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
Adam Proffitt, Director Laura Kelly, Governor
February 3, 2021
The Honorable Larry Alley, Chairperson
Senate Committee on Federal and State Affairs
Statehouse, Room 136-E
Topeka, Kansas 66612
Dear Senator Alley:
SUBJECT: Fiscal Note for SB 96 by Senator Peck
In accordance with KSA 75-3715a, the following fiscal note concerning SB 96 is
respectfully submitted to your committee.
Current law allows any individual who is enrolled or has been accepted for admission at a
state university, community college, technical college, or the municipal university to be deemed a
resident of Kansas for the purpose of tuition and fees so long as the individual:
1. Has attended an accredited Kansas high school for three or more years;
2. Has either graduated from an accredited Kansas high school or has earned a general
educational development certificate issued within Kansas, regardless of whether the person
is or is not a citizen of the United States of America; and
3. In the case of a person without lawful immigration status, has filed with the postsecondary
educational institution an affidavit stating that the person or the person's parents have filed
an application to legalize such person's immigration status, or such person will file such an
application as soon as such person is eligible to do so or, in the case of a person with a
legal, nonpermanent immigration status, has filed with the postsecondary educational
institution an affidavit stating that such person has filed an application to begin the process
for citizenship of the United States or will file such application as soon as such person is
eligible to do so.
SB 96 would repeal this law so that undocumented immigrants are no longer allowed to
pay resident tuition and fee rates at public postsecondary educational institutions. The bill would
amend the definition of domiciliary resident to add, “Domiciliary resident does not include any
alien who is not lawfully present in the United States.” SB 96 would take effect and be in force
from and after its publication in the statute book.
The Honorable Larry Alley, Chairperson
Page 2—SB 96
Based on a report of fall 2020 enrollment, the Board of Regents indicates there are 456
undocumented students who currently meet the requirements for resident tuition and fee rates and
would no longer be eligible for these rates if SB 96 were enacted. The 456 students include 115
students enrolled at state universities, 321 students enrolled at community colleges, and 20 students
enrolled at technical colleges.
The Board indicates the average undergraduate nonresident tuition and fees at the state
universities for academic year 2021 total $21,352 and the average undergraduate resident tuition
and fees total $8,327 which means the 115 students enrolled at state universities would be required
to pay an additional $13,025 ($21,352 - $8,327 = $13,025) per year. The Board indicates the
average undergraduate nonresident tuition and fees at community colleges for academic year 2021
total $4,554 and the average undergraduate resident tuition and fees total $3,561 which means the
321 students enrolled at community colleges would be required to pay an additional $993 ($4,554
- $3,561 = $993) per year. The Board indicates the average undergraduate nonresident tuition and
fees at technical colleges for academic year 2021 total $5,113 and the average undergraduate
resident tuition and fees total $5,048 which means the 20 students enrolled at technical colleges
would be required to pay an additional $65 ($5,113 - $5,048 = $993) per year.
Consequently, if these students choose to not reenroll and no tuition revenue is collected,
the Board estimates SB 96 could reduce tuition revenue at public postsecondary educational
institutions by as much as $2,201,585. If all 456 students reenroll, the Board estimates SB 96
would increase tuition revenue by $1,818,006. In addition, the Board indicates that there is a
potential for a reduction in expenditures at any educational institution where there is a reduction
in enrollment under the provisions of this bill, but overall expenditures would likely remain the
same. Nevertheless, the Board indicates it is unable to determine if these students would choose
to maintain enrollment and pay nonresident tuition and fee rates under the provisions of SB 96.
Any fiscal effect associated with SB 96 is not reflected in The FY 2022 Governor’s Budget Report.
Sincerely,
Adam Proffitt
Director of the Budget
cc: Kelly Oliver, Board of Regents
Statutes affected: As introduced: 76-729, 76-731a