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 C. Proffitt, Director Laura Kelly, Governor Division of the Budget February 4, 2025 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 113 by Senate Committee on Transportation In accordance with KSA 75-3715a, the following fiscal note concerning SB 113 is respectfully submitted to your committee. SB 113 would allow a driver convicted of operating a vehicle at a speed of 100 miles per hour or more or 35 miles per hour or more over the maximum posted speed limit to be charged with reckless driving. Upon the first conviction, a person would be sentenced to not less than five days and no more than 90 days imprisonment or fined not less than $25 or more than $500, or both a fine and imprisonment. A second or subsequent conviction would result in not less than ten days or more than six months imprisonment or fined not less than $50 or more than $500, or both a fine and imprisonment. The Office of Judicial Administration indicates enactment of SB 113 would have a fiscal effect on Judicial Branch operations as the bill would expand the crime of reckless driving. This expansion would increase the number of cases filed in district court and result in more time spent by court employees and judges processing and deciding cases. Since this crime would carry a misdemeanor penalty, there could also be more supervision of offenders required to be performed by court services officers. The Office indicates enactment of the bill would result in the collection of fees and fines assessed in those cases filed under the bill’s provisions, which would be credited to the State General Fund. However, a fiscal effect cannot be estimated. The Kansas Department of Transportation (KDOT) indicates the agency’s Traffic Records Enhancement Fund currently receives 2.23 percent of all district court fines, penalties, and forfeitures, while the agency’s Seat Belt Safety Fund receives 2.20 percent. KDOT estimates enactment of the bill would increase the number of fines collected because of the bill’s new The Honorable Mike Petersen, Chairperson Page 2—SB 113 provision concerning reckless driving, which would increase revenues to both funds; however, KDOT is unable to estimate a fiscal effect because the agency does not have enough information to estimate how many individuals would be convicted of reckless driving. The Kanas Sentencing Commission states the bill’s enactment would address only misdemeanor penalties and would have no effect on felony sentencing or prison admissions. The Department of Revenue indicates enactment of the bill would not have a fiscal effect on agency operations. Any fiscal effect associated with SB 113 is not reflected in The FY 2026 Governor’s Budget Report. The Kansas Association of Counties states enactment of the bill could have a fiscal effect on counties; however, the Association does not have enough information to estimate a fiscal effect. Sincerely, Adam C. Proffitt Director of the Budget cc: Lynn Robinson, Department of Revenue Brendan Yorkey, Department of Transportation Jay Hall, Kansas Association of Counties Scott Schultz, Kansas Sentencing Commission Trisha Morrow, Judiciary