KS
Kansas Senate Bill SB500

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB500 Compare Versions

The same version is selected twice. Please select two different versions to compare.
OldNewDifferences
11 Session of 2024
22 SENATE BILL No. 500
33 By Committee on Judiciary
44 2-9
55 AN ACT concerning drivers' licenses; authorizing certain individuals to be
66 eligible for restricted driving privileges; permitting individuals with
77 restricted driving privileges to drive to and from dropping off or
88 picking up children from school or child care; amending K.S.A. 8-286
99 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 as ordered by the
2222 court; or (2) otherwise comply with a traffic citation as provided in K.S.A.
2323 8-2118, and amendments thereto. Failure to comply with a traffic citation
2424 is a misdemeanor, regardless of the disposition of the charge for which
2525 such citation was originally issued.
2626 (b) (1) (A) In addition to penalties of law applicable under subsection
2727 (a), 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 mail notice to the
3030 person that if the person does not appear in district or municipal court or
3131 pay all fines, court costs and any penalties as ordered by the court 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 unless such person is
3434 eligible for restricted driving privileges pursuant to subparagraph (B). If
3535 the person is eligible for restricted driving privileges, the division of
3636 vehicles shall restrict such person's driving privileges pursuant to the
3737 terms set forth in subparagraph (B). The district or municipal court may
3838 charge an additional fee of $5 for mailing such notice. Upon the person's
3939 failure to comply within such 30 days of mailing notice, the district or
4040 1
4141 2
4242 3
4343 4
4444 5
4545 6
4646 7
4747 8
4848 9
4949 10
5050 11
5151 12
5252 13
5353 14
5454 15
5555 16
5656 17
5757 18
5858 19
5959 20
6060 21
6161 22
6262 23
6363 24
6464 25
6565 26
6666 27
6767 28
6868 29
6969 30
7070 31
7171 32
7272 33
7373 34
7474 35
7575 36 SB 500 2
7676 municipal court shall electronically notify the division of vehicles. Upon
7777 receipt of a report of a failure to comply with a traffic citation under this
7878 subsection, pursuant to K.S.A. 8-255, and amendments thereto, the
7979 division of vehicles shall notify the violator and suspend the license of the
8080 violator until satisfactory evidence of substantial compliance with the
8181 terms of the traffic citation has been furnished to the informing court
8282 unless such person is eligible for restricted driving privileges pursuant to
8383 subparagraph (B). If the person is eligible for restricted driving privileges,
8484 the division of vehicles shall notify the violator that the person's driving
8585 privileges are restricted pursuant to the terms set forth in subparagraph
8686 (B). When the court determines the person has complied is in substantial
8787 compliance with the terms of the traffic citation, the court shall
8888 immediately electronically notify the division of vehicles of such
8989 compliance. Upon receipt of notification of such compliance from the
9090 informing court, the division of vehicles shall terminate the restriction,
9191 suspension or suspension action.
9292 (B) (i) When restricted driving privileges are approved pursuant to
9393 this subsection, the person's driving privileges shall be restricted to
9494 driving only under the following circumstances:
9595 (a) In going to or returning from the person's place of employment or
9696 schooling;
9797 (b) in the course of the person's employment;
9898 (c) in going to or returning from an appointment with a healthcare
9999 provider or during
100100 a medical emergency;
101101 (d) in going to and returning from probation or parole meetings, drug
102102 or alcohol
103103 counseling or any place the person is required to go by a court; and
104104 (e) in going to or returning from dropping off or picking up one or
105105 more children from
106106 school or child care.
107107 (ii) A person shall not qualify for restricted driving privileges
108108 pursuant to this subparagraph if such person has been convicted for
109109 driving with a canceled, suspended or revoked license more than three
110110 times or if such person is suspended for reasons other than a failure to
111111 comply with a traffic citation at the time of application. Restricted driving
112112 privileges approved pursuant to this subparagraph shall remain in effect
113113 for the lesser of time of either:
114114 (a) 60 days from the date that the division of vehicles mails notice to
115115 the person of the restricted driving privileges;
116116 (b) the person enters into an agreement with the court regarding the
117117 person's failure to comply; or
118118 (c) the rescission of the restricted driving privileges by the division of
119119 1
120120 2
121121 3
122122 4
123123 5
124124 6
125125 7
126126 8
127127 9
128128 10
129129 11
130130 12
131131 13
132132 14
133133 15
134134 16
135135 17
136136 18
137137 19
138138 20
139139 21
140140 22
141141 23
142142 24
143143 25
144144 26
145145 27
146146 28
147147 29
148148 30
149149 31
150150 32
151151 33
152152 34
153153 35
154154 36
155155 37
156156 38
157157 39
158158 40
159159 41
160160 42
161161 43 SB 500 3
162162 vehicles.
163163 (iii) The division shall rescind restricted driving privileges for any
164164 person authorized pursuant to this subparagraph if the person is found
165165 guilty of:
166166 (a) A violation resulting in a license suspension, revocation or
167167 cancellation for reasons other than failure to comply with a traffic
168168 citation; or
169169 (b) operating a motor vehicle in violation of restrictions provided in
170170 clause (i) two or more times.
171171 (iv) A person operating a motor vehicle in violation of restrictions
172172 provided in clause (i) shall be guilty of operating a vehicle in violation of
173173 restrictions as provided in K.S.A. 8-291, and amendments thereto.
174174 (2) (A) In lieu of suspension under paragraph (1), the driver may
175175 submit to the division of vehicles a written request for restricted driving
176176 privileges. The driver may apply and be eligible for restricted driving
177177 privileges pursuant to this paragraph if such driver has previously been
178178 approved for restricted driving privileges pursuant to paragraph (1).
179179 (B) (i) A person whose driving privileges have been revoked solely
180180 for driving a motor vehicle on any highway as defined in K.S.A. 8-1424,
181181 and amendments thereto, of this state at a time when such person's
182182 privilege to do so was canceled, suspended or revoked for failure to
183183 comply with a traffic citation pursuant to this section may submit to the
184184 division of vehicles a written request for restricted driving privileges. A
185185 person shall not qualify for restricted driving privileges pursuant to this
186186 section if such person has been convicted for driving with a canceled,
187187 suspended or revoked license more than three times or if such person is
188188 suspended for reasons other than a failure to comply with a traffic citation
189189 at the time of application. Restricted driving privileges approved pursuant
190190 to this subparagraph shall remain in effect unless otherwise rescinded for
191191 the lesser of time of either:
192192 (a) The remainder of the period of time that such person's driving
193193 privileges are revoked; or
194194 (b) three years from the date when the restricted driving privileges
195195 were approved.
196196 (ii) The division shall rescind restricted driving privileges for any
197197 person authorized pursuant to this subparagraph if the person is found
198198 guilty of a violation resulting in a license suspension, revocation or
199199 cancellation for reasons other than failure to comply with a traffic
200200 citation.
201201 (iii) A person operating a motor vehicle in violation of restrictions
202202 provided in subparagraph (D) shall be guilty of operating a vehicle in
203203 violation of restrictions as provided in K.S.A. 8-291, and amendments
204204 thereto. 
205205 1
206206 2
207207 3
208208 4
209209 5
210210 6
211211 7
212212 8
213213 9
214214 10
215215 11
216216 12
217217 13
218218 14
219219 15
220220 16
221221 17
222222 18
223223 19
224224 20
225225 21
226226 22
227227 23
228228 24
229229 25
230230 26
231231 27
232232 28
233233 29
234234 30
235235 31
236236 32
237237 33
238238 34
239239 35
240240 36
241241 37
242242 38
243243 39
244244 40
245245 41
246246 42
247247 43 SB 500 4
248248 (C) A person whose driver's license has expired during the period
249249 when such person's driver's license has been suspended for failure to pay
250250 fines for traffic citations, the driver may submit to the division of vehicles
251251 a written request for restricted driving privileges. An individual shall not
252252 qualify for restricted driving privileges pursuant to this section unless the
253253 following conditions are met:
254254 (i) The suspended license that expired was issued by the division of
255255 vehicles;
256256 (ii) the suspended license resulted from the individual's failure to
257257 comply with a traffic citation pursuant to subsection (b)(1); and
258258 (iii) the traffic citation that resulted in the failure to comply pursuant
259259 to subsection (b)(1) was issued in this state.
260260 (C)(D) Upon review and approval of the driver's eligibility, the
261261 driving privileges will be restricted by the division of vehicles for a period
262262 up to one year for restricted driving privileges issued pursuant to
263263 subparagraph (A) or (C), for the period of time specified in subparagraph
264264 (B) or until the terms of the traffic citation have been substantially
265265 complied with and the court shall immediately electronically notify the
266266 division of vehicles of such compliance. If the driver fails to comply with
267267 the traffic citation within the one year restricted period, the driving
268268 privileges will be suspended by the division of vehicles until the court
269269 determines the person has complied with the terms of the traffic citation
270270 and the court shall immediately electronically notify the division of
271271 vehicles of such compliance. Upon receipt of notification of such
272272 compliance from the informing court, the division of vehicles shall
273273 terminate the suspension action. When restricted driving privileges are
274274 approved pursuant to this section, the person's driving privileges shall be
275275 restricted to driving only under the following circumstances:
276276 (i) In going to or returning from the person's place of employment or
277277 schooling;
278278 (ii) in the course of the person's employment;
279279 (iii) in going to or returning from an appointment with a health care
280280 provider or during a medical emergency; and
281281 (iv) in going to and returning from probation or parole meetings, drug
282282 or alcohol counseling or any place the person is required to go by a court;
283283 and
284284 (v) in going to or returning from dropping off or picking up one or
285285 more children from school or child care.
286286 (c) On and after July 1, 2018, except as provided in subsection (d),
287287 when the district or municipal court notifies the division of vehicles of a
288288 failure to comply with a traffic citation pursuant to subsection (b), the
289289 court shall assess a reinstatement fee of $100 for each charge on which the
290290 person failed to make satisfaction regardless of the disposition of the
291291 1
292292 2
293293 3
294294 4
295295 5
296296 6
297297 7
298298 8
299299 9
300300 10
301301 11
302302 12
303303 13
304304 14
305305 15
306306 16
307307 17
308308 18
309309 19
310310 20
311311 21
312312 22
313313 23
314314 24
315315 25
316316 26
317317 27
318318 28
319319 29
320320 30
321321 31
322322 32
323323 33
324324 34
325325 35
326326 36
327327 37
328328 38
329329 39
330330 40
331331 41
332332 42
333333 43 SB 500 5
334334 charge for which such citation was originally issued and regardless of any
335335 application for restricted driving privileges. Such reinstatement fee shall
336336 be in addition to any fine, restricted driving privilege application fee,
337337 district or municipal court costs and other penalties. The court shall remit
338338 all reinstatement fees to the state treasurer in accordance with the
339339 provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
340340 each such remittance, the state treasurer shall deposit the entire amount in
341341 the state treasury and shall credit the first $15 of such reinstatement fee to
342342 the state general fund and of the remaining amount, 29.41% of such
343343 moneys to the division of vehicles operating fund, 22.06% to the
344344 community alcoholism and intoxication programs fund created by K.S.A.
345345 41-1126, and amendments thereto, 7.36% to the juvenile alternatives to
346346 detention fund created by K.S.A. 79-4803, and amendments thereto, and
347347 41.17% to the state general fund.
348348 (d) The district court or municipal court shall waive the reinstatement
349349 fee provided for in subsection (c), if the failure to comply with a traffic
350350 citation was the result of such person enlisting in or being drafted into the
351351 armed services of the United States, being called into service as a member
352352 of a reserve component of the military service of the United States, or
353353 volunteering for such active duty, or being called into service as a member
354354 of the state of Kansas national guard, or volunteering for such active duty,
355355 and being absent from Kansas because of such military service.
356356 (e) (1) A person who is assessed a reinstatement fee pursuant to
357357 subsection (c) may petition the court that assessed the fee at any time to
358358 waive payment of the fee, any additional charge imposed pursuant to
359359 subsection (f), or any portion thereof. If it appears to the satisfaction of the
360360 court that payment of the amount due will impose manifest hardship on the
361361 person or the person's immediate family, the court may waive payment of
362362 all or part of the amount due or modify the method of payment.
363363 (2) A person who is assessed a fine or court costs for a traffic citation
364364 may petition the court that assessed the fine or costs at any time to waive
365365 payment of the fine or costs, or any portion thereof. If it appears to the
366366 satisfaction of the court that payment of the amount due will impose
367367 manifest hardship on the person or the person's immediate family, the
368368 court may waive payment of all or part of the amount due or modify the
369369 method of payment.
370370 (3) The clerk of the district court and the clerk of the municipal court
371371 shall make forms available to any person seeking to motion the court to
372372 waive or reduce traffic fines, court costs or reinstatement fees.
373373 (f) Except as provided further, the reinstatement fee established in
374374 this section shall be the only fee collected or moneys in the nature of a fee
375375 collected for such reinstatement. Such fee shall only be established by an
376376 act of the legislature and no other authority is established by law or
377377 1
378378 2
379379 3
380380 4
381381 5
382382 6
383383 7
384384 8
385385 9
386386 10
387387 11
388388 12
389389 13
390390 14
391391 15
392392 16
393393 17
394394 18
395395 19
396396 20
397397 21
398398 22
399399 23
400400 24
401401 25
402402 26
403403 27
404404 28
405405 29
406406 30
407407 31
408408 32
409409 33
410410 34
411411 35
412412 36
413413 37
414414 38
415415 39
416416 40
417417 41
418418 42
419419 43 SB 500 6
420420 otherwise to collect a fee. On and after July 1, 2019, through June 30,
421421 2025, the supreme court may impose an additional charge, not to exceed
422422 $22 per reinstatement fee, to fund the costs of non-judicial personnel.
423423 (g) As used in this section, "substantial compliance" or "substantially
424424 complied" means the person has followed the orders of the court involving
425425 payments of fines, court costs and any penalties and has not failed
426426 substantially in making payments or satisfying the terms of the court order.
427427 Sec. 3. K.S.A. 8-286 and 8-2110 are hereby repealed.
428428 Sec. 4. This act shall take effect and be in force from and after its
429429 publication in the statute book.
430430 1
431431 2
432432 3
433433 4
434434 5
435435 6
436436 7
437437 8
438438 9
439439 10