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 http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor
Division of the Budget
January 13, 2023
The Honorable Mike Petersen, Chairperson
Senate Committee on Transportation
300 SW 10th Avenue, Room 546-S
Topeka, Kansas 66612
Dear Senator Petersen:
SUBJECT: Fiscal Note for SB 2 by Senator Faust-Goudeau
In accordance with KSA 75-3715a, the following fiscal note concerning SB 2 is
respectfully submitted to your committee.
SB 2 would allow someone whose driving privileges have been revoked for failure to
comply with a traffic citation to submit a written request for restricted driving privileges to the
Division of Motor Vehicles at the Department of Revenue. Individuals convicted for driving with
a canceled, suspended, or revoked license more than three times would not qualify for restricted
driving privileges. The Division of Motor Vehicles would be required to rescind restricted driving
privileges if the individual is found guilty of a violation that results in a license suspension,
revocation, or cancellation other than for failure to comply with a traffic citation. A person
operating a motor vehicle in violation of the restrictions provided in the bill would be guilty of
operating a vehicle in violation of restrictions on a driver’s license or permit which carries a
misdemeanor penalty.
The Office of Judicial Administration indicates enactment of the bill could increase the
number of cases filed in district courts because it creates a new crime. This could increase the
time spent by district court judicial and nonjudicial personnel in processing, researching, and
hearing cases. Since this crime carries a misdemeanor penalty, there could also be more
supervision of offenders required to be performed by court services officers. The Office also states
that the bill could result in the collection of additional docket fees, probation fees and fines
assessed under the provisions of the bill, most of which would be deposited in the State General
Fund. However, a fiscal effect cannot be determined because the number of additional cases is
unknown.
The Honorable Mike Petersen, Chairperson
Page 2—SB 2
The Kansas Sentencing Commission indicates that enactment of SB 2 may decrease the
number of prison beds needed, but the total cannot be determined. Under current law, individuals
arrested for driving a motor vehicle while suspended, revoked, or canceled may be subject to a
search. Those searches may produce evidence of felony violations, such as possession of a
controlled substance or firearm. However, enactment of the bill would result in such drivers being
considered to be legally operating a vehicle and therefore not subject to a search as a result of
driving with a suspended, revoked, or cancelled driver’s license. As a result, prison admissions
and bed space may decrease because the number of searches may also decrease. However, an
effect cannot be determined because the reduction in searches cannot be estimated. The current
estimated available bed capacity is 9,428 for males and 936 for females. Based upon the
Commission’s most recent ten-year projection contained in its FY 2023 Adult Inmate Prison
Population Projections report, it is estimated that the year-end population will total 7,933 male
and 764 female inmates in FY 2023 and 8,043 male and 740 female inmates in FY 2024.
The Department of Corrections indicates enactment of the bill would have a negligible
fiscal effect on the agency that could be absorbed within existing resources.
The Department of Revenue indicates enactment of the bill would allow approximately
3,300 drivers to be eligible for a restricted license, but the bill would have no fiscal effect on the
agency. Any fiscal effect associated with SB 2 is not reflected in The FY 2024 Governor’s Budget
Report.
Sincerely,
Adam Proffitt
Director of the Budget
cc: Vicki Jacobsen, Judiciary
Randy Bowman, Department of Corrections
Scott Schultz, Sentencing Commission
Lynn Robinson, Department of Revenue