HOUSE BILL No. 2020
AN ACT concerning driver's licenses of noncitizens; requiring the director of the division
of motor vehicles to make quarterly 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 of noncitizens shall contain the names, addresses, phone numbers,
social security numbers, dates of birth, alien registration numbers,
temporary drivers' license numbers and expiration dates of such
licenses. The secretary of state shall compare such lists with the voter
registration rolls and, after an investigation, direct the county election
officer to remove within five business days any names of noncitizens
that appear on the voter rolls. The county election officer 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 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 HOUSE BILL No. 2020—page 2
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 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 HOUSE BILL No. 2020—page 3
terminated the driver's 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
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 HOUSE BILL No. 2020—page 4
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
(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. HOUSE BILL No. 2020—page 5
(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 Kansas register.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.