Session of 2025
HOUSE BILL No. 2020
By Representative Proctor
1-16
AN ACT concerning driver's licenses of noncitizens; requiring the director
of the division of motor vehicles to make monthly reports of names and
addresses of noncitizens to the secretary of state; amending K.S.A. 8-
240 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. The director of the division of motor vehicles shall
provide a list of all permanent and temporary drivers' licenses issued to
noncitizens quarterly and forward this list to the secretary of state. The list
shall contain the names, addresses, phone numbers, social security
numbers, dates of birth, temporary drivers' license numbers and expiration
dates of such licenses. The secretary of state shall compare such lists with
the voter registration rolls and delete any names of noncitizens that appear
on the voter rolls. The secretary of state shall notify any person removed
from the voter registration rolls that the person may be reinstated on the
voter registration rolls by providing proof of their citizenship.
Sec. 2. K.S.A. 8-240 is hereby amended to read as follows: 8-240. (a)
(1) Every application for an instruction permit shall be made upon a form
furnished by the division of vehicles and accompanied by a fee of $2 for
class A, B, C or M and $5 for all commercial classes. Every other
application shall be made upon a form furnished by the division and
accompanied by an examination fee of $3, unless a different fee is required
by K.S.A. 8-241, and amendments thereto, and by the proper fee for the
license for which the application is made. All commercial class applicants
shall be charged a $15 driving test fee for the drive test portion of the
commercial driver's license application. If the applicant is not required to
take an examination or the commercial license drive test, the examination
or commercial drive test fee shall not be required. The examination shall
consist of three tests, as follows: (A) Vision; (B) written; and (C) driving.
For a commercial driver's license, the drive test shall consist of three
components, as follows: (A) Pre-trip; (B) skills test; and (C) road test. If
the applicant fails the vision test, the applicant may have correction of
vision made and take the vision test again without any additional fee. If an
applicant fails the written test, the applicant may take such test again upon
the payment of an additional examination fee of $1.50. If an applicant fails
the driving test, the applicant may take such test again upon the payment
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of an additional examination fee of $1.50. If an applicant for a commercial
driver's license fails any portion of the commercial drive test, the applicant
may take such test again upon the payment of an additional drive test fee
of $10. If an applicant fails to pass all three of the tests within a period of
six months from the date of original application and desires to take
additional tests, the applicant shall file an application for reexamination
upon a form furnished by the division, which shall be accompanied by a
reexamination fee of $3, except that any applicant who fails to pass the
written or driving portion of an examination four times within a six-month
period, shall be required to wait a period of six months from the date of the
last failed examination before additional examinations may be given.
Upon the filing of such application and the payment of such reexamination
fee, the applicant shall be entitled to reexamination in like manner and
subject to the additional fees and time limitation as provided for
examination on an original application. If the applicant passes the
reexamination, the applicant shall be issued the classified driver's license
for which the applicant originally applied, which license shall be issued to
expire as if the applicant had passed the original examination.
(2) Applicants for class M licenses who have completed prior
motorcycle safety training in accordance with department of defense
instruction 6055.04 (DoDI 6055.04) or the motorcycle safety foundation
are not required to complete further written and driving testing pursuant to
paragraph (1). An applicant seeking exemption from the written and
driving tests pursuant to this paragraph shall provide a copy of the
motorcycle safety foundation completion form to the division prior to
receiving a class M license.
(3) On and after January 1, 2017, an applicant for a class M license
who passes a driving examination on a three-wheeled motorcycle that is
not an autocycle shall have a restriction placed on such applicant's license
limiting the applicant to the operation of a registered three-wheeled
motorcycle. An applicant for a class M license who passes a driving
examination on a two-wheeled motorcycle may operate any registered
two-wheeled or three-wheeled motorcycle. The driving examination
required by this paragraph shall be administered by the division, by the
department of defense or as part of a curriculum recognized by the
motorcycle safety foundation.
(b) (1) For the purposes of obtaining any driver's license or
instruction permit, an applicant shall submit, with the application, proof of
age and proof of identity as the division may require. The applicant also
shall provide a photo identity document, except that a non-photo identity
document is acceptable if it includes both the applicant's full legal name
and date of birth, and documentation showing the applicant's name, the
applicant's address of principal residence and the applicant's social security
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number. The applicant's social security number shall remain confidential
and shall not be disclosed, except as provided pursuant to K.S.A. 74-2012,
and amendments thereto. If the applicant does not have a social security
number, the applicant shall provide proof of lawful presence and Kansas
residency. The division shall assign a distinguishing number to the license
or permit.
(2) The division shall not issue any driver's license or instruction
permit to any person who fails to provide proof that the person is lawfully
present in the United States. Before issuing a driver's license or instruction
permit to a person, the division shall require valid documentary evidence
that the applicant: (A) Is a citizen or national of the United States; (B) is an
alien lawfully admitted for permanent or temporary residence in the
United States; (C) has conditional permanent resident status in the United
States; (D) has an approved application for asylum in the United States or
has entered into the United States in refugee status; (E) has a valid,
unexpired nonimmigrant visa or nonimmigrant visa status for entry into
the United States; (F) has a pending application for asylum in the United
States; (G) has a pending or approved application for temporary protected
status in the United States; (H) has approved deferred action status; or (I)
has a pending application for adjustment of status to that of an alien
lawfully admitted for permanent residence in the United States or
conditional permanent resident status in the United States.
(3) If an applicant provides evidence of lawful presence set out in
subsections (b)(2)(E) through (2)(I), or is an alien lawfully admitted for
temporary residence under subsection (b)(2)(B), the division may only
issue a driver's license to the person under the following conditions: (A) A
driver's license issued pursuant to this subparagraph shall be valid only
during the period of time of the applicant's authorized stay in the United
States or, if there is no definite end to the period of authorized stay, a
period of one year; (B) a driver's license issued pursuant to this
subparagraph shall clearly indicate that it is temporary and shall state the
date on which it expires; (C) no driver's license issued pursuant to this
subparagraph shall be for a longer period of time than the time period
permitted by K.S.A. 8-247(a), and amendments thereto; and (D) a driver's
license issued pursuant to this subparagraph may be renewed, subject at
the time of renewal, to the same requirements and conditions as set out in
this subsection (b) for the issuance of the original driver's license.
(4) The division shall not issue any driver's license or instruction
permit to any person who is not a resident of the state of Kansas, except as
provided in K.S.A. 8-2,148, and amendments thereto.
(5) The division shall not issue a driver's license to a person holding a
driver's license issued by another state without making reasonable efforts
to confirm that the person is terminating or has terminated the driver's
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license in the other state.
(6) The parent or guardian of an applicant under 16 years of age shall
sign the application for any driver's license submitted by such applicant.
(c) Every application shall state the full legal name, date of birth,
gender and address of principal residence of the applicant, and briefly
describe the applicant, and shall state whether the applicant has been
licensed as a driver prior to such application, and, if so, when and by what
state or country. Such application shall state whether any such license has
ever been suspended or revoked, or whether an application has ever been
refused, and, if so, the date of and reason for such suspension, revocation
or refusal. In addition, applications for commercial drivers' licenses and
instruction permits for commercial licenses must shall include the
following: The applicant's social security number;, the person's signature;
and the person's: (1) Digital color image or photograph; or (2) a laser
engraved photograph;, certifications, including those required by 49 C.F.R.
§ 383.71(a), effective January 1, 1991;, a consent to release driving record
information; and, any other information required by the division. Each
application for a driver's license shall include a question asking if the
applicant is willing to give such applicant's authorization to be listed as an
organ, eye or tissue donor in the Kansas donor registry in accordance with
the revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244,
and amendments thereto. The gift would become effective upon the death
of the donor.
(d) When an application is received from a person previously licensed
in another jurisdiction, the division shall request a copy of the driver's
record from the other jurisdiction. When received, the driver's record shall
become a part of the driver's record in this state with the same force and
effect as though entered on the driver's record in this state in the original
instance.
(e) When the division receives a request for a driver's record from
another licensing jurisdiction the record shall be forwarded without charge.
(f) A fee shall be charged as follows:
(1) For a class C driver's license issued to a person at least 21 years of
age, but less than 65 years of age, $18;
(2) for a class C driver's license issued to a person 65 years of age or
older, $12;
(3) for a class M driver's license issued to a person at least 21 years of
age, but less than 65 years of age, $12.50;
(4) for a class M driver's license issued to a person 65 years of age or
older, $9;
(5) for a class A or B driver's license issued to a person who is at least
21 years of age, but less than 65 years of age, $24;
(6) for a class A or B driver's license issued to a person 65 years of
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age or older, $16;
(7) for any class of commercial driver's license issued to a person 21
years of age or older, $18; or
(8) for class A, B, C or M, or a farm permit, or any commercial
driver's license issued to a person less than 21 years of age, $20.
A fee of $10 shall be charged for each commercial driver's license
endorsement, except air brake endorsements, which shall have no charge.
A fee of $3 per year shall be charged for any renewal of a license issued
prior to the effective date of this act to a person less than 21 years of age.
If one fails to make an original application or renewal application for a
driver's license within the time required by law, or fails to make
application within 60 days after becoming a resident of Kansas, a penalty
of $1 shall be added to the fee charged for the driver's license.
(g) Any person who possesses an identification card as provided in
K.S.A. 8-1324, and amendments thereto, shall surrender such
identification card to the division upon being issued a valid Kansas driver's
license or upon reinstatement and return of a valid Kansas driver's license.
(h) The division shall require that any person applying for a driver's
license submit to a mandatory facial image capture. The captured facial
image shall be displayed on the front of the applicant's driver's license.
(i) The director of vehicles may issue a temporary driver's license to
an applicant who cannot provide valid documentary evidence as defined
by subsection (b)(2), if the applicant provides compelling evidence
proving current lawful presence. Any temporary license issued pursuant to
this subsection shall be valid for one year.
(j) (1) For purposes of this subsection, the division may rely on the
division's most recent, existing color digital image and signature image of
the applicant for the class C or M driver's license or any class of
commercial driver's license if the division has the information on file. The
determination on whether an electronic online renewal application or
equivalent of a driver's license is permitted shall be made by the director of
vehicles or the director's designee. The division shall not renew a driver's
license through an electronic online or equivalent process if the license has
been previously renewed through an electronic online application in the
immediately preceding driver's license period. No renewal under this
subsection shall be granted to any person who is:
(A) Younger than 30 days from turning 21 years of age;
(B) 65 years of age or older;
(C) a registered offender pursuant to K.S.A. 22-4901 et seq., and
amendments thereto;
(D) a person issued a temporary driver's license issued pursuant to
K.S.A. 8-240(b)(3), and amendments thereto, provided the license is not
otherwise withdrawn; or
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(E) a person issued a commercial driver's license that has a hazardous
materials endorsement.
(2) The vision examination requirements in K.S.A. 8-247(e), and
amendments thereto, are not required for electronic online renewal
applications, except that the electronic online renewal applicant must
certify under penalty of law that the applicant's vision satisfies the
requirements of K.S.A. 8-295, and amendments thereto, and has
undergone an examination of eyesight by a licensed ophthalmologist or a
licensed optometrist within the last year. As a condition for any electronic
online renewal application, the applicant must: (A) Authorize the exchange
of vision and medical information between the division and the applicant's
ophthalmologist or optometrist; and (B) is at least 21 years of age, but less
than 65 years of age. The ophthalmologist or optometrist shall have four
business days to confirm or deny the vision and medical information of the
applicant. If no response is received by the division, the division shall
accept the vision and medical information provided for processing the
renewal application. The waiver of vision examination for online renewal
applications contained within this subsection shall expire on July 1, 2022.
(3) The secretary of revenue shall adopt and administer rules and
regulations to implement a program to permit an electronic online renewal
of a driver's license, including, but not limited to, requirements that an
electronic online renewal applicant shall have previously provided
documentation of identity, lawful presence and residence to the division
for electronic scanning.
(4) Prior to February 1, 2022, the division shall report to the house
and the senate committees on transportation regarding the online renewal
process of this subsection and its effects to safety on the state's roads and
highways.
(5) Any person seeking to renew a commercial driver's license
pursuant to this subsection shall be required to provide the division with a
valid medical examiner's certificate and proof of completion of the
truckers against trafficking training.
(k) The director of the division of motor vehicles shall submit a
quarterly report to the secretary of state for all persons for whom a
driver's license has been issued as required by section 1, and amendments
thereto.
Sec. 3. K.S.A. 8-240 is 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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