget Report. Critical infrastructure; criminal trespassing; criminal damage; telecommunications 3- 2061