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 19, 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 2322 by House Committee on Judiciary In accordance with KSA 75-3715a, the following fiscal note concerning HB 2322 is respectfully submitted to your committee. HB 2322 would prohibit a law enforcement officer or law enforcement agency from engaging in motorcycle profiling. A person aggrieved by a violation of the bill could file a complaint with the Attorney General or could file an action in district court. If the Attorney General finds that the law enforcement officer or agency has engaged in motorcycle profiling, then it would require the officer or agency to participate in additional training relating to motorcycle profiling. A person could also recover actual and punitive damages, injunctive relief, and any attorney costs. The bill would require a law enforcement agency to adopt detailed, written policies, outline disciplinary actions, and require officers to participate in annual training related to motorcycle profiling. Estimated State Fiscal Effect FY 2025 FY 2026 FY 2027 Expenditures State General Fund -- $240,066 $252,069 Fee Fund(s) -- -- -- Federal Fund -- -- -- Total Expenditures -- $240,066 $252,069 Revenues State General Fund -- -- -- Fee Fund(s) -- -- -- Federal Fund -- -- -- Total Revenues -- -- -- FTE Positions -- 2.00 2.00 The Honorable Susan Humphries, Chairperson Page 2—HB 2322 The Office of the Attorney General states that enactment of the bill would require 2.00 positions at a cost of $240,066 for FY 2026 and $252,069 in FY 2027 from the State General Fund. Of the amount for FY 2026, $60,839 would be for 1.00 Investigator position, $133,905 would be for 1.00 Assistant Attorney General position, and $45,322 would be for operating expenditures. The agency estimates a 5.0 percent increase in expenses from FY 2026 to FY 2027. The Office of Judicial Administration states that the bill could increase the number of cases filed in district court because it creates a civil cause of action. This would increase the time spent by district court judicial and nonjudicial personnel in processing, researching, and hearing cases. The bill could also increase the collection of docket fees that would be deposited into the State General Fund. However, the Office cannot determine a precise fiscal effect of the bill. The Kansas Highway Patrol states that the bill would have no fiscal effect. Any fiscal effect associated with HB 2322 is not reflected in The FY 2026 Governor’s Budget Report. The League of Kansas Municipalities and the Kansas Association of Counties state that the bill would increase operating costs for cities and counties because the bill would require law enforcement agencies to develop, implement, and train officers on motorcycle profiling. However, the League and Association cannot estimate a precise fiscal effect. Sincerely, Adam C. Proffitt Director of the Budget cc: Sherry Macke, Kansas Highway Patrol Wendi Stark, League of Kansas Municipalities Jay Hall, Kansas Association of Counties Matt Bingesser, Office of the Attorney General Trisha Morrow, Judiciary