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Minutes for HB2434 - Committee on Judiciary

Short Title

Revoking authority to suspend driving privileges for the nonpayment of fines from traffic citations.

Minutes Content for Tue, Feb 18, 2020

Natalie Scott provided an overview for HB2434(Attachment 36) Ms. Scott stood for questions.

Representative Gail Finney testified in support of the bill. (Attachment 37) Representative Finney saying driver's license suspensions in Kansas are at an epic level and it is hurting nearly 5% of our citizens that do not pose a threat to public safety. She explained while driver's license suspensions can keep unsafe drivers off the road, it is a major barrier the prevents people who haven't committed serious crimes from maintaining or looking for employment, getting to the doctor's office, taking children to school or daycare, going to the grocery store of looking for a place to live. This law currently is unnecessarily punitive and counterproductive and has disproportionately hurt thousands of low income Kansans who have little to no savings.

Senator Faust-Goudeau testified in support of the bill.(Attachment 38) Representative Foust-Goudeau this bill will address drivers that have been affected by allowing them to drive back and forth to work, school, etc., while making payments towards their fines. It will also remove other barriers that prevent reinstatement regarding driver licenses. She said many testifying today will speak to examples.

Austin Spillar testified in support of the bill. (Attachment 39) Mr Spillar explained suspending driver's licenses for unpaid fines and fees punishes the working poor and is counterproductive to public safety. The ACLU supports this bill it is an important step forward to addressing these issues.

Elizabeth Patton testified in support of the bill. (Attachment 40) Ms. Patton sited findings from a Supreme Court Ad Hoc Committee, "Unfortunately, driver's license suspension is very effective in trapping indigent defendants in a vicious cycle. It begins with the defendant being indigent and therefore incapable of paying the fine. The license is then suspended for failing to pay the fine. The defendant is unable to travel to work because of the suspended driver's license and is still incapable of paying the fine." She spoke for Americans for Prosperity in Kansas supporting the goal of ending the proverbial "revolving door" of crimes and penalties and instead make a policy that helps people stay on the right path.

Kyle Evans testified in support of the bill.(Attachment 41) Mr. Evans explained his personal experience that he is working to overcome. Right now, he is in too much debt from the time in his life he was a bad person and now he wants to be forgiven for his debt and move into a productive life.

Mike Fonkert testified in support of the bill. (Attachment 42) Mr. Fonkert explained ending debt-based driver’s license suspension is critical to improving public safety, workforce development, and economic growth. Driver’s license suspension should only be used to address dangerous driving and not as a collection tool.

Dr. Walt Chappell testified in support of the bill. (Attachment 43) Dr. Chappell echoed the previous testimony stating over 200,000 Kansas of all races have had their driver's license suspended because they did not have enough money to pay their traffic fine and court cost within the 30-day requirement. He offered suggested amendments which are attached. (Attachment 44a)

Sheila Officer testified in support of the bill. (Attachment 44b) Ms. Officer quoted, "A government of the people, by the people, and for the people" indicating the Kansas License-For-Pay-Driver's system is a repressive system that hold hostage one's ability to maintain and sustain their livelihood and family.

Chairperson Patton allowed two additional audience members to testify without any submitted testimony.  All proponent conferees stood for questions,

The membership posed their questions to the conferees who were in support of the bill.

Chairperson Patton directed the membership to refer to the additional proponent testimony in their bill folders.

Proponent Written

Neutral

Shawn Jurgensen offered neutral testimony explaining the fiscal impact of passing this legislation. (Attachment 55) He offered an amendment to the committee which is included in his attachment. He stood for questions.

Opponent

John Goodyear provided opponent testimony for HB2434  (Attachment 56) stating the bill will remove the ability of courts to suspend driving privileges for the non-payment of fines and court costs. The League stands opposed to this-bill because it eliminates an important tool used to ensure compliance with the traffic code. Without the prospect of a suspension for the nonpayment of fines, there is nothing to keep an offender from refusing to pay the fines for traffic citations and continuing to drive. He stood for questions.

Chairperson Patton directed the membership to refer to the additional opponent testimony in their bill folders.

Opponent Written

Ed Klumpp, KS Sheriffs Assoc., KS Assoc. of Chiefs of Police, KS Peace Officers Assoc. (Attachment 57)

Chairperson Patton closed the hearing. He advised the membership the they would be working HB2554, HB2587, HB2675 and HB2546 at Wednesday's meeting.

Chairperson Patton adjourned the meeting at 5:42 p.m.