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


March 25, 2021
REVISED

The Honorable Mike Petersen, Chairperson
Senate Committee on Transportation
Statehouse, Room 345-S
Topeka, Kansas 66612
Dear Senator Petersen:
SUBJECT: Revised Fiscal Note for SB 305 by Senate Committee on Ways and Means
In accordance with KSA 75-3715a, the following revised fiscal note concerning SB 305 is
respectfully submitted to your committee.
SB 305 would allow law enforcement agencies to collect captured license plate data and
would require the data to be stored immediately and accessed only for a legitimate law enforcement
purpose. The bill would prohibit the distribution of license plate data for commercial purposes
and would allow law enforcement agencies to exchange data. The bill would allow law
enforcement agencies to contract for license plate data storage and would require agencies to adopt
and maintain certain policies and procedures. Captured license plate data would be required to be
kept confidential and would not be subject to the Kansas Open Records Act until July 1, 2026.
The bill would make knowingly using, obtaining, or attempting to obtain captured license plate
data under false pretenses a class C nonperson misdemeanor.
Since the original fiscal effect statement was issued, the Office of Judicial Administration
and the League of Kansas Municipalities have provided information on the fiscal effects of this
bill. The Office of Judicial Administration indicates that enactment of the bill could increase the
number of cases filed in district courts because it creates a new crime. This could increase the
amount of time spent by district court judicial and nonjudicial personnel in processing, researching,
and hearing cases. Since the crime would carry a misdemeanor penalty, the bill could also result
in more supervision of offenders by court services officers. In addition, the bill could result in the
collection of docket fees, supervision fees, and fines assessed in cases filed under the provisions
of the bill. However, a fiscal effect cannot be determined because the number of additional cases
cannot be estimated.
The Honorable Mike Petersen, Chairperson
Page 2—Revised SB 305

The Motor Carrier Troop of the Highway Patrol currently uses license plate readers and
has policies and procedures in place with the company it contracts with for the collection, storage,
and use of data. The Patrol indicates that the bill may require minimal adjustments to the policies
and procedures but would have a fiscal effect that could be absorbed within existing resources.
Any fiscal effect associated with SB 305 is not reflected in The FY 2022 Governor’s Budget
Report.
The Kansas Association of Counties indicates that enactment of the bill could increase
costs for counties related to license plate data storage costs. However, a fiscal effect cannot be
estimated. The League of Kansas Municipalities indicates the bill would have a negligible fiscal
effect on cities to implement new procedures.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Sherry Macke, Highway Patrol
Wendi Stark, League of Municipalities
Jay Hall, Association of Counties
Debbie Thomas, Judiciary