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Minutes for SB100 - Committee on Transportation

Short Title

Excluding the additional 90-day wait period and providing for the elimination and delay of payment for certain fees for restricted driving privileges.

Minutes Content for Tue, Feb 23, 2021

Chairman Petersen opened the hearing on SB100.

Revisor Siebers briefed the Committee on the bill (Attachment 1).  He explained that under current law a person convicted of driving with a suspended license must wait 90 days after the suspension is lifted before the license can be renewed.  The bill would amend the statute to eliminate the 90-day extension.  He said the bill would also eliminate the required $25 application fee for a restricted license and would change the $100 reinstatement fee from a per-charge to per-case fee.

Senator Faust-Goudeau, District 29, testified as a proponent for the bill (Attachment 2).  She noted that the same bill passed the Senate last year 39-2 but died in the House when the legislature closed prematurely.  She recounted the story of a woman whose license was suspended who was cited for driving without a license as she was taking her daughter to the hospital emergency room, a situation that resulted in additional hardships for her.  She stated that the bill will enable individuals with revoked licenses to be able to drive to and from work or to a doctor's appointment.  A member commented that one result of the bill would be work-force empowerment.

Ed Klumpp, representing law-enforcement entities, noting that he was an opponent to last year's bill, spoke in support of this bill (Attachment 3).  He said during the legislative interim problem issues with the bill had been addressed, and he highlighted positive aspects of the bill:

  • Violators are held responsible for their actions;
  • Hardships caused by a revoked licences are addressed.  (The bill excludes parking tickets.);
  • Certain violations associated with a revoked license are retained; and
  • The change from a per-charge to a per-case fee is a welcome adjustment.

Mr. Klumpp expressed gratitude for the provision that allows a violator to set up a payment plan.  Responding to a question, he replied that the court has wide discretion in tailoring a penalty to the individual.

Marilyn Harp, Executive Director, Kansas Legal Services, spoke as a proponent (Attachment 4).  She said that 71% of driver's license suspensions are for failure to pay fines and fees assessed by the courts.  She identified a key provision of the bill for her constituents:  opening up the restricted license program to persons who have been ticketed and found guilty for driving while suspended.  She commented that removing this barrier will enable individuals to drive to and from work and thus support their families.

Elizabeth Patton, State Director, Americans for Prosperity, spoke in support of the bill.  Noting the importance of a driver's license, she said the bill will stop the cycle of suspension for failure to pay fines/fees and will enable individuals to keep their jobs (Attachment 5).

Deborah Barnes, Staff Attorney, League of Kansas Municipalities, speaking as a proponent stated that levying reinstatement fees perpetuates the cycle of violations that burdens violators; the bill removes that impediment (Attachment 6).

Dr. Walt Chappell, Vice-Chair, Racial Profiling Advisory Board of Wichita, via WebEx testified as a proponent (Attachment 7).  He referenced previous work that brought the bill to fruition and noted that over 200,000 Kansans have had their driver's license suspended because they did not have money to pay the original fine within 30 days.  He included in his testimony a recommended amendment to  strengthen the bill, to wit:

  • It would allow an individual to call the court rather than being required to appear in person;
  • It introduces a hardship waiver application;
  • It would give a judge authority to suspend warrants and waive fees; and
  • It would allow a judge to expunge previous records of fines (Attachment 8).

Mike Fonkert, Just Campaign Director, Kansas Appleseed Center for Law and Justice, spoke in support of the bill (Attachment 9).  He commented on the vicious cycle created by unpaid fees and fines and that Kansas has the sixth highest suspension rate in the nation.  He stated that over 75% of drivers with suspended licenses are still driving, and he noted the negative ripple effect on families and communities.

The following was submitted as written-only testimony.  Some includes the amendment recommended by Conferee Walt Chappell:

Shawn Jurgensen, Special Counsel to the Chief Justice, Judicial Branch, presented neutral testimony on the bill (Attachment 24).  He traced the financial and administrative impact were the bill to pass and provided details on each provision of the bill and the funding shortfalls that will occur; he identified the loss caused by change in the reinstatement fee assessment to be 44% of the court's funding, a total of $749,813 annually.  He said if the bill passes, the funding shortfall would threaten employee salaries, and he urged members to recommend alternative funding sources to compensate for the lost revenue.  Mr. Jurgensen attached an amendment to his testimony as a recommended adjustment to the bill.  

Written-only neutral testimony was submitted by:

The hearing on SB 100 was closed.

The meeting was adjourned at 9:29 a.m.  The next meeting is scheduled for Wednesday, February 24, 2021.