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
                                                  February 16, 2021
          The Honorable Russell Jennings, Chairperson
          House Committee on Corrections and Juvenile Justice
          Statehouse, Room 151B-S
          Topeka, Kansas 66612
          Dear Representative Jennings:
                    SUBJECT:      Fiscal Note for HB 2211 by Representative Rhiley
                  In accordance with KSA 75-3715a, the following fiscal note concerning HB 2211 is
          respectfully submitted to your committee.
                   HB 2211 would require a law enforcement officer to impound a vehicle if the person cannot
          provide proof of liability insurance or self-insurance and if the person has previously been issued
          a citation for failure to provide proof of insurance. The vehicle would remain impounded until the
          owner provides evidence of insurance. The owner of the vehicle would not be charged for the first
          15 days for impoundment, towing costs, storage, or other fees relating to impoundment. The bill
          would require the Director of Motor Vehicles of the Department of Revenue to revoke the
          registration of the impounded vehicle.
                  The Kansas Highway Patrol states that HB 2211 could have a fiscal effect because the bill
          would require the agency to pay the first 15 days for impoundment, towing costs, storage, or other
          fees relating to impoundment from the Kansas Highway Patrol Operations Fund. However, there
          are no statistics for the number of second offenses for not being able to produce proof of insurance
          and a fiscal effect cannot be estimated.
                  The Office of Judicial Administration indicates that the bill could have a negligible fiscal
          effect on the agency which could be absorbed within existing resources.
                  The Kansas Department of Revenue states that it could see an increase in possessory lien
          titles and revoking or stopping registrations. However, there would be no fiscal effect to the
          agency. Any fiscal effect associated with HB 2211 is not reflected in The FY 2022 Governor’s
          Budget Report.
The Honorable Russell Jennings, Chairperson
Page 2—HB 2211
       The Kansas Association of Counites indicates that the bill could increase costs for towing
and storage. These costs could be recovered through court costs, although an individual may not
attempt to recover the vehicle if the costs exceed the value of the vehicle. Therefore, the
Association cannot estimate a fiscal effect. The League of Kanas Municipalities states that the bill
would require additional reporting, towing and storage costs to cities. However, a fiscal effect
cannot be determined.
                                                     Sincerely,
                                                     Adam Proffitt
                                                     Director of the Budget
cc: Wendi Stark, League of Municipalities
    Jay Hall, Association of Counties
    Sherry Macke, Highway Patrol
    Bobbi Mariani, Insurance
    Debbie Thomas, Judiciary
    Lynn Robinson, Department of Revenue
Statutes affected: As introduced: 40-3104, 8-2401