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 Division of the Budget http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor


February 23, 2024


The Honorable Mike Thompson, Chairperson
Senate Committee on Federal and State Affairs
300 SW 10th Avenue, Room 144-S
Topeka, Kansas 66612
Dear Senator Thompson:
SUBJECT: Fiscal Note for SB 409 by Senate Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning SB 409 is
respectfully submitted to your committee.
The Kansas Act Against Discrimination (KAAD) protects individuals categorized within
classes of race, religion, color, sex, disability, national origin, or ancestry from discrimination. SB
409 would prohibit cities and counties from modifying these classes by providing rights,
protecting, prohibiting, or expanding the classes. Any ordinance, resolution, rule, regulation, or
policy prohibited by the bill that was adopted prior to July 1, 2024, would be null and void. The
bill would also define “sex” as the biological indication of male and female in the context of
reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones,
gonads and nonambiguous internal and external genitalia present at birth, without regard to an
individual's psychological, chosen, or subjective experience of gender.
The bill’s provisions would provide statewide uniformity in the application of KAAD and
its protections. Only those classes or categories of individuals expressly protected by the KAAD
would be protected from unlawful discrimination and any local law or regulation that would
modify such classes or categories in any way would be preempted by the bill.
The Kansas Human Rights Commission indicates SB 409 would not have a fiscal effect.
The agency also indicates some municipalities prohibit discrimination based on classes not listed
in the bill. For example, some cities prohibit discrimination based on sexual orientation, and/or
gender identity. The bill’s provisions could be the subject of litigation if municipalities want to
establish their own standards that are different from those listed in the bill. However, the agency
is unable to estimate a fiscal effect on local governments. Any fiscal effect associated with SB
409 is not reflected in The FY 2025 Governor’s Budget Report.
The Honorable Mike Thompson, Chairperson
Page 2—SB 409

The Kansas Association of Counties and the League of Kansas Municipalities indicates SB
409 could have a fiscal effect on counties and cities, if a county or city defines “sex” differently
than the Equal Employment Opportunity Commission. If the county’s or city’s definition is
different, the county or city would be at risk for losing federal funding or become ineligible for
federal grants.

Sincerely,

Adam C. Proffitt
Director of the Budget


cc: Ruth Glover, Human Rights Commission
Jay Hall, Kansas Association of Counties
Wendi Stark, League of Kansas Municipalities


Statutes affected:
As introduced: 44-1001, 44-1002, 44-1015