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


January 19, 2023


The Honorable Stephen Owens, Chairperson
House Committee on Corrections and Juvenile Justice
300 SW 10th Avenue, Room 546-S
Topeka, Kansas 66612
Dear Representative Owens:
SUBJECT: Fiscal Note for HB 2005 by Representative Carmichael
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2005 is
respectfully submitted to your committee.
HB 2005 would create a traffic infraction for operating a vehicle while fatigued with a fine
of $75.
The Office of Judicial Administration states enactment of HB 2005 could increase the
number of cases filed in district court because it creates a new violation for operating a vehicle
while fatigued, which could result in more time spent by court employees and judges processing
and deciding these cases. The Office states enactment of the bill could result in the collection of
docket fees and fines assessed in those cases filed under the bill’s provisions, which would be
credited to the State General Fund. 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 Kansas Department of Transportation (KDOT) indicates enactment of the bill would
create a new traffic infraction with a fine of $75. The agency’s Traffic Records Enhancement
Fund currently receives 2.23 percent of all district court fines, penalties, and forfeitures, while the
agency’s Seat Belt Safety Fund receives 2.2 percent. KDOT estimates enactment of the bill could
increase the number of fines collected because of the new traffic infraction, which would increase
revenues to both funds; however, KDOT is unable to estimate a fiscal effect because the agency
does not have enough information to determine how many citations would be issued. KDOT
The Honorable Stephen Owens, Chairperson
Page 2—HB 2005

estimates that any increase in revenue to both funds would be negligible. Any fiscal effect
associated with HB 2005 is not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Vicki Jacobsen, Judiciary
Brendan Yorkey, Department of Transportation
Wendi Stark, League of Kansas Municipalities
Jay Hall, Kansas Association of Counties


Statutes affected:
As introduced: 8-2118