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
Larry L. Campbell, Director Laura Kelly, Governor

February 22, 2019


The Honorable John Barker, Chairperson
House Committee on Federal and State Affairs
Statehouse, Room 285-N
Topeka, Kansas 66612
Dear Representative Barker:
SUBJECT: Fiscal Note for HB 2003by Representative Victors
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2003 is
respectfully submitted to your committee.
HB 2003 would allow the Division of Vehicles at the Department of Revenue to issue a
limited driver’s license, limited instructional permit, and limited restricted driver’s license. The
limited driver’s license would be allowed to be issued to an applicant that satisfies the requirements
of that driver’s license that is a resident of Kansas, but has not been issued a Social Security
Number or does not have documentary evidence of citizenship or lawful presence. The applicant
would be required to present a valid passport from the applicant’s country of citizenship, valid
consular identification document, or other proof of identity approved by the Department of
Revenue. The driver’s license would be required to indicate that it is not Real ID compliant and
would not be valid for voting, purchasing a firearm, or used to establish eligibility for public
benefits. A limited driver’s license would be subject to all provisions of the Motor Vehicle
Driver’s License Act, the Uniform Act Regulating Traffic on Highways, and rules and regulations
issued by the Division of Vehicles, including mandatory auto insurance.
The limited driver’s license cannot be used to consider an individual’s citizenship or
immigration status, could not be used as a basis for any investigation, criminal or otherwise, and
could not be used as the basis for an arrest, citation, or detention. Information provided in an
application would not be a public record and could not be disclosed by the Division of Vehicles,
unless required by court order. This exception to the Kansas Open Records Act would expire on
June 30, 2024, unless reviewed and extended by the Legislature.
The Department indicates HB 2003 would increase the number of licenses issued across
the state by allowing for a new type of driver’s license that could to be issued to certain individuals.
The bill would increase the amount of fee revenue collected from issuing additional driver’s
licenses; however, the Department does not have data to estimate the number of new driver’s
licenses that would be issued under the provisions of the bill to provide a precis estimate of the
amount of additional fee revenue that would be collected. The Department of Revenue indicates
that it would require a total $1,422,847 from the State General Fund in FY 2020 to implement the
The Honorable John Barker, Chairperson
Page 2—HB 2003

bill and to modify the vehicle licensing system. The bill would require the Department to hire
24.00 new FTE positions to open four new driver’s license offices across the state to handle
estimated demand from individuals that would want this new driver’s license type. The required
programming for this bill by itself would be performed by existing staff of the Department of
Revenue and outside contract programmer services. In addition, if the combined effect of
implementing this bill and other enacted legislation exceeds the Department’s programming
resources, or if the time for implementing the changes is too short, additional expenditures for
outside contract programmer services beyond the Department’s current budget may be required.
The Attorney General’s Office indicates the bill has the potential to increase litigation costs
starting in FY 2020. If the bill is challenged by groups or individuals who could consider this bill
as making Kansas a sanctuary state as the information submitted by the person seeking the limited
driver’s license will remain sealed unless a court order compels disclosure and the possession of a
license cannot be used to investigate, arrest, hold, detain or charge its holder with a crime or for
any immigration status purpose. However, the Office did not provide an estimate of the additional
litigation costs or how long the estimated litigation costs would continue from enactment from the
bill, or if the bill would require the hiring of outside counsel. Enactment of the bill could also have
an impact on the number of criminal prosecutions related to individuals violating the unlawful use
of a driver’s license, which are sometimes handled by the Office.
The Secretary of State indicates that the bill would have a negligible fiscal effect on its
operations. The Secretary of State would be required to update some education materials
reminding voters this type of limited license would not be acceptable for use in voting. However,
the costs to update education materials would be negligible and could be absorbed within existing
resources. The League of Kansas Municipalities and Kansas Association of Counties indicates the
bill would have no fiscal effect on local governments. Any fiscal effect associated with HB 2003
is not reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Division of the Budget

cc: Lynn Robinson, Department of Revenue
Willie Prescott, Office of the Attorney General
Chardae Caine, League of Municipalities
Jay Hall, Association of Counties
Bryan Caskey, Office of the Secretary of State
Ben Cleeves, Transportation
Glenda Haverkamp, Insurance


Statutes affected:
As introduced: 8-237, 8-240, 8-1324