Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 larry.campbell@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Larry L. Campbell, Director Laura Kelly, Governor


March 6, 2019


The Honorable Rick Wilborn, Chairperson
Senate Committee on Judiciary
Statehouse, Room 541-E
Topeka, Kansas 66612
Dear Senator Wilborn:
SUBJECT: Fiscal Note for SB 84 by Senator Bollier, et al.
In accordance with KSA 75-3715a, the following fiscal note concerning SB 84 is
respectfully submitted to your committee.
SB 84 would amend the Kansas Act Against Discrimination by prohibiting discrimination
in employment, housing, and public accommodation based on a person’s sexual orientation, gender
identity, or expression. The bill includes definitions of “sexual orientation” and “gender identity
or expression.”

Estimated State Fiscal Effect
FY 2019 FY 2019 FY 2020 FY 2020
SGF All Funds SGF All Funds
Revenue -- -- -- --
Expenditure -- -- $68,706 $68,706
FTE Pos. -- -- -- 1.00
The Kansas Human Rights Commission estimates enactment of SB 84 would require
additional expenditures of $68,706 from the State General Fund and 1.00 Special Investigator II
FTE position in FY 2020. This cost estimate assumes that the number of public contacts at the
intake level would increase by 250 and the projected number of sexual orientation, gender identity,
or expression complaints would be approximately 50. The number of complaints is based on a
U.S. General Accounting Office study published in 2013 that reviewed employment discrimination
complaints of sexual orientation and gender identity in 21 states and the District of Columbia.
According to the study, 2,127 sexual orientation and gender identity complaints out of a total
population of 139,672,848 were received in those states and the District of Columbia, or .0015
percent of the population in the study. If this percentage is applied to the population of Kansas,
approximately 44 complaints would be received by the Commission (.0015 percent X 2,911,505).
The Honorable Rick Wilborn, Chairperson
Page 2—SB 84

However, based on the Commission’s experience with previous changes to the Kansas Act Against
Discrimination and a review of 14 states that currently accept sexual orientation and/or gender
identity complaints, it is estimated that the number of complaints would be closer to 50.
The expenditures for FY 2020 would include $55,581 for the salaries and benefits for the
position; $3,011 for increased telecommunication, data and postage costs associated with the 250
public contacts; $957 for printing new law books and posters; $151 for routine repair and
installation of additional telephones; $6,518 for updating the Commission’s internal complaint
database and other Office of Information Technology Services charges; $428 for various
consumable office supplies; and $2,060 for office equipment for the new position.
The Office of Judicial Administration states enactment of SB 84 would expand the Kansas
Against Discrimination Act and could result in more violations of the Act. This could result in
additional cases filed and more time spent by court employees and judges in processing and
deciding these cases. According to the Office, a fiscal effect cannot be estimated until the Judicial
Branch has had an opportunity to operate under the bill’s provisions.
The Office of the Attorney General states enactment of SB 84 could potentially open the
state to additional liability from lawsuits accusing the state, state agencies, or state employees of
discrimination. Depending on the workload of the Office of the Attorney General’s civil litigation
attorneys, there could be a need to retain outside counsel. The cost for hiring outside counsel
would depend on the number of cases for which outside counsel is selected and the duration of
those cases. Any fiscal effect associated with SB 84 is not reflected in The FY 2020 Governor’s
Budget Report.
Both the League of Kansas Municipalities and the Kansas Association of Counties indicate
enactment of SB 84 would have a negligible fiscal effect on local governments.


Sincerely,

Larry L. Campbell
Director of the Budget

cc: Janie Harris, Judiciary
Ruth Glover, Human Rights Commission
Dawn Palmberg, Department of Labor
Willie Prescott, Office of the Attorney General
Chardae Caine, League of Municipalities
Jay Hall, Association of Counties


Statutes affected:
As introduced: 44-1002, 44-1005, 44-1006, 44-1001, 44-1004, 44-1009, 44-1015, 44-1016, 44-1017, 44-1027, 44-1030, 12-16