SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2193
As Amended by House Committee on
Transportation

Brief*
HB 2193, as amended, would create and amend law
related to driver’s licenses suspended for failure to comply
with a traffic citation, defined in continuing law as failing to
appear in court in response to a traffic citation and pay in full
any fine and court costs imposed or otherwise comply with a
traffic citation. Continuing law requires a court to provide
notice to the Division of Vehicles (Division), Kansas
Department of Revenue (KDOR), of failure to comply and the
Division to suspend the license of the violator until
satisfactory evidence of compliance with the terms of the
traffic citation has been furnished to the court.
[Note: In continuing law, driving while the person’s
privilege to do so is canceled, suspended, or revoked is a
misdemeanor (KSA 2020 Supp. 8-262), as is operating a
motor vehicle in violation of restrictions on the driver’s license
(KSA 2020 Supp. 8-291).]

Payment Plans
The bill would create law regarding a hardship waiver
and payments plans.
The bill would allow a person financially unable to pay
either the full amount of the original traffic fine or fines and
court costs or a monthly payment from an approved hardship
payment plan to contact the court of jurisdiction to request a
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
hardship waiver to offset part or all of the balance owed. The
bill would allow the waiver to include options for monthly
installment payments, credits, or both.
The bill would require a monthly payment amount to
correspond to the person’s ability to pay; the monthly amount
could be the greater of $10 or 2 percent of the person’s
annual net income, as of their most recent tax return, divided
by 12.
The bill would require KDOR to make available for
download from the KDOR website a single-page uniform
hardship waiver application form and the form to be available
in each jurisdiction’s clerk of court office, for defendants to
sign and submit to the court.
The bill would require a court that denies an economic
hardship petition to provide a written explanation to the
defendant stating the reason or reasons for the denial.
The bill would require the municipal or judicial district
court to order, under the terms of the payment agreement
with the court for the original traffic fine or fines and court
costs payment:
● The recall of any warrants directly related to the
suspension of the person’s driver’s license;
● The waiver of any reinstatement and collection
fees directly related to the suspension;
● The expungement of any previous convictions for
driving on a suspended license due to nonpayment
of traffic fines and court costs, or both, or failure to
appear.
The court would be permitted to order a defendant who
enters into a payment agreement to receive credit against
remaining traffic fines and court costs by performing
community service, attending classes, or both, including
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online classes aimed at defensive and safe driving or a state-
approved traffic school program; the credit would be $15 for
each hour spent doing community service or attending
classes. The bill would require any classes and community
service to be approved by the court before the person
receives credit.
After the court has approved a hardship payment plan,
the bill would require the court to order the Division to
reinstate the person’s driving privileges without restriction.
After the person has agreed to an approved hardship
payment plan, that person’s license could not be suspended
due to nonpayment until no payment has been made for 90
consecutive days.
The bill would state any violation of law by the person
holding a restricted license that would result in the
suspension or revocation of a driver’s license would result in
revocation of the restricted license.
As soon as the original traffic fine or fines and court
costs have been paid by the defendant, the bill would require
the district or municipal court to electronically order the
Division to immediately remove restrictions on the driver’s
license and mail written notice to the defendant that their
Kansas driver’s privileges and license have been reinstated.
The bill would state the provisions of this section would
not apply to non-traffic warrants or to anyone whose driver’s
license has been suspended or revoked for driving under the
influence of alcohol, drugs, or both.

Additional Suspension
In a statute requiring suspension of a driver’s license for
driving when the person’s driving privileges are canceled,
suspended, or revoked, the bill would amend a provision
requiring the Division to extend a period of suspension or
revocation an additional 90 days to state the suspension or
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revocation shall not be extended for any additional time if the
person’s license was suspended for failure to comply with a
traffic citation.

Traffic Citation Procedures
The bill would require a traffic citation to contain the
phone number and email address of the clerk of the court of
jurisdiction and add a municipal court, rather than only a
district court, as a place specified in the notice to appear.
The bill would require the person charged to either
appear in court (as in continuing law) or be given the phone
or email address of the clerk of the court to enter a plea prior
to the court date.
The bill would require the notice to appear to contain a
provision stating a person’s failure to enter a plea with the
clerk of the court before the scheduled court appearance and,
if pleading guilty, make payments as agreed to with the court,
or appear in court, may result in suspension of the person’s
driver’s license. If the information described above does not
appear on the notice to appear, the bill would require a law
enforcement officer to provide a form to a person charged
with a traffic infraction that, in addition to requirements in
continuing law, explains the person’s right to contact the clerk
of the court to enter a plea and right to negotiate with the
court a plan to pay the fine or fines stated on the citation and
court costs plus the phone number and email address of the
clerk of the court.

Definition and Fees
The bill would amend the definition of “failure to comply
with a traffic citation,” which in current law is failing to appear
in court in response to a traffic citation and pay in full any fine
and court costs imposed or otherwise comply with a traffic
citation. The bill would add failure to enter a plea with the

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clerk of the court prior to the the assigned court date as an
alternative to appearing in court, remove a requirement the
fine and court costs be paid in full, and add that the fine and
court costs are to be paid in accordance with the amount and
payment plan agreed upon by the court. The bill would
remove language regarding otherwise complying with a traffic
citation.
In a provision regarding notices mailed by the court to
noncompliant persons, the bill would substitute language
regarding a requirement for entering a plea with the court for
language that the person pay all fines, court costs, and any
penalties.
The bill would remove a nonrefundable $25 application
fee for restricted driving privileges for which a person who
fails to comply with a traffic citation can apply under
continuing law in lieu of suspension for failure to comply with
a traffic citation, unless the citation was for illegal parking,
standing, or stopping. A provision imposing a similar
application fee applicable if the person’s driver’s license
expired while driving privileges were suspended for failure to
pay fines for traffic citations also would be removed. The bill
would state no application fee shall be collected in connection
with a written request for restricted driving privileges under
these circumstances.
Continuing law requires a municipal or district court to
assess a $100 reinstatement fee when the court notifies the
Division of failure to comply with a traffic citation, in addition
to any fines, court costs, and other penalties. The bill would
state on and after July 1, 2021, the fee is to be assessed for
each case, rather than for each charge. The bill also would
require the fee to be collected only after a person has been
determined to be eligible for reinstatement of driving
privileges.
The bill would make a technical change regarding an
additional charge, to consolidate statutes.

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Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of
Representative Jennings on behalf of the Kansas Criminal
Justice Reform Commission. [Note: The bill contains
provisions similar to those of SB 100.]

House Committee on Transportation
In the House Committee hearing, proponent testimony
was provided by Senator Faust-Goudeau; the vice
chairperson of the Racial Profiling Advisory Board of Wichita;
representatives of Kansas Association of Chiefs of Police,
Kansas Legal Services, Kansas Peace Officers Association,
Kansas Sheriffs Association, and the League of Kansas
Municipalities; and a private citizen. Written-only proponent
testimony was provided by Representative Finney; the
president of the Kansas Black Leadership Council; the chair
of the Racial Profiling Advisory Board of Wichita; a Sedgwick
County Commissioner; representatives of the Justice Action
Network, The Greater Kansas City Chamber of Commerce,
the Wichita Regional Chamber of Commerce, and, jointly,
Douglas County, the Human Services Coalition, and United
Way of Douglas County; and two private citizens. Proponents
described the challenges faced by those whose driver’s
licenses have been suspended for failure to comply with a
traffic citation and subsequent driving while a driver’s license
is suspended for failure to fully comply, including accumulated
debt and being unable to legally drive to work and elsewhere.
They stated approximately 140,000 Kansans have debt-
based driver’s license suspensions. They suggested various
amendments to the bill.
A representative of the Chief Justice and a
representative of the Kansas Appleseed Center for Law and
Justice provided neutral testimony regarding fiscal and
administrative issues. Conferees stated the courts would
need replacement moneys if fees are reduced and would face
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challenges if fees would be changed for cases that had
already been sent to collections and that the bill does not
sufficiently resolve the driver’s license suspension problem in
Kansas.
A representative of the Kansas District Judges
Association provided written-only opponent testimony
regarding reductions in revenues to the Judicial Branch if the
bill is enacted and requesting the financial ramifications be
addressed.
The House Committee amended the bill to adopt
amendments proposed by proponents regarding entering
pleas with the court, qualifications for restricted driving
privileges in certain circumstances, payment agreements,
and information on traffic citations. It also amended the bill to
make changes to reinstatement fees apply to court
notification to the Division of failure to comply with a traffic
citation on and after July 1, 2021.

Fiscal Information
According to the fiscal note provided by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration (OJA) indicates if the fee per case (rather than
fee per charge, as in current law) were to apply to all cases
on file, enactment of the bill could have a significant fiscal
impact on the Judicial Branch. [Note: The House Committee
amended the bill to apply changes to reinstatement fees
prospectively.] OJA estimates fee revenue collection would
decrease by $749,813, an estimated 44.0 percent, for FY
2022 and each subsequent year, by approximately $528,726
to the Nonjudicial Salary Adjustment Fund and $221,087 to
the Judicial Branch Docket Fee Fund.
KDOR indicates the provision of the bill, as introduced,
to remove the application fee and reinstatement fee would
reduce revenue by approximately $1.5 million for FY 2022

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and would increase one-time administrative expenditures by
$7,000 from the Division of Vehicles Operating Fund.
The League of Kansas Municipalities indicates any cost
to cities from enactment of the bill would be negligible. The
Kansas Association of Counties indicates the bill could
reduce fee revenues for counties, but the bill could help clear
case backlogs.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2022 Governor’s Budget Report.
Restricted driver's license; fines; traffic violation; traffic citation


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Statutes affected:
As introduced: 8-2110b, 8-262, 8-2110
As Amended by House Committee: 8-2, 8-1567, 8-1567a, 8-1025, 8-262, 8-2106, 8-2110, 8-2110b