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HB 2061

An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in computer data center equipment incentive program, further providing for application for certification and for eligibility requirements.

2025-2026 Regular Session Introduced by Lisa Borowski and 24 co-sponsors

Expands protections by deeming telecommunications and video infrastructure components as critical facilities, increasing penalties for trespass or damage.

Referred to Finance
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Bill Summary · HB 2061

Kansas HB 2061 — Summary (2025)

Status: Enacted — Approved by the Governor (recorded April 1, 2025 in bill header). Statutory change amends K.S.A. 21-5818. (Section 3 states the act takes effect upon publication; some legislative logs record an effective date of 9/1/2025.)

Purpose

To expand the statutory definition of a "critical infrastructure facility" for two criminal offenses — trespassing on a critical infrastructure facility and criminal damage to a critical infrastructure facility — to explicitly cover components of telecommunications and video services infrastructure (including aboveground and belowground cables, wires and related equipment). The goal is to increase legal protection for communications infrastructure and reduce service interruptions.

Key provisions

  • Amends K.S.A. 21-5818 to broaden the meaning of “critical infrastructure facility” when used for wireline, broadband, wireless telecommunications, or video services.
  • Specifically includes, whether located inside or outside any public or highway right-of-way:
    • Aboveground and belowground lines, cables, and wires.
    • Backup power supplies and cable television headends.
    • Antennas, radio transceivers, towers, wireless support structures, small cell facilities, and associated support structures and accessory equipment.
    • Equipment buildings, cabinets, storage sheds, shelters, or similar structures.
  • Repeals the existing section and replaces it with the amended text.
  • Retains the existing offense definitions and penalty structure:
    • Trespassing on a critical infrastructure facility — class A nonperson misdemeanor.
    • Aggravated trespassing — severity level 7 nonperson felony.
    • Criminal damage to a critical infrastructure facility — severity level 6 nonperson felony.
    • Aggravated criminal damage — severity level 5 nonperson felony.
  • Preserves an owner/operator’s ability to pursue other remedies and to prosecute related offenses.

Who is affected

  • Telecommunications and cable/video service providers (Charter, AT&T, T‑Mobile supported the bill in committee).
  • Owners/operators of communications infrastructure and related equipment.
  • Individuals who enter, tamper with, damage, or impede operations of covered facilities.
  • State and local justice system actors (law enforcement, prosecutors, public defenders, courts, probation/court services).
  • Local governments: counties may incur additional legal costs; cities expect negligible fiscal effect.

Fiscal and procedural impacts

  • Fiscal Note (Kansas Division of the Budget, Jan. 28, 2025): Net fiscal effect uncertain.
    • Board of Indigents’ Defense Services estimates each additional severity-level 5–7 nonperson felony case handled could cost the State General Fund roughly $4,752–$7,125 (attorney time at prevailing rates).
    • Judicial branch may see increased filings, hearings, and supervision caseloads — amount not estimated.
    • Sentencing Commission expects a small increase in prison admissions/bed needs; Department of Corrections projects negligible operating cost increases absorbable within existing resources.
    • Potential for increased SGF collections from docket fees/fines is unknown.
  • Legislative history: introduced Jan 24, 2025; passed both chambers with committee amendments; enrolled and presented to Governor in March 2025; approved by Governor (per records) and recorded as effective per statute (see above).

For legal purposes consult the enacted K.S.A. 21-5818 text to confirm the final operative language and exact effective date.

Compiled from official sources — confirm details with the bill’s official record.

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