SENATE BILL No. 500
AN ACT concerning drivers' licenses; relating to failure to comply with a traffic citation;
authorizing certain individuals to be eligible for restricted driving privileges;
permitting individuals with restricted driving privileges to drive to and from dropping
off or picking up children from school or child care, to and from purchasing groceries
or fuel and to and from religious worship services; amending K.S.A. 8-286 and 8-
2110 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 8-286 is hereby amended to read as follows: 8-
286. Whenever the files and records of the division shall disclose that
the record of convictions of any person is such that the person is an
habitual violator, as prescribed by K.S.A. 8-285, and amendments
thereto, the division promptly shall revoke the person's driving
privileges for a period of three years, except as allowed under
subsection (d)(4) of K.S.A. 8-235(d)(3) and 8-2110, and amendments
thereto.
Sec. 2. K.S.A. 8-2110 is hereby amended to read as follows: 8-
2110. (a) Failure to comply with a traffic citation means failure either
to: (1) Appear before any district or municipal court in response to a
traffic citation and pay in full any fine and court costs imposed as
ordered by the court; or (2) otherwise comply with a traffic citation as
provided in K.S.A. 8-2118, and amendments thereto. Failure to comply
with a traffic citation is a misdemeanor, regardless of the disposition of
the charge for which such citation was originally issued.
(b) (1) (A) In addition to penalties of law applicable under
subsection (a), when a person fails to comply with a traffic citation,
except for illegal parking, standing or stopping any violations provided
in subparagraph (C), the district or municipal court in which the person
should have complied with the citation shall mail notice to the person
that if the person does not appear in district or municipal court or pay
all fines, court costs and any penalties as ordered by the court within 30
days from the date of mailing notice, the division of vehicles will be
notified to suspend the person's driving privileges unless such person is
eligible for restricted driving privileges pursuant to subparagraph (B).
If the person is eligible for restricted driving privileges, the division of
vehicles shall restrict such person's driving privileges pursuant to the
terms set forth in subparagraph (B). The district or municipal court
may charge an additional fee of $5 for mailing such notice. Upon the
person's failure to comply within such 30 days of mailing notice, the
district or municipal court shall electronically notify the division of
vehicles unless the district or municipal court has determined pursuant
to a written order that the person shall fulfill any requirements set forth
by the court prior to the suspension. Failure to abide by the terms of
the order shall result in the court notifying the division of vehicles that
the person's license shall be suspended for the failure to comply with a
traffic citation. Upon receipt of a report of a failure to comply with a
traffic citation under this subsection, pursuant to K.S.A. 8-255, and
amendments thereto, the division of vehicles shall notify the violator
and suspend the license of the violator until satisfactory evidence of
substantial compliance with the terms of the traffic citation has been
furnished to the informing court unless such person is eligible for
restricted driving privileges pursuant to subparagraph (B). If the
person is eligible for restricted driving privileges, the division of
vehicles shall notify the violator that the person's driving privileges are
restricted pursuant to the terms set forth in subparagraph (B). When
the court determines the person has complied is in substantial
compliance with the terms of the traffic citation, the court shall
immediately electronically notify the division of vehicles of such
compliance. Upon receipt of notification of such compliance from the
informing court, the division of vehicles shall terminate the restriction, SENATE BILL No. 500—page 2
suspension or suspension action.
(B) (i) When restricted driving privileges are approved pursuant
to this subsection, the person's driving privileges shall be restricted to
driving only under the following circumstances:
(a) In going to or returning from the person's place of employment
or schooling;
(b) in the course of the person's employment;
(c) in going to or returning from an appointment with a healthcare
provider or during a medical emergency;
(d) in going to and returning from probation or parole meetings,
drug or alcohol counseling or any place the person is required to go by
a court;
(e) in going to or returning from dropping off or picking up one or
more children from school or child care;
(f) in going to or returning from purchasing groceries or fuel for
their vehicle; and
(g) in going to or returning from any religious worship service
held by a religious organization.
(ii) A person shall not qualify for restricted driving privileges
pursuant to this subparagraph if such person has been convicted for
driving with a canceled, suspended or revoked license more than three
times or if such person is suspended for reasons other than a failure to
comply with a traffic citation at the time of application. Restricted
driving privileges approved pursuant to this subparagraph shall
remain in effect for the lesser of time of either:
(a) 60 days from the date that the division of vehicles mails notice
to the person of the restricted driving privileges;
(b) the person enters into an agreement with the court regarding
the person's failure to comply; or
(c) the rescission of the restricted driving privileges by the
division of vehicles.
(iii) The division shall rescind restricted driving privileges for any
person authorized pursuant to this subparagraph if the person is found
guilty of:
(a) A violation resulting in a license suspension, revocation or
cancellation for reasons other than failure to comply with a traffic
citation; or
(b) operating a motor vehicle in violation of restrictions provided
in clause (i) two or more times.
(iv) A person operating a motor vehicle in violation of restrictions
provided in clause (i) shall be guilty of operating a vehicle in violation
of restrictions as provided in K.S.A. 8-291, and amendments thereto.
(C) (i) Violations of the following sections or violations of
substantially similar offenses under a city ordinance shall not provide
the basis for a violation of this section: K.S.A. 8-1513, 8-1532, 8-1534,
8-1536, 8-1537, 8-1538, 8-1543, 8-1569, 8-1571, 8-1572, 8-1573, 8-
1578, 8-1578a, 8-1583, 8-1585, 8-1586, 8-1588, 8-1589, 8-1590, 8-
1591, 8-1592, 8-15,102, 8-15,108, 8-15,113, 8-1744, 21-5607, 21-
5810, 21-5815, 21-5816, 21-5817, 21-6203, 41-715, 41-727, 66-1330,
68-2106, 75-4510a and 79-34,112, and amendments thereto.
(ii) The provisions of this subparagraph shall be construed and
applied retroactively. A person may petition the district or municipal
court in which the person should have complied with the citation that
led to a prior violation of this section. If the court determines that the
person committed an offense that does not provide the basis for a
violation of this section, as amended by this act, the court shall
immediately electronically notify the division of vehicles. Upon receipt
of such notification from the informing court, the division of vehicles
shall terminate any restriction, suspension or suspension action that SENATE BILL No. 500—page 3
resulted from the prior violation of this section.
(2) (A) In lieu of suspension under paragraph (1), the driver may
submit to the division of vehicles a written request for restricted driving
privileges. The driver may apply and be eligible for restricted driving
privileges pursuant to this paragraph if such driver has previously
been approved for restricted driving privileges pursuant to paragraph
(1).
(B) (i) A person whose driving privileges have been revoked
solely for driving a motor vehicle on any highway as defined in K.S.A.
8-1424, and amendments thereto, of this state at a time when such
person's privilege to do so was canceled, suspended or revoked for
failure to comply with a traffic citation pursuant to this section may
submit to the division of vehicles a written request for restricted driving
privileges. A person shall not qualify for restricted driving privileges
pursuant to this section if such person has been convicted for driving
with a canceled, suspended or revoked license more than three times or
if such person is suspended for reasons other than a failure to comply
with a traffic citation at the time of application. Restricted driving
privileges approved pursuant to this subparagraph shall remain in
effect unless otherwise rescinded for the lesser of time of either:
(a) The remainder of the period of time that such person's driving
privileges are revoked; or
(b) three years from the date when the restricted driving privileges
were approved.
(ii) The division shall rescind restricted driving privileges for any
person authorized pursuant to this subparagraph if the person is found
guilty of a violation resulting in a license suspension, revocation or
cancellation for reasons other than failure to comply with a traffic
citation.
(iii) A person operating a motor vehicle in violation of restrictions
provided in subparagraph (D) shall be guilty of operating a vehicle in
violation of restrictions as provided in K.S.A. 8-291, and amendments
thereto.
(C) A person whose driver's license has expired during the period
when such person's driver's license has been suspended for failure to
pay fines for traffic citations, the driver may submit to the division of
vehicles a written request for restricted driving privileges. An
individualperson shall not qualify for restricted driving privileges
pursuant to this section unless the following conditions are met:
(i) The suspended license that expired was issued by the division
of vehicles;
(ii) the suspended license resulted from the individual's failure to
comply with a traffic citation pursuant to subsection (b)(1); and
(iii) the traffic citation that resulted in the failure to comply
pursuant to subsection (b)(1) was issued in this state.
(C)(D) Upon review and approval of the driver's eligibility, the
driving privileges will be restricted by the division of vehicles for a
period up to one year or until the terms of the traffic citation have been
substantially complied with and the court shall immediately
electronically notify the division of vehicles of such compliance. If the
driver fails to substantially comply with the traffic citation within the
one year restricted period, the driving privileges will be suspended by
the division of vehicles until the court determines the person has
substantially complied with the terms of the traffic citation and the
court shall immediately electronically notify the division of vehicles of
such substantial compliance. Upon receipt of notification of such
compliance from the informing court, the division of vehicles shall
terminate the suspension action. When restricted driving privileges are
approved pursuant to this section, the person's driving privileges shall SENATE BILL No. 500—page 4
be restricted to driving only under the following circumstances:
(i) In going to or returning from the person's place of employment
or schooling;
(ii) in the course of the person's employment;
(iii) in going to or returning from an appointment with a health
care provider or during a medical emergency; and
(iv) in going to and returning from probation or parole meetings,
drug or alcohol counseling or any place the person is required to go by
a court;
(v) in going to or returning from dropping off or picking up one or
more children from school or child care;
(vi) in going to or returning from purchasing groceries or fuel for
their vehicle; and
(vii) in going to or returning from any religious worship service
held by a religious organization.
(c) On and after July 1, 2018, Except as provided in subsection
(d), when the district or municipal court notifies the division of vehicles
of a failure to comply with a traffic citation pursuant to subsection (b),
the court shall assess a reinstatement fee of $100 for each charge on
which the person failed to make satisfaction regardless of the
disposition of the charge for which such citation was originally issued
and regardless of any application for restricted driving privileges. Such
reinstatement fee shall be in addition to any fine, restricted driving
privilege application fee, district or municipal court costs and other
penalties. The court shall remit all reinstatement fees to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury and shall
credit the first $15 of such reinstatement fee to the state general fund
and of the remaining amount, 29.41% of such moneys to the division of
vehicles operating fund, 22.06% to the community alcoholism and
intoxication programs fund created by K.S.A. 41-1126, and
amendments thereto, 7.36% to the juvenile alternatives to detention
fund created by K.S.A. 79-4803, and amendments thereto, and 41.17%
to the state general fund.
(d) The district court or municipal court shall waive the
reinstatement fee provided for in subsection (c), if the failure to comply
with a traffic citation was the result of such person enlisting in or being
drafted into the armed services of the United States, being called into
service as a member of a reserve component of the military service of
the United States, or volunteering for such active duty, or being called
into service as a member of the state of Kansas national guard, or
volunteering for such active duty, and being absent from Kansas
because of such military service.
(e) (1) A person who is assessed a reinstatement fee pursuant to
subsection (c) may petition the court that assessed the fee at any time to
waive payment of the fee, any additional charge imposed pursuant to
subsection (f), or any portion thereof. If it appears to the satisfaction of
the court that payment of the amount due will impose manifest hardship
on the person or the person's immediate family, the court may waive
payment of all or part of the amount due or modify the method of
payment.
(2) A person who is assessed a fine or court costs for a traffic
citation may petition the court that assessed the fine or costs at any time
to waive payment of the fine or costs, or any portion thereof. If it
appears to the satisfaction of the court that payment of the amount due
will impose manifest hardship on the person or the person's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment. SENATE BILL No. 500—page 5
(3) The clerk of the district court and the clerk of the municipal
court shall make forms available to any person seeking to petition the
court to waive or reduce traffic fines, court costs or reinstatement fees.
(f) Except as provided further, the reinstatement fee established in
this section shall be the only fee collected or moneys in the nature of a
fee collected for such reinstatement. Such fee shall only be established
by an act of the legislature and no other authority is established by law
or otherwise to collect a fee. On and after July 1, 2019, through June
30, 2025, the supreme court may impose an additional charge, not to
exceed $22 per reinstatement fee, to fund the costs of non-judicial
personnel.
(g) (1) Prior to issuing an order pursuant to this section that
notifies the division of vehicles to restrict or suspend a person's driving
privileges, the court shall consider:
(A) Waiver or reduction of fees, fines and court costs and allowing
for payment plans for any fees, fines and court costs; and
(B) alternative requirements in lieu of restriction or suspension of
driving privileges, including, but not limited to, alcohol or drug
treatment or community service.
(2) Nothing in this subsection shall be construed to require the
court to make written findings or written payment plan orders.
(h) (1) Any conviction for a failure to comply pursuant to this
section shall not be considered by the district or municipal court or the
division of vehicles in determining suspended or restricted driving
privileges if such conviction is more than five years old.
(2) After the expiration of five years from the date of conviction,
the division shall notify by mail any persons whose driving privileges
were suspended or restricted and have not since been restored. The
division shall notify the person that the person may be eligible for
driving privileges as a result of the expiration of the five years from the
conviction for the failure to comply.
(3) The provisions of this subsection shall be construed and
applied retroactively.
(i) As used in this section, "substantial compliance" or
"substantially complied" means the person has followed the orders of
the court involving payments of fines, court costs and any penalties and
has not failed substantially in making payments or satisfying the terms
of the court order.
Sec. 3. K.S.A. 8-286 and 8-2110 are hereby repealed. SENATE BILL No. 500—page 6
Sec. 4. This act shall take effect and be in force from and after
January 1, 2025, and its publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.