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 Proffitt, Director Laura Kelly, Governor

March 11, 2021


The Honorable John Barker, Chairperson
House Committee on Federal and State Affairs
Statehouse, Room 285A-N
Topeka, Kansas 66612
Dear Representative Barker:
SUBJECT: Fiscal Note for HB 2407 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2407 is
respectfully submitted to your committee.
HB 2407 would require boards of postsecondary educational institutions to create policies
on sexual assault, domestic violence, dating violence and stalking involving students at state
universities, Washburn University, community colleges and technical colleges. The policy must
include an affirmative consent standard in the determination of whether consent was given by all
parties to a sexual activity and standards to evaluate consent. The bill would outline minimum
requirements that boards must include in adopting detailed and victim-centered policies and
protocols regarding sexual assault. Last, boards would be required to implement comprehensive
prevention and outreach programs addressing sexual violence, domestic violence, dating violence
and stalking which we be a part of every incoming student’s orientation.
The Kansas Board of Regents indicates enactment of HB 2407 would have an impact on
the state universities, Washburn University, community colleges and technical colleges. The
Board indicates that much of the bill’s requirements are already implemented by postsecondary
educational institutions in order to maintain eligibility for federal Title IV funding. However, the
Board indicates that implementation of the affirmative consent rule would be different from current
practice. The Board states that any fiscal effect associated with this portion of the bill cannot be
estimated.

Sincerely,

Adam Proffitt
Director of the Budget
cc: Kelly Oliver, Board of Regents