SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 2
As Amended by Senate Committee on
Transportation
Brief*
SB 2, as amended, would authorize a restricted driver’s
license for a person whose driving privileges have been
revoked for driving while the person’s driving privilege was
canceled, suspended, or revoked only for failure to comply
with a traffic citation. However, a person with more than three
convictions for driving with a canceled, suspended, or
revoked license would not qualify for such a restricted
license. Approved restricted driving privileges would remain in
effect unless otherwise rescinded for the lesser of the
remainder of time the person’s driving privileges are revoked
or three years from the date the restricted driving privileges
were approved.
The bill would direct the Division of Vehicles,
Department of Revenue, to rescind restricted driving
privileges authorized under the bill if the person is found guilty
of a violation, other than failure to comply with a traffic
citation, that results in driver’s license suspension,
revocation, or cancellation.
The bill would state a person operating a motor vehicle
in violation of the restrictions imposed shall be guilty of
operating a vehicle in violation of restrictions, which is a
misdemeanor.
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*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 Background
The bill was pre-filed for introduction by Senator Faust-
Goudeau.
Senate Committee on Transportation
In the Senate Committee hearing on January 24, 2023,
proponent testimony was provided by Senator Faust-
Goudeau, the chairperson of the Kansas NAACP,
representatives of Americans for Prosperity-Kansas and
Racial Profiling Advisory Board of Wichita, and a private
citizen. Written-only proponent testimony was provided by
representatives of American Civil Liberties Union-Kansas,
Kansas Appleseed Center for Law and Justice, Kansas
Association of Chiefs of Police, Kansas Chamber, Kansas
Peace Officers Association, Kansas Sheriffs Association,
Overland Park Chamber, and The Caring Center of Wichita,
and by three private citizens. The proponents stated Kansas
has a high rate of driver’s license suspensions, failure to
comply with a traffic citation is not directly related to highway
safety, and driver’s licenses enable employment.
No other testimony was provided.
On January 31, 2023, a representative of the Legislative
Division of Post Audit (LPA) presented the April 2022 LPA
report “Impacts and Financial Aspects of the Kansas Driver’s
License Suspension and Revocation Process” to the Senate
Committee.
The Senate Committee amended the bill to specify the
period of time the restricted driving privileges would remain in
effect.
2- 2 Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Department of
Revenue states enactment of the bill would allow
approximately 3,300 people to be eligible for restricted
driver’s licenses. It also states enactment of the bill would
have no fiscal effect on the agency.
The Office of Judicial Administration states enactment of
the bill could increase the number of cases filed in district
courts because it would create a crime. However, a fiscal
effect cannot be determined because the number of
additional cases is unknown.
The Kansas Sentencing Commission indicates
enactment of the bill may decrease the number of prison
beds needed, as fewer individuals would be arrested for
driving a motor vehicle with a suspended, revoked, or
canceled driver’s license and subject to a related search that
could produce evidence of felony violations. However, an
effect cannot be determined because the reduction in
searches cannot be estimated. The Department of
Corrections indicates enactment of the bill would have a
negligible fiscal effect on the agency.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2024 Governor’s Budget Report.
Driver’s license; traffic citation; restricted license
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