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 http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor
Division of the Budget
January 29, 2025
The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 71 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 71 is
respectfully submitted to your committee.
SB 71 would require that on or before July 1, 2026, the Attorney General, in consultation
with the Office of Judicial Administration, approve one or more educational or treatment programs
regarding commercial sexual exploitation. The Attorney General would be required to adopt,
amend, and revoke rules and regulations governing educational or treatment programs, including
certain criteria. The Attorney General would be required to adopt rules and regulations for the
approval and operations of the educational or treatment programs on or before January 1, 2026.
The bill would also specify that municipal courts would only need to report certain violations
electronically to the Kansas Bureau of Investigation.
The bill would remove the requirement on municipal judges or clerks to remit fines
imposed for a violation of a city ordinance prohibiting the sale of sexual relations to the State
Treasurer to the credit of the Human Trafficking Victim Assistance Fund in the Office of the
Attorney General. The bill would amend certain statutes regarding diversion agreements for a
violation of a city ordinance prohibiting the sale of sexual relations to no longer include a fine
equal to the imposed fine under criminal statute. The bill would also remove language allowing a
defendant to enter into and complete a suitable educational or treatment program regarding
commercial sexual exploitation. On or after July 1, 2026, the bill would allow the court to order a
person convicted of commercial sexual exploitation to enter into and complete an educational or
treatment program approved by the Attorney General. The bill would remove the current penalty
of a class A person misdemeanor for buying sexual relations and would require the penalty to be The Honorable Kellie Warren, Chairperson
Page 2—SB 71
a severity level 9, person felony. The bill would increase the minimum fine for buying sexual
relations from not less than $1,200 to not less than $2,000.
The bill would require the court to order a person convicted of buying sexual relations after
July 1, 2026, into an educational or treatment program approved by the Attorney General. The
bill would allow a diversion agreement only once during a person’s lifetime for the crime of buying
sexual relations and would prohibit a diversion if the person received one before July 1, 2025, for
a violation of an ordinance that prohibits the same act. The bill would also add language allowing
the court to order a person to enter into and complete an educational or treatment program approved
by the Attorney General in other statutes.
Estimated State Fiscal Effect
FY 2025 FY 2026 FY 2027
Expenditures
State General Fund -- $161,144 $116,319
Fee Fund(s) -- -- --
Federal Fund -- -- --
Total Expenditures -- $161,144 $116,319
Revenues
State General Fund -- -- --
Fee Fund(s) -- -- --
Federal Fund -- -- --
Total Revenues -- -- --
FTE Positions -- 1.00 1.00
The Office of the Attorney General indicates enactment of the bill would increase
expenditures by $148,409 in FY 2026 and $103,329 in FY 2027 from the State General Fund for
1.00 Program Coordinator position. Of this amount, $80,388 would be for ongoing salaries and
wages expenditures and $18,021 would be for ongoing other operating expenditures. The FY 2026
amount also includes a one-time request for $50,000 to start the process of reviewing potential
vendors for this program and to prepare the rules and regulations required under the bill. The FY
2027 amount includes a 5.0 percent increase from the ongoing FY 2026 amount.
The Kansas Sentencing Commission estimates that enactment of SB 71 would result in an
increase of three adult prison beds needed by the end of FY 2026. By the end of FY 2034, three
additional beds would be needed. The current estimated available bed capacity is 9,738 for males
and 932 for females. Based upon the Commission’s most recent ten-year projection contained in
its FY 2025 Adult Inmate Prison Population Projections report, it is estimated that the year-end
population will total 8,954 male and 921 female residents in FY 2025 and 9,220 male and 961
female residents in FY 2026. The Department of Corrections indicates enactment of the bill would
increase expenditures by $12,735 in FY 2026 and $12,990 in FY 2027 from the State General The Honorable Kellie Warren, Chairperson
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Fund to house the additional residents. In its estimate, the Department indicates it assumes the
marginal cost to house one additional resident will be $4,245 in FY 2026 and $4,330 in FY 2027.
The Office of Judicial Administration indicates enactment of the bill would not have a
significant fiscal effect on expenditures of the Judicial Branch. The Office notes that although the
bill requires it to consult with the Attorney General on approved educational or treatment
programs, any expenditures could be absorbed within existing resources. The Office states that
enactment of the bill could result in the collection of additional fines in cases filed under the
provisions of the bill, which would be deposited in the State General Fund and other funds.
However, a precise fiscal effect cannot be estimated. Any fiscal effect associated with SB 71 is
not reflected in The FY 2026 Governor’s Budget Report.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Trisha Morrow, Judiciary
Scott Schultz, Kansas Sentencing Commission
Jennifer King, Department of Corrections
Matt Bingesser, Office of the Attorney General