SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 500
As Amended by Senate Committee on Judiciary
Brief*
SB 500, as amended, would amend law pertaining to
restricted driving privileges for certain individuals who violate
the misdemeanor offense of failure to comply with a traffic
citation (failure to comply).
The bill would become effective upon publication in the
Kansas Register.
Failure to Comply with a Traffic Citation
Payment of Fines, Court Costs, and Penalties
Under continuing law, failure to appear in court in
response to a traffic citation and pay fines and court costs
associated with such citation constitutes failure to comply.
Upon such failure, the individual has 30 days to appear and
pay fines, court costs, and penalties before the driving
privileges of the individual are required to be suspended.
The bill would amend requirements that any such fines,
court costs, or penalties be paid in full, to instead require
payment of such sums as ordered by the court.
____________________
*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 Reinstatement Fees
The bill would limit reinstatement fees assessed under
continuing law following failure to comply to a single fee of
$100.
[Note: Current law imposes a separate $100
reinstatement fee for each charge associated with the citation
with which the individual did not comply, regardless of the
disposition of the charge.]
Hardship Waivers; Installment Plans; Community Service
Credits
The bill would remove existing language allowing waiver
of fines or court costs assessed for a traffic citation and would
instead allow a person to petition for an economic hardship
waiver that would allow the court to offset part or all of the
balance owed by such person. If the court denies an
economic hardship petition, the bill would require a written
explanation stating reasons for denial be provided to the
petitioner.
The bill would require the Kansas Department of
Revenue (KDOR) to make a waiver application form available
for download on its website and in each jurisdictions’ clerk of
court office.
Hardship waivers would be required to include options
for monthly installment payments, credits earned by doing
community service, or credits earned by attending court-
approved classes.
If the court allows monthly installment payments, such
payments would be calculated based on all anticipated fines,
fees, and costs owed within that jurisdiction and correspond
to the person’s ability to pay. The monthly payment amount
would be the greater of $10 or 2 percent of the person’s
annual net income, divided by 12.
2- 500 If the court allows credits to be earned to offset fines and
costs, the bill would specify such credits could be earned by
attending online courses aimed at defensive and safe driving
techniques or a state-approved traffic school program. The
bill would specify the court must approve any community
service or classes before credit is received. Credits would be
calculated as $15 for each hour spent doing community
service and $15 for each hour spent attending classes.
Offense Look-back
The bill would prohibit courts or the Division of Vehicles,
KDOR (Division), from considering any conviction for a failure
to comply that is older than five years in determinations of
suspension of or restriction of driving privileges. The bill
would require the Division to notify suspended or restricted
individuals whose driving privileges have not since been
restored that they may be eligible for driving privileges
pursuant to this provision.
Exclusions
Continuing law excludes illegal parking, standing, or
stopping as grounds for failure to comply. The bill would also
exclude certain violations not pertaining to the operation of a
motor vehicle, as enumerated by the bill, from violations for
which noncompliance with the terms of a citation would
constitute failure to comply.
[Note: Under current law, noncompliance with any traffic
citation as defined by KSA 8-2106 constitutes grounds for
failure to comply.]
3- 500 Restricted Driving Privileges
Automatic Restriction of Driving Privileges
The bill would require the Division to restrict, rather than
suspend, the driving privileges of eligible individuals as
described below, upon a violation of failure to comply and
subsequent notification by the court.
The bill would authorize restoration of driving privileges
to be provided upon an individual entering into an agreement
with the court regarding the person’s failure to comply.
Eligibility
Individuals would be eligible for the automatic restricted
driving privileges authorized under the bill, provided:
●The individual does not have more than three
convictions for driving with a canceled, suspended,
or revoked license; and
●The license of the individual is not suspended for
reasons other than failure to comply.
The bill would specify drivers applying for restricted
driving privileges in lieu of suspension under continuing law
would be eligible to apply for a restricted license if they have
previously been approved for restricted driving privileges
under the automatic granting of restricted driving privileges
authorized by the bill.
Restricted Driving Privileges for Drivers with Revoked
Licenses for Failure to Comply
The bill would also 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.
4- 500 The bill would remove, for drivers meeting the conditions
for reinstatement under provisions of the bill, a mandatory
three-year driver’s license revocation for drivers whose
license has been suspended solely for driving while the
person’s driving privilege was canceled, suspended, or
revoked only for failure to comply.
Duration of Restrictions
The duration of restricted driving privileges would vary
depending on the circumstances in which restrictions are
granted.
For any driver granted restricted driving privileges
pursuant to the bill, the Division would be directed to restore
driving privileges upon notice of a determination by the court
that the individual has substantially complied with the terms of
the traffic citation.
The bill would define “substantial compliance” to mean
the person has followed the orders of the court involving
payments of fines, court costs, and any penalties, and has
not failed substantially in making payments or satisfying the
terms of the court order, and would replace existing
references to “compliance” in the statute with “substantial
compliance.”
Otherwise, restricted driving privileges would remain in
effect unless otherwise rescinded, as follows:
●For drivers qualifying for automatic restriction of
driving privileges prior to suspension, the lesser of:
○60 days from the date that the Division mails
notice of restricted driving privileges; or
○Upon the person entering into an agreement
with the court regarding the person’s failure to
comply.
5- 500 ●For drivers applying for restricted driving privileges
under continuing law:
○Until the terms of the traffic citation have been
substantially complied with.
●For drivers qualifying for restricted driving
privileges following license revocation, 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.
Permissible Driving Activities
The bill would add driving for the purpose of transporting
children to and from school or child care, purchasing
groceries or fuel, and attending religious worship services to
the list of driving activities permitted when restricted driving
privileges are granted for failure to comply. Permissible
driving activities would be the same for all circumstances in
which restricted driving privileges would be authorized under
the bill.
Violation of Restrictions
The bill would state a person operating a motor vehicle
in violation of restrictions authorized under the bill shall be
guilty of operating a vehicle in violation of restrictions, which
is a misdemeanor.
The bill would require the Division to rescind restricted
driving privileges authorized under the bill if the person is
found guilty of a violation, other than failure to comply, that
results in driver’s license suspension, revocation, or
cancellation.
6- 500 The bill would also require, for drivers qualifying for
automatic restriction of driving privileges prior to suspension,
the rescission of restricted driving privileges if the individual is
found guilty of operating a motor vehicle in violation of
restrictions, as provided for by the bill.
Background
The bill was introduced by the Senate Committee on
Judiciary at the request of Senator Wilborn.
Senate Committee on Judiciary
In the Senate Committee hearing, proponent testimony
was provided by Senator Faust-Goudeau, a representative of
the Kansas Association of Chiefs of Police, Kansas Sheriffs
Association, and Kansas Peace Officers Association, and
representatives of the Kansas Chamber, the Kansas
Department of Revenue, Division of Vehicles, and the
Sedgwick County Board of County Commissioners .
Proponents stated the bill would help people get out of the
cycle of traffic debt and remain in the workforce while still
being held accountable, is the product of work done by
stakeholders for the last several years on the topic, and
adequately addresses concerns previously raised by the
Legislature.
Written-only proponent testimony was provided by three
representatives of the Racial Profiling Advisory Board of
Wichita.
Written-only neutral testimony was provided by a
representative of Justice Action Network.
Opponent testimony was provided by a representative
of Kansas Appleseed Center for Law and Justice, who
expressed a general opposition to debt-based license
restrictions.
7- 500 The Senate Committee adopted amendments to:
●Replace existing language regarding waiver of
fines, fees, and court costs with language providing
for hardship payment plans and credits;
●Add language excluding certain violations from the
offense of failure to comply;
●Clarify compliance under the bill must be
substantial; and
●Add driving activities that would be permitted for a
person with restricted driving privileges.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration (OJA) states enactment of the bill could have
an unknown fiscal effect on Judicial Branch operations due to
the potential for increased processing time required by filings
under the provisions of the bill. OJA estimates enactment of
the bill could result in a decrease in driver’s license
reinstatement fees, fines, and other court costs, which would
affect both the State General Fund (SGF) and other state
funds.
KDOR indicates that the bill would require $1,250 from
SGF in fiscal year 2025 to implement the bill and to modify its
systems utilizing existing staff, though additional expenditures
for outside contract programmer services beyond the KDOR’s
current budget may be required if implementation of the bill
exceeds existing resources. KDOR also indicates changes to
reinstatement fees could have an unknown effect on the
proportion of those fees credited to the Division of Vehicles
Operating Fund. Any fiscal effect associated with enactment
8- 500 of the bill is not reflected in The FY 2025 Governor’s Budget
Report.
The League of Kansas Municipalities states enactment
of the bill would not have a fiscal effect on cities. The Kansas
Association of Counties is unable to estimate a fiscal effect
for counties resulting from the enactment of the bill.
Driver's licenses; suspension; revocation; restricted driving privileges; failure to
comply with a citation
9- 500