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Kansas House Bill HB2020

Kansas 2025-2026 Regular Session

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11 Session of 2025
22 HOUSE BILL No. 2020
33 By Representative Proctor
44 1-16
55 AN ACT concerning driver's licenses of noncitizens; requiring the director
66 of the division of motor vehicles to make monthly reports of names and
77 addresses of noncitizens to the secretary of state; amending K.S.A. 8-
88 240 and repealing the existing section.
99 Be it enacted by the Legislature of the State of Kansas:
1010 New Section 1. The director of the division of motor vehicles shall
1111 provide a list of all permanent and temporary drivers' licenses issued to
1212 noncitizens quarterly and forward this list to the secretary of state. The list
1313 shall contain the names, addresses, phone numbers, social security
1414 numbers, dates of birth, temporary drivers' license numbers and expiration
1515 dates of such licenses. The secretary of state shall compare such lists with
1616 the voter registration rolls and delete any names of noncitizens that appear
1717 on the voter rolls. The secretary of state shall notify any person removed
1818 from the voter registration rolls that the person may be reinstated on the
1919 voter registration rolls by providing proof of their citizenship.
2020 Sec. 2. K.S.A. 8-240 is hereby amended to read as follows: 8-240. (a)
2121 (1) Every application for an instruction permit shall be made upon a form
2222 furnished by the division of vehicles and accompanied by a fee of $2 for
2323 class A, B, C or M and $5 for all commercial classes. Every other
2424 application shall be made upon a form furnished by the division and
2525 accompanied by an examination fee of $3, unless a different fee is required
2626 by K.S.A. 8-241, and amendments thereto, and by the proper fee for the
2727 license for which the application is made. All commercial class applicants
2828 shall be charged a $15 driving test fee for the drive test portion of the
2929 commercial driver's license application. If the applicant is not required to
3030 take an examination or the commercial license drive test, the examination
3131 or commercial drive test fee shall not be required. The examination shall
3232 consist of three tests, as follows: (A) Vision; (B) written; and (C) driving.
3333 For a commercial driver's license, the drive test shall consist of three
3434 components, as follows: (A) Pre-trip; (B) skills test; and (C) road test. If
3535 the applicant fails the vision test, the applicant may have correction of
3636 vision made and take the vision test again without any additional fee. If an
3737 applicant fails the written test, the applicant may take such test again upon
3838 the payment of an additional examination fee of $1.50. If an applicant fails
3939 the driving test, the applicant may take such test again upon the payment
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7676 of an additional examination fee of $1.50. If an applicant for a commercial
7777 driver's license fails any portion of the commercial drive test, the applicant
7878 may take such test again upon the payment of an additional drive test fee
7979 of $10. If an applicant fails to pass all three of the tests within a period of
8080 six months from the date of original application and desires to take
8181 additional tests, the applicant shall file an application for reexamination
8282 upon a form furnished by the division, which shall be accompanied by a
8383 reexamination fee of $3, except that any applicant who fails to pass the
8484 written or driving portion of an examination four times within a six-month
8585 period, shall be required to wait a period of six months from the date of the
8686 last failed examination before additional examinations may be given.
8787 Upon the filing of such application and the payment of such reexamination
8888 fee, the applicant shall be entitled to reexamination in like manner and
8989 subject to the additional fees and time limitation as provided for
9090 examination on an original application. If the applicant passes the
9191 reexamination, the applicant shall be issued the classified driver's license
9292 for which the applicant originally applied, which license shall be issued to
9393 expire as if the applicant had passed the original examination.
9494 (2) Applicants for class M licenses who have completed prior
9595 motorcycle safety training in accordance with department of defense
9696 instruction 6055.04 (DoDI 6055.04) or the motorcycle safety foundation
9797 are not required to complete further written and driving testing pursuant to
9898 paragraph (1). An applicant seeking exemption from the written and
9999 driving tests pursuant to this paragraph shall provide a copy of the
100100 motorcycle safety foundation completion form to the division prior to
101101 receiving a class M license.
102102 (3) On and after January 1, 2017, an applicant for a class M license
103103 who passes a driving examination on a three-wheeled motorcycle that is
104104 not an autocycle shall have a restriction placed on such applicant's license
105105 limiting the applicant to the operation of a registered three-wheeled
106106 motorcycle. An applicant for a class M license who passes a driving
107107 examination on a two-wheeled motorcycle may operate any registered
108108 two-wheeled or three-wheeled motorcycle. The driving examination
109109 required by this paragraph shall be administered by the division, by the
110110 department of defense or as part of a curriculum recognized by the
111111 motorcycle safety foundation.
112112 (b) (1) For the purposes of obtaining any driver's license or
113113 instruction permit, an applicant shall submit, with the application, proof of
114114 age and proof of identity as the division may require. The applicant also
115115 shall provide a photo identity document, except that a non-photo identity
116116 document is acceptable if it includes both the applicant's full legal name
117117 and date of birth, and documentation showing the applicant's name, the
118118 applicant's address of principal residence and the applicant's social security
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162162 number. The applicant's social security number shall remain confidential
163163 and shall not be disclosed, except as provided pursuant to K.S.A. 74-2012,
164164 and amendments thereto. If the applicant does not have a social security
165165 number, the applicant shall provide proof of lawful presence and Kansas
166166 residency. The division shall assign a distinguishing number to the license
167167 or permit.
168168 (2) The division shall not issue any driver's license or instruction
169169 permit to any person who fails to provide proof that the person is lawfully
170170 present in the United States. Before issuing a driver's license or instruction
171171 permit to a person, the division shall require valid documentary evidence
172172 that the applicant: (A) Is a citizen or national of the United States; (B) is an
173173 alien lawfully admitted for permanent or temporary residence in the
174174 United States; (C) has conditional permanent resident status in the United
175175 States; (D) has an approved application for asylum in the United States or
176176 has entered into the United States in refugee status; (E) has a valid,
177177 unexpired nonimmigrant visa or nonimmigrant visa status for entry into
178178 the United States; (F) has a pending application for asylum in the United
179179 States; (G) has a pending or approved application for temporary protected
180180 status in the United States; (H) has approved deferred action status; or (I)
181181 has a pending application for adjustment of status to that of an alien
182182 lawfully admitted for permanent residence in the United States or
183183 conditional permanent resident status in the United States.
184184 (3) If an applicant provides evidence of lawful presence set out in
185185 subsections (b)(2)(E) through (2)(I), or is an alien lawfully admitted for
186186 temporary residence under subsection (b)(2)(B), the division may only
187187 issue a driver's license to the person under the following conditions: (A) A
188188 driver's license issued pursuant to this subparagraph shall be valid only
189189 during the period of time of the applicant's authorized stay in the United
190190 States or, if there is no definite end to the period of authorized stay, a
191191 period of one year; (B) a driver's license issued pursuant to this
192192 subparagraph shall clearly indicate that it is temporary and shall state the
193193 date on which it expires; (C) no driver's license issued pursuant to this
194194 subparagraph shall be for a longer period of time than the time period
195195 permitted by K.S.A. 8-247(a), and amendments thereto; and (D) a driver's
196196 license issued pursuant to this subparagraph may be renewed, subject at
197197 the time of renewal, to the same requirements and conditions as set out in
198198 this subsection (b) for the issuance of the original driver's license.
199199 (4) The division shall not issue any driver's license or instruction
200200 permit to any person who is not a resident of the state of Kansas, except as
201201 provided in K.S.A. 8-2,148, and amendments thereto.
202202 (5) The division shall not issue a driver's license to a person holding a
203203 driver's license issued by another state without making reasonable efforts
204204 to confirm that the person is terminating or has terminated the driver's
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248248 license in the other state.
249249 (6) The parent or guardian of an applicant under 16 years of age shall
250250 sign the application for any driver's license submitted by such applicant.
251251 (c) Every application shall state the full legal name, date of birth,
252252 gender and address of principal residence of the applicant, and briefly
253253 describe the applicant, and shall state whether the applicant has been
254254 licensed as a driver prior to such application, and, if so, when and by what
255255 state or country. Such application shall state whether any such license has
256256 ever been suspended or revoked, or whether an application has ever been
257257 refused, and, if so, the date of and reason for such suspension, revocation
258258 or refusal. In addition, applications for commercial drivers' licenses and
259259 instruction permits for commercial licenses must shall include the
260260 following: The applicant's social security number;, the person's signature;
261261 and the person's: (1) Digital color image or photograph; or (2) a laser
262262 engraved photograph;, certifications, including those required by 49 C.F.R.
263263 § 383.71(a), effective January 1, 1991;, a consent to release driving record
264264 information; and, any other information required by the division. Each
265265 application for a driver's license shall include a question asking if the
266266 applicant is willing to give such applicant's authorization to be listed as an
267267 organ, eye or tissue donor in the Kansas donor registry in accordance with
268268 the revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244,
269269 and amendments thereto. The gift would become effective upon the death
270270 of the donor.
271271 (d) When an application is received from a person previously licensed
272272 in another jurisdiction, the division shall request a copy of the driver's
273273 record from the other jurisdiction. When received, the driver's record shall
274274 become a part of the driver's record in this state with the same force and
275275 effect as though entered on the driver's record in this state in the original
276276 instance.
277277 (e) When the division receives a request for a driver's record from
278278 another licensing jurisdiction the record shall be forwarded without charge.
279279 (f) A fee shall be charged as follows:
280280 (1) For a class C driver's license issued to a person at least 21 years of
281281 age, but less than 65 years of age, $18;
282282 (2) for a class C driver's license issued to a person 65 years of age or
283283 older, $12;
284284 (3) for a class M driver's license issued to a person at least 21 years of
285285 age, but less than 65 years of age, $12.50;
286286 (4) for a class M driver's license issued to a person 65 years of age or
287287 older, $9;
288288 (5) for a class A or B driver's license issued to a person who is at least
289289 21 years of age, but less than 65 years of age, $24;
290290 (6) for a class A or B driver's license issued to a person 65 years of
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334334 age or older, $16;
335335 (7) for any class of commercial driver's license issued to a person 21
336336 years of age or older, $18; or
337337 (8) for class A, B, C or M, or a farm permit, or any commercial
338338 driver's license issued to a person less than 21 years of age, $20.
339339 A fee of $10 shall be charged for each commercial driver's license
340340 endorsement, except air brake endorsements, which shall have no charge.
341341 A fee of $3 per year shall be charged for any renewal of a license issued
342342 prior to the effective date of this act to a person less than 21 years of age.
343343 If one fails to make an original application or renewal application for a
344344 driver's license within the time required by law, or fails to make
345345 application within 60 days after becoming a resident of Kansas, a penalty
346346 of $1 shall be added to the fee charged for the driver's license.
347347 (g) Any person who possesses an identification card as provided in
348348 K.S.A. 8-1324, and amendments thereto, shall surrender such
349349 identification card to the division upon being issued a valid Kansas driver's
350350 license or upon reinstatement and return of a valid Kansas driver's license.
351351 (h) The division shall require that any person applying for a driver's
352352 license submit to a mandatory facial image capture. The captured facial
353353 image shall be displayed on the front of the applicant's driver's license.
354354 (i) The director of vehicles may issue a temporary driver's license to
355355 an applicant who cannot provide valid documentary evidence as defined
356356 by subsection (b)(2), if the applicant provides compelling evidence
357357 proving current lawful presence. Any temporary license issued pursuant to
358358 this subsection shall be valid for one year.
359359 (j) (1) For purposes of this subsection, the division may rely on the
360360 division's most recent, existing color digital image and signature image of
361361 the applicant for the class C or M driver's license or any class of
362362 commercial driver's license if the division has the information on file. The
363363 determination on whether an electronic online renewal application or
364364 equivalent of a driver's license is permitted shall be made by the director of
365365 vehicles or the director's designee. The division shall not renew a driver's
366366 license through an electronic online or equivalent process if the license has
367367 been previously renewed through an electronic online application in the
368368 immediately preceding driver's license period. No renewal under this
369369 subsection shall be granted to any person who is:
370370 (A) Younger than 30 days from turning 21 years of age;
371371 (B) 65 years of age or older;
372372 (C) a registered offender pursuant to K.S.A. 22-4901 et seq., and
373373 amendments thereto;
374374 (D) a person issued a temporary driver's license issued pursuant to
375375 K.S.A. 8-240(b)(3), and amendments thereto, provided the license is not
376376 otherwise withdrawn; or
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420420 (E) a person issued a commercial driver's license that has a hazardous
421421 materials endorsement.
422422 (2) The vision examination requirements in K.S.A. 8-247(e), and
423423 amendments thereto, are not required for electronic online renewal
424424 applications, except that the electronic online renewal applicant must
425425 certify under penalty of law that the applicant's vision satisfies the
426426 requirements of K.S.A. 8-295, and amendments thereto, and has
427427 undergone an examination of eyesight by a licensed ophthalmologist or a
428428 licensed optometrist within the last year. As a condition for any electronic
429429 online renewal application, the applicant must: (A) Authorize the exchange
430430 of vision and medical information between the division and the applicant's
431431 ophthalmologist or optometrist; and (B) is at least 21 years of age, but less
432432 than 65 years of age. The ophthalmologist or optometrist shall have four
433433 business days to confirm or deny the vision and medical information of the
434434 applicant. If no response is received by the division, the division shall
435435 accept the vision and medical information provided for processing the
436436 renewal application. The waiver of vision examination for online renewal
437437 applications contained within this subsection shall expire on July 1, 2022.
438438 (3) The secretary of revenue shall adopt and administer rules and
439439 regulations to implement a program to permit an electronic online renewal
440440 of a driver's license, including, but not limited to, requirements that an
441441 electronic online renewal applicant shall have previously provided
442442 documentation of identity, lawful presence and residence to the division
443443 for electronic scanning.
444444 (4) Prior to February 1, 2022, the division shall report to the house
445445 and the senate committees on transportation regarding the online renewal
446446 process of this subsection and its effects to safety on the state's roads and
447447 highways.
448448 (5) Any person seeking to renew a commercial driver's license
449449 pursuant to this subsection shall be required to provide the division with a
450450 valid medical examiner's certificate and proof of completion of the
451451 truckers against trafficking training.
452452 (k) The director of the division of motor vehicles shall submit a
453453 quarterly report to the secretary of state for all persons for whom a
454454 driver's license has been issued as required by section 1, and amendments
455455 thereto.
456456 Sec. 3. K.S.A. 8-240 is hereby repealed.
457457 Sec. 4. This act shall take effect and be in force from and after its
458458 publication in the statute book.
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