Kansas 2023-2024 Regular Session

Kansas Senate Bill SB288 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2023
2	2	SENATE BILL No. 288
3	3	By Committee on Federal and State Affairs
4	4	3-2
5	5	AN ACT concerning drivers' licenses; authorizing certain individuals with
6	6	revoked licenses to be eligible for restricted driving privileges;
7	7	amending K.S.A. 8-2110 and repealing the existing section.
8	8	Be it enacted by the Legislature of the State of Kansas:
9	9	Section 1. K.S.A. 8-2110 is hereby amended to read as follows: 8-
10	10	2110. (a) Failure to comply with a traffic citation means failure either to:
11	11	(1) Appear before any district or municipal court in response to a traffic
12	12	citation and pay in full any fine and court costs imposed; or (2) otherwise
13	13	comply with a traffic citation as provided in K.S.A. 8-2118, and
14	14	amendments thereto. Failure to comply with a traffic citation is a
15	15	misdemeanor, regardless of the disposition of the charge for which such
16	16	citation was originally issued.
17	17	(b) (1) In addition to penalties of law applicable under subsection (a),
18	18	when a person fails to comply with a traffic citation, except for illegal
19	19	parking, standing or stopping, the district or municipal court in which the
20	20	person should have complied with the citation shall mail notice to the
21	21	person that if the person does not appear in district or municipal court or
22	22	pay all fines, court costs and any penalties within 30 days from the date of
23	23	mailing notice, the division of vehicles will be notified to suspend the
24	24	person's driving privileges. The district or municipal court may charge an
25	25	additional fee of $5 for mailing such notice. Upon the person's failure to
26	26	comply within such 30 days of mailing notice, the district or municipal
27	27	court shall electronically notify the division of vehicles. Upon receipt of a
28	28	report of a failure to comply with a traffic citation under this subsection,
29	29	pursuant to K.S.A. 8-255, and amendments thereto, the division of
30	30	vehicles shall notify the violator and suspend the license of the violator
31	31	until satisfactory evidence of compliance with the terms of the traffic
32	32	citation has been furnished to the informing court. When the court
33	33	determines the person has complied with the terms of the traffic citation,
34	34	the court shall immediately electronically notify the division of vehicles of
35	35	such compliance. Upon receipt of notification of such compliance from the
36	36	informing court, the division of vehicles shall terminate the suspension or
37	37	suspension action.
38	38	(2) (A) In lieu of suspension under paragraph (1), the driver may
39	39	submit to the division of vehicles a written request for restricted driving
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76	76	privileges.
77	77	(B) (i) A person whose driving privileges have been revoked solely
78	78	for driving a motor vehicle on any highway as defined in K.S.A. 8-1424,
79	79	and amendments thereto, of this state at a time when such person's
80	80	privilege to do so was canceled, suspended or revoked for failure to
81	81	comply with a traffic citation pursuant to this section may submit to the
82	82	division of vehicles a written request for restricted driving privileges. A
83	83	person shall not qualify for restricted driving privileges pursuant to this
84	84	section if such person has been convicted for driving with a canceled,
85	85	suspended or revoked license more than three times or if such person is
86	86	suspended for reasons not included in this section at the time of
87	87	application. Restricted driving privileges approved pursuant to this
88	88	subparagraph shall remain in effect unless otherwise rescinded for the
89	89	lesser of time of either:
90	90	(a) The remainder of the period of time that such person's driving
91	91	privileges are revoked; or
92	92	(b) three years from the date when the restricted driving privileges
93	93	were approved.
94	94	(ii) The division shall rescind restricted driving privileges for any
95	95	person authorized pursuant to this subparagraph if the person is found
96	96	guilty of a violation resulting in a license suspension, revocation or
97	97	cancellation for reasons other than failure to comply with a traffic
98	98	citation.
99	99	(iii) A person operating a motor vehicle in violation of restrictions
100	100	provided in clause (i) shall be guilty of operating a vehicle in violation of
101	101	restrictions as provided in K.S.A. 8-291, and amendments thereto.
102	102	(C) A person whose driver's license has expired during the period
103	103	when such person's driver's license has been suspended for failure to pay
104	104	fines for traffic citations, the driver may submit to the division of vehicles
105	105	a written request for restricted driving privileges. An individual shall not
106	106	qualify for restricted driving privileges pursuant to this section unless the
107	107	following conditions are met: (i) The suspended license that expired was
108	108	issued by the division of vehicles; (ii) the suspended license resulted from
109	109	the individual's failure to comply with a traffic citation pursuant to
110	110	subsection (b)(1); and (iii) the traffic citation that resulted in the failure to
111	111	comply pursuant to subsection (b)(1) was issued in this state.
112	112	(C)(D) Upon review and approval of the driver's eligibility, the
113	113	driving privileges will be restricted by the division of vehicles for a period
114	114	up to one year for restricted driving privileges issued pursuant to
115	115	subparagraph (A) or (C), for the period of time specified in subparagraph
116	116	(B) or until the terms of the traffic citation have been complied with and
117	117	the court shall immediately electronically notify the division of vehicles of
118	118	such compliance. If the driver fails to comply with the traffic citation
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162	162	within the one year restricted period, the driving privileges will be
163	163	suspended by the division of vehicles until the court determines the person
164	164	has complied with the terms of the traffic citation and the court shall
165	165	immediately electronically notify the division of vehicles of such
166	166	compliance. Upon receipt of notification of such compliance from the
167	167	informing court, the division of vehicles shall terminate the suspension
168	168	action. When restricted driving privileges are approved pursuant to this
169	169	section, the person's driving privileges shall be restricted to driving only
170	170	under the following circumstances: (i) In going to or returning from the
171	171	person's place of employment or schooling; (ii) in the course of the
172	172	person's employment; (iii) in going to or returning from an appointment
173	173	with a health care provider or during a medical emergency; and (iv) in
174	174	going to and returning from probation or parole meetings, drug or alcohol
175	175	counseling or any place the person is required to go by a court.
176	176	(c) On and after July 1, 2018, except as provided in subsection (d),
177	177	when the district or municipal court notifies the division of vehicles of a
178	178	failure to comply with a traffic citation pursuant to subsection (b), the
179	179	court shall assess a reinstatement fee of $100 for each charge on which the
180	180	person failed to make satisfaction regardless of the disposition of the
181	181	charge for which such citation was originally issued and regardless of any
182	182	application for restricted driving privileges. Such reinstatement fee shall
183	183	be in addition to any fine, restricted driving privilege application fee,
184	184	district or municipal court costs and other penalties. The court shall remit
185	185	all reinstatement fees to the state treasurer in accordance with the
186	186	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
187	187	each such remittance, the state treasurer shall deposit the entire amount in
188	188	the state treasury and shall credit the first $15 of such reinstatement fee to
189	189	the state general fund and of the remaining amount, 29.41% of such
190	190	moneys to the division of vehicles operating fund, 22.06% to the
191	191	community alcoholism and intoxication programs fund created by K.S.A.
192	192	41-1126, and amendments thereto, 7.36% to the juvenile alternatives to
193	193	detention fund created by K.S.A. 79-4803, and amendments thereto, and
194	194	41.17% to the state general fund.
195	195	(d) The district court or municipal court shall waive the reinstatement
196	196	fee provided for in subsection (c), if the failure to comply with a traffic
197	197	citation was the result of such person enlisting in or being drafted into the
198	198	armed services of the United States, being called into service as a member
199	199	of a reserve component of the military service of the United States, or
200	200	volunteering for such active duty, or being called into service as a member
201	201	of the state of Kansas national guard, or volunteering for such active duty,
202	202	and being absent from Kansas because of such military service.
203	203	(e) (1) A person who is assessed a reinstatement fee pursuant to
204	204	subsection (c) may petition the court that assessed the fee at any time to
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248	248	waive payment of the fee, any additional charge imposed pursuant to
249	249	subsection (f), or any portion thereof. If it appears to the satisfaction of the
250	250	court that payment of the amount due will impose manifest hardship on the
251	251	person or the person's immediate family, the court may waive payment of
252	252	all or part of the amount due or modify the method of payment.
253	253	(2) A person who is assessed a fine or court costs for a traffic citation
254	254	may petition the court that assessed the fine or costs at any time to waive
255	255	payment of the fine or costs, or any portion thereof. If it appears to the
256	256	satisfaction of the court that payment of the amount due will impose
257	257	manifest hardship on the person or the person's immediate family, the
258	258	court may waive payment of all or part of the amount due or modify the
259	259	method of payment.
260	260	(f) Except as provided further, the reinstatement fee established in
261	261	this section shall be the only fee collected or moneys in the nature of a fee
262	262	collected for such reinstatement. Such fee shall only be established by an
263	263	act of the legislature and no other authority is established by law or
264	264	otherwise to collect a fee. On and after July 1, 2019, through June 30,
265	265	2025, the supreme court may impose an additional charge, not to exceed
266	266	$22 per reinstatement fee, to fund the costs of non-judicial personnel.
267	267	Sec. 2. K.S.A. 8-2110 is hereby repealed.
268	268	Sec. 3. This act shall take effect and be in force from and after its
269	269	publication in the statute book.
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