Session of 2024
SENATE BILL No. 500
By Committee on Judiciary
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AN ACT concerning drivers' licenses; 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; 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, 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
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municipal court shall electronically notify the division of vehicles. 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,
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; and
(e) in going to or returning from dropping off or picking up one or
more children from
school or child care.
(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
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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.
(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.
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(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 individual 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 for restricted driving privileges issued pursuant to
subparagraph (A) or (C), for the period of time specified in subparagraph
(B) 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 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 complied with the terms of the traffic citation
and 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 suspension action. When restricted driving privileges are
approved pursuant to this section, the person's driving privileges shall 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;
and
(v) in going to or returning from dropping off or picking up one or
more children from school or child care.
(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
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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.
(3) The clerk of the district court and the clerk of the municipal court
shall make forms available to any person seeking to motion 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
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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) 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.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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