Bill Summary – FastDemocracy

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 Richard Proehl, Chairperson
          House Committee on Transportation
          Statehouse, Room 581B-W
          Topeka, Kansas 66612
          Dear Representative Proehl:
                    SUBJECT:      Fiscal Note for HB 2217 by House Committee on Transportation
                  In accordance with KSA 75-3715a, the following fiscal note concerning HB 2217 is
          respectfully submitted to your committee.
                 Under current law, a person convicted of driving while the person’s driver’s license is
          suspended would have the initial suspension period extended for an additional 90 days. HB 2217
          would amend that statute to eliminate the 90-day extension period if the person’s license was
          suspended for failure to comply with a traffic citation under KSA 8-2110.
                   The bill would also amend KSA 8-2110 by eliminating the requirement that a person pay
          a $25 application fee to the Division of Vehicles when applying for restricted driving privileges in
          lieu of driver’s license suspension for failure to comply with a traffic citation. In addition, the bill
          would remove the $25 application fee currently required to apply for restricted driving privileges
          if a person’s license expires during the period of time it is suspended for failure to comply with a
          traffic citation. The bill would clarify that in order to qualify for restricted driving privileges under
          KSA 8-2110, the underlying suspension must be entirely based on a violation of KSA 8-2110.
                  HB 2217 would remove language authorizing the assessment of a driver’s license
          reinstatement fee prior to July 1, 2018, and from July 1, 2018 to July 1, 2021. On and after July
          1, 2021, a district or municipal court would be authorized to assess only one reinstatement fee per
          case when a driver’s license has been suspended for failure to comply with a traffic citation.
          Further, it would require a reinstatement fee collected only when a person has been determined to
          be eligible for reinstatement. Finally, the $22 reinstatement fee to fund the costs of non-judicial
          personnel would be extended through June 30, 2025.
The Honorable Richard Proehl, Chairperson
Page 2—HB 2217

        The Office of Judicial Administration (OJA) indicates that if reinstatement fees already
assessed for citations issued before July 1, 2021 are no longer valid under the provisions of HB
2217, it could have a significant fiscal effect on the expenditures of the Judicial Branch. For all
cases involving driver’s license reinstatement that have been sent to collections, the clerks would
have to recall those cases from the debt collection vendor and would then have to recalculate the
debt owed without the reinstatement fee. Finally, the clerks would have to resend the remaining
debt back to the debt collection vendor for collection.
        OJA also indicates that fee revenue collection would decrease by $749,813 for FY 2022
and each subsequent year. The bill would change the $100 fee per charge to $100 fee per case for
reinstatement of a license. For FY 2019, the driver’s license reinstatement revenue in the
Nonjudicial Salary Adjustment Fund was $1,201,649. OJA estimates that the revenue would
decrease by 44.0 percent or $528,726 ($1,201,649 x 0.44 = $528,726). In addition, there is a $22
surcharge on every reinstatement fee. This fee is deposited into the Judicial Branch Docket Fee
Fund. The FY 2019 driver’s license reinstatement fee surcharge revenue in the Docket Fee Fund
was $502,471. OJA estimates that the revenue would decrease by 44.0 percent or $221,087
($502,471 x 0.44 = $221,087). OJA indicates that if the provisions of HB 2217 mean that the $100
reinstatement fee and the $22 surcharge must not be assessed to citations issued before July 1,
2021, the revenue decrease would be much greater.
       The Department of Revenue indicates that the provisions of HB 2217 to remove the
application fee and reinstatement fee would reduce revenue by approximately $1.5 million in FY
2022. The League of Kansas Municipalities indicates any cost to cities resulting from the
enactment of this bill would be negligible. The Kansas Association of Counties indicates the bill
could reduce fee revenues for counties. Any fiscal effect associated with HB 2217 is not reflected
in The FY 2022 Governor’s Budget Report.


                                                     Sincerely,

                                                     Adam Proffitt
                                                     Director of the Budget

cc: Lynn Robinson, Department of Revenue
    Wendi Stark, League of Municipalities
    Jay Hall, Association of Counties
    Debbie Thomas, Judiciary
Statutes affected: 
As introduced: 8-2110b, 8-262, 8-2110