KS
Kansas Senate Bill SB341

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB341 Compare Versions

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11 Session of 2024
22 SENATE BILL No. 341
33 By Committee on Federal and State Affairs
44 1-11
55 AN ACT concerning drivers' licenses; authorizing certain individuals with
66 revoked licenses to be eligible for restricted driving privileges;
77 permitting individuals with restricted driving privileges to drive to and
88 from dropping off or picking up children from school or child care;
99 amending K.S.A. 8-286 and 8-2110 and repealing the existing sections.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 Section 1. K.S.A. 8-286 is hereby amended to read as follows: 8-286.
1212 Whenever the files and records of the division shall disclose that the
1313 record of convictions of any person is such that the person is an habitual
1414 violator, as prescribed by K.S.A. 8-285, and amendments thereto, the
1515 division promptly shall revoke the person's driving privileges for a period
1616 of three years, except as allowed under subsection (d)(4) of K.S.A. 8-
1717 235(d)(3) and 8-2110, and amendments thereto.
1818 Sec. 2. K.S.A. 8-2110 is hereby amended to read as follows: 8-2110.
1919 (a) Failure to comply with a traffic citation means failure either to: (1)
2020 Appear before any district or municipal court in response to a traffic
2121 citation and pay in full any fine and court costs imposed; or (2) otherwise
2222 comply with a traffic citation as provided in K.S.A. 8-2118, and
2323 amendments thereto. Failure to comply with a traffic citation is a
2424 misdemeanor, regardless of the disposition of the charge for which such
2525 citation was originally issued.
2626 (b) (1) In addition to penalties of law applicable under subsection (a),
2727 when a person fails to comply with a traffic citation, except for illegal
2828 parking, standing or stopping, the district or municipal court in which the
2929 person should have complied with the citation shall may mail notice to the
3030 person that if the person does not appear in district or municipal court or
3131 pay all fines as ordered by the court, court costs and any penalties within
3232 30 days from the date of mailing notice, the division of vehicles will be
3333 notified to suspend the person's driving privileges. The district or
3434 municipal court may charge an additional fee of $5 for mailing such
3535 notice. Upon the person's failure to comply within such 30 days of mailing
3636 notice, the district or municipal court shall may electronically notify the
3737 division of vehicles. Upon receipt of a report of a failure to comply with a
3838 traffic citation under this subsection, pursuant to K.S.A. 8-255, and
3939 amendments thereto, the division of vehicles shall notify the violator and
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7676 suspend the license of the violator until satisfactory evidence of
7777 compliance with the terms of the traffic citation has been furnished to the
7878 informing court. When the court determines the person has complied with
7979 the terms of the traffic citation, the court shall immediately electronically
8080 notify the division of vehicles of such compliance. Upon receipt of
8181 notification of such compliance from the informing court, the division of
8282 vehicles shall terminate the suspension or suspension action.
8383 (2) (A) In lieu of suspension under paragraph (1), the driver may
8484 submit to the division of vehicles a written request for restricted driving
8585 privileges.
8686 (B) (i) A person whose driving privileges have been revoked solely
8787 for driving a motor vehicle on any highway as defined in K.S.A. 8-1424,
8888 and amendments thereto, of this state at a time when such person's
8989 privilege to do so was canceled, suspended or revoked for failure to
9090 comply with a traffic citation pursuant to this section may submit to the
9191 division of vehicles a written request for restricted driving privileges. A
9292 person shall not qualify for restricted driving privileges pursuant to this
9393 section if such person has been convicted for driving with a canceled,
9494 suspended or revoked license more than three times or if such person is
9595 suspended for reasons not included in this section at the time of
9696 application. Restricted driving privileges approved pursuant to this
9797 subparagraph shall remain in effect unless otherwise rescinded for the
9898 lesser of time of either:
9999 (a) The remainder of the period of time that such person's driving
100100 privileges are revoked; or
101101 (b) three years from the date when the restricted driving privileges
102102 were approved.
103103 (ii) The division shall rescind restricted driving privileges for any
104104 person authorized pursuant to this subparagraph if the person is found
105105 guilty of a violation resulting in a license suspension, revocation or
106106 cancellation for reasons other than failure to comply with a traffic
107107 citation.
108108 (iii) A person operating a motor vehicle in violation of restrictions
109109 provided in subparagraph (D) shall be guilty of operating a vehicle in
110110 violation of restrictions as provided in K.S.A. 8-291, and amendments
111111 thereto. 
112112 (C) A person whose driver's license has expired during the period
113113 when such person's driver's license has been suspended for failure to pay
114114 fines for traffic citations, the driver may submit to the division of vehicles
115115 a written request for restricted driving privileges. An individual shall not
116116 qualify for restricted driving privileges pursuant to this section unless the
117117 following conditions are met:
118118 (i) The suspended license that expired was issued by the division of
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162162 vehicles;
163163 (ii) the suspended license resulted from the individual's failure to
164164 comply with a traffic citation pursuant to subsection (b)(1); and
165165 (iii) the traffic citation that resulted in the failure to comply pursuant
166166 to subsection (b)(1) was issued in this state.
167167 (C)(D) Upon review and approval of the driver's eligibility, the
168168 driving privileges will be restricted by the division of vehicles for a period
169169 up to one year for restricted driving privileges issued pursuant to
170170 subparagraph (A) or (C), for the period of time specified in subparagraph
171171 (B) or until the terms of the traffic citation have been complied with and
172172 the court shall immediately electronically notify the division of vehicles of
173173 such compliance. If the driver fails to comply with the traffic citation
174174 within the one year restricted period, the driving privileges will be
175175 suspended by the division of vehicles until the court determines the person
176176 has complied with the terms of the traffic citation and the court shall
177177 immediately electronically notify the division of vehicles of such
178178 compliance. Upon receipt of notification of such compliance from the
179179 informing court, the division of vehicles shall terminate the suspension
180180 action. When restricted driving privileges are approved pursuant to this
181181 section, the person's driving privileges shall be restricted to driving only
182182 under the following circumstances:
183183 (i) In going to or returning from the person's place of employment or
184184 schooling;
185185 (ii) in the course of the person's employment;
186186 (iii) in going to or returning from an appointment with a health care
187187 provider or during a medical emergency; and
188188 (iv) in going to and returning from probation or parole meetings, drug
189189 or alcohol counseling or any place the person is required to go by a court;
190190 and
191191 (v) in going to or returning from dropping off or picking up one or
192192 more children from school or child care.
193193 (c) On and after July 1, 2018, except as provided in subsection (d),
194194 when the district or municipal court notifies the division of vehicles of a
195195 failure to comply with a traffic citation pursuant to subsection (b), the
196196 court shall assess a reinstatement fee of $100 for each charge on which the
197197 person failed to make satisfaction regardless of the disposition of the
198198 charge for which such citation was originally issued and regardless of any
199199 application for restricted driving privileges. Such reinstatement fee shall
200200 be in addition to any fine, restricted driving privilege application fee,
201201 district or municipal court costs and other penalties. The court shall remit
202202 all reinstatement fees to the state treasurer in accordance with the
203203 provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
204204 each such remittance, the state treasurer shall deposit the entire amount in
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248248 the state treasury and shall credit the first $15 of such reinstatement fee to
249249 the state general fund and of the remaining amount, 29.41% of such
250250 moneys to the division of vehicles operating fund, 22.06% to the
251251 community alcoholism and intoxication programs fund created by K.S.A.
252252 41-1126, and amendments thereto, 7.36% to the juvenile alternatives to
253253 detention fund created by K.S.A. 79-4803, and amendments thereto, and
254254 41.17% to the state general fund.
255255 (d) The district court or municipal court shall waive the reinstatement
256256 fee provided for in subsection (c), if the failure to comply with a traffic
257257 citation was the result of such person enlisting in or being drafted into the
258258 armed services of the United States, being called into service as a member
259259 of a reserve component of the military service of the United States, or
260260 volunteering for such active duty, or being called into service as a member
261261 of the state of Kansas national guard, or volunteering for such active duty,
262262 and being absent from Kansas because of such military service.
263263 (e) (1) A person who is assessed a reinstatement fee pursuant to
264264 subsection (c) may petition the court that assessed the fee at any time to
265265 waive payment of the fee, any additional charge imposed pursuant to
266266 subsection (f), or any portion thereof. If it appears to the satisfaction of the
267267 court that payment of the amount due will impose manifest hardship on the
268268 person or the person's immediate family, the court may waive payment of
269269 all or part of the amount due or modify the method of payment.
270270 (2) A person who is assessed a fine or court costs for a traffic citation
271271 may petition the court that assessed the fine or costs at any time to waive
272272 payment of the fine or costs, or any portion thereof. If it appears to the
273273 satisfaction of the court that payment of the amount due will impose
274274 manifest hardship on the person or the person's immediate family, the
275275 court may waive payment of all or part of the amount due or modify the
276276 method of payment.
277277 (f) Except as provided further, the reinstatement fee established in
278278 this section shall be the only fee collected or moneys in the nature of a fee
279279 collected for such reinstatement. Such fee shall only be established by an
280280 act of the legislature and no other authority is established by law or
281281 otherwise to collect a fee. On and after July 1, 2019, through June 30,
282282 2025, the supreme court may impose an additional charge, not to exceed
283283 $22 per reinstatement fee, to fund the costs of non-judicial personnel.
284284 Sec. 3. K.S.A. 8-286 and 8-2110 are hereby repealed.
285285 Sec. 4. This act shall take effect and be in force from and after its
286286 publication in the statute book.
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