Kansas 2025-2026 Regular Session

Kansas Senate Bill SB230 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 230
33 By Committee on Transportation
44 2-6
55 AN ACT concerning drivers' licenses; relating to the division of vehicles;
66 permitting the division of vehicles to establish or contract with an entity
77 to issue digital proof of driver's licenses and digital proof of
88 identification; regulating the use thereof; providing fees on such digital
99 proof of driver's license and identification cards; amending K.S.A. 8-
1010 235, 8-240, 8-1325 and 8-1328 and K.S.A. 2024 Supp. 8-243 and 8-
1111 1324 and repealing the existing sections.
1212 Be it enacted by the Legislature of the State of Kansas:
1313 New Section 1. As used in sections 1 through 8, and amendments
1414 thereto:
1515 (a) "Digital proof of driver's license" means a driver's license that is
1616 viewable on an electronic credentialing system.
1717 (b) "Digital proof of identification card" means an identification card
1818 that is viewable on an electronic credentialing system.
1919 (c) "Electronic credentialing system" means a computer system
2020 accessed using a computer, cellular telephone or any other personal device
2121 that queries the division of vehicle's driver's license and identification card
2222 records, displays or transmits digital proofs of drivers' licenses and digital
2323 proof of identification cards and verifies the authenticity of those
2424 electronic credentials.
2525 (d) "Limited profile" means access to an electronic credentialing
2626 system containing some, but not all, of the information displayed on a
2727 printed driver's license or identification card. The information provided
2828 shall be set by the division of motor vehicles.
2929 (e) "Person" means a natural person, firm, association, partnership or
3030 corporation.
3131 (f) "Scanning" means obtaining data from a digital proof of driver's
3232 license or digital proof of identification card in an electronic format.
3333 New Sec. 2. (a) (1) The division of vehicles shall establish a secure
3434 and uniform system for issuing an optional digital proof of driver's license
3535 or digital proof of identification card. The division may contract with one
3636 or more entities that may be private or public to develop an electronic
3737 credentialing system. An entity contracted with the division for this
3838 purpose shall not use, share, sell or disclose any information obtained as
3939 part of this contract, including, but not limited to, any information about
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7676 the holder of a digital proof of driver's license and digital proof of
7777 identification card, except when necessary to satisfy the terms of the
7878 contract. Upon termination or expiration of any contract entered into for
7979 this purpose, the contracting entity shall delete within 30 days any data
8080 collected or generated in the course of activities pursuant to that contract.
8181 (2) The electronic credentialing system may not retain internet
8282 protocol addresses, geolocation data or other information that describes the
8383 location, computer, computer system or computer network from which a
8484 customer accesses the system, except when such information is necessary
8585 for the division to authenticate a digital proof of driver's license and digital
8686 proof of identification card.
8787 (b) The division may enter into contracts with one or more private or
8888 public entities that authorize online data calls or offline data verification
8989 through the electronic credentialing system that queries the division's
9090 driver's license and identification card records, displays or transmits digital
9191 proofs of drivers' licenses or digital proof of identification cards, confirms
9292 identity or verifies the authenticity of such electronic credentials.
9393 (c) The division may use a telephone number submitted by a licensee
9494 or cardholder in connection with a digital proof of driver's license and
9595 digital proof of identification card only for purposes of communication
9696 regarding the digital proof of driver's license or digital proof of
9797 identification card or the motor vehicle records, or as permitted by K.S.A.
9898 74-2012, and amendments thereto. The division may use a valid email
9999 address submitted by a licensee or cardholder in connection with the
100100 issuance of a digital proof of driver's license or digital proof of
101101 identification card only for purposes of communication regarding the
102102 digital proof of driver's license or digital proof of identification card or the
103103 motor vehicle records, or as permitted by K.S.A. 74- 2012, and
104104 amendments thereto.
105105 New Sec. 3. (a) The digital proof of driver's license or digital proof of
106106 identification card established by the division of vehicles or by an entity
107107 contracted by the division shall be in such a format as to allow verification
108108 of the authenticity of the digital proof of driver's license or digital proof of
109109 identification card. The secretary of revenue may adopt rules and
110110 regulations in order to ensure valid authentication of digital proof of
111111 driver's license and digital proof of identification card.
112112 (b) Notwithstanding the provisions of K.S.A. 8-240 and 8-1324, and
113113 amendments thereto, or any other law prescribing the design for, or
114114 information required to be displayed on, a driver's license or a digital proof
115115 of driver's license may comprise a limited profile that includes only
116116 information necessary to conduct a specific transaction on the electronic
117117 credentialing system.
118118 (c) Notwithstanding the provisions of K.S.A. 8-240 and, 8-1324, and
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162162 amendments thereto, or any other law prescribing the design for, or
163163 information required to be displayed on, an identification card or a digital
164164 proof of identification card may comprise a limited profile that includes
165165 only information necessary to conduct a specific transaction on the
166166 electronic credentialing system.
167167 (d) The division shall ensure that the information transmitted to the
168168 digital proof of driver's license and digital proof of identification card, as
169169 well as any mobile application required for the digital proof of driver's
170170 license and digital proof of identification card, is encrypted and protected
171171 to the highest reasonable security standards broadly available, including
172172 ISO-18013-5, FIPS 140.3, NIST 800-53 Moderate, and cannot be
173173 intercepted while being transmitted from the division.
174174 New Sec. 4. An individual may not be issued a digital proof of
175175 driver's license or digital proof of identification card until the individual
176176 satisfies all requirements of articles 2 and 13 of chapter 8 of the Kansas
177177 Statutes Annotated, and amendments thereto, for issuance of the respective
178178 driver's license or identification card and has been issued a printed driver's
179179 license or identification card pursuant to K.S.A. 8-243 or 8-1324, and
180180 amendments thereto. The electronic credentialing system shall, upon each
181181 presentation of a digital proof of driver's license and digital proof of
182182 identification card, display or transmit current records for the driver's
183183 license or identification card. If a licensee's driving privilege is suspended,
184184 revoked or disqualified, or the licensee's driver's license is otherwise
185185 canceled or expired, a digital proof of driver's license may not be issued.
186186 New Sec. 5. (a) Except as permitted by subsection (b), a person
187187 scanning a digital proof of driver's license or digital proof of identification
188188 card may not sell or share personal information collected from such
189189 scanning of the digital proof of driver's license or digital proof of
190190 identification card unless the person obtains and retains the express written
191191 consent of the holder of the digital proof of driver's license or digital proof
192192 of identification card.
193193 (b) An individual may consent to allow a person to collect and store
194194 information obtained by scanning the individual's digital proof of driver's
195195 license or digital proof of identification card. Before an individual may
196196 give consent, the individual shall be informed regarding what information
197197 is to be collected and the purpose or purposes for which the information
198198 will be used. If the individual does not want the person to scan such
199199 individual's digital proof of driver's license or digital proof of
200200 identification card, the person may manually collect information from the
201201 digital proof of driver's license or digital proof of identification card.
202202 (c) This section does not apply to a state-chartered bank, savings and
203203 loan or trust company.
204204 (d) If any person is found to have violated any provision of this
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248248 section, in addition to any other civil penalty otherwise provided by law,
249249 the director of vehicles may impose an additional penalty not to exceed
250250 $5,000 for each such violation.
251251 (e) Any civil penalty recovered pursuant to this section shall be
252252 remitted to the state treasurer in accordance with K.S.A. 75-4215, and
253253 amendments thereto. Upon receipt of each such remittance, the state
254254 treasurer shall deposit the entire amount in the state treasury to the credit
255255 of the state general fund.
256256 New Sec. 6. (a) It shall be unlawful for any person for any purpose
257257 to:
258258 (1) Manufacture a false digital proof of driver's license or digital
259259 proof of identification card that has not been approved and authenticated
260260 by the division of vehicles or by another state's driver's license issuance
261261 authority; or
262262 (2) possess a false digital proof of driver's license or digital proof of
263263 identification card that has not been approved and authenticated by the
264264 division of vehicles, or, if the person is a nonresident, another state's
265265 driver's license issuance authority.
266266 (b) Violation of subsection (a)(1) is a class B, nonperson
267267 misdemeanor.
268268 (c) Violation of subsection (a)(2) is a severity level 9, nonperson
269269 felony.
270270 New Sec. 7. (a) The holder of a digital proof of driver's license and
271271 digital proof of identification card shall not be required to turn over the
272272 individual's electronic device to any other person or entity in order to use
273273 the digital proof of driver's license and digital proof of identification card
274274 for identity verification. The holder of a digital proof of driver's license
275275 and digital proof of identification card showing or turning over their
276276 electronic device to any other person or entity in order to provide proof of
277277 digital proof of driver's license and digital proof of identification card for
278278 identity verification shall not constitute consent to a search, nor shall it
279279 constitute consent for access to any information other than that which is
280280 immediately available on the digital proof of driver's license and digital
281281 proof of identification card. Information incidentally obtained in the
282282 process of viewing a digital proof of driver's license and digital proof of
283283 identification card in order to verify the identity of the holder shall not be
284284 used to establish probable cause for a warrant to search the electronic
285285 device.
286286 (b) Any request for remote access to an individual's digital proof of
287287 driver's license or digital proof of identification card for identity
288288 verification shall:
289289 (1) Require the express consent of the holder of the digital proof of
290290 driver's license and digital proof of identification card;
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334334 (2) be limited to the content of the digital proof of driver's license or
335335 digital proof of identification card specified in the request for remote
336336 access; and
337337 (3) not exceed the information available on a copy of a driver's
338338 license or identification card.
339339 (c) Consent to remotely access a digital proof of driver's license or
340340 digital proof of identification card by the holder shall not constitute
341341 consent to a search, nor shall it constitute consent for access to any
342342 information other than that which is immediately available on the digital
343343 proof of driver's license and digital proof of identification card.
344344 Information incidentally obtained in the process of remotely accessing a
345345 digital proof of driver's license and digital proof of identification card shall
346346 not be used to establish probable cause for a warrant to search the
347347 electronic device.
348348 (d) A digital proof of driver's license or digital proof of identification
349349 card shall not be a valid form of identification to satisfy the requirements
350350 of K.S.A. 8-244, and amendments thereto, K.S.A. 25-2908, and
351351 amendments thereto, or any other substantially similar provision of law
352352 requiring a physical driver's license or physical identification card for
353353 purposes of operating a motor vehicle or voting.
354354 New Sec. 8. Any authority provided to the division of vehicles or
355355 director of vehicles in articles 1, 2, 12 and 13 of chapter 8 of the Kansas
356356 Statutes Annotated, and amendments thereto, regarding the administration
357357 of drivers' licenses, identification cards or motor vehicle records shall
358358 extend to the division's issuance and administration of digital proof of
359359 driver's license, digital proof of identification card and electronic
360360 credentialing system.
361361 Sec. 9. K.S.A. 8-235 is hereby amended to read as follows: 8-235. (a)
362362 No person, except those expressly exempted, shall drive any motor vehicle
363363 upon a highway in this state unless such person has a valid driver's license.
364364 No person shall receive a driver's license unless and until such person
365365 surrenders or with the approval of the division, lists to the division all
366366 valid licenses in such person's possession issued to such person by any
367367 other jurisdiction. All surrendered licenses, digital proof of drivers'
368368 licenses or the information listed on foreign licenses shall be returned by
369369 the division to the issuing department, together with information that the
370370 licensee is now licensed in a new jurisdiction. No person shall be
371371 permitted to have more than one valid license at any time.
372372 (b) Any person licensed under the motor vehicle drivers' license act
373373 may exercise the privilege granted upon all streets and highways in this
374374 state and shall not be required to obtain any other license to exercise such
375375 privilege by any local authority. Nothing herein shall prevent cities from
376376 requiring licenses of persons who drive taxicabs or municipally franchised
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420420 transit systems for hire upon city streets, to protect the public from drivers
421421 whose character or habits make them unfit to transport the public. If a
422422 license is denied, the applicant may appeal such decision to the district
423423 court of the county in which such city is located by filing within 14 days
424424 after such denial, a notice of appeal with the clerk of the district court and
425425 by filing a copy of such notice with the city clerk of the involved city. The
426426 city clerk shall certify a copy of such decision of the city governing body
427427 to the clerk of the district court and the matter shall be docketed as any
428428 other cause and the applicant shall be granted a trial of such person's
429429 character and habits. The matter shall be heard by the court de novo in
430430 accordance with the code of civil procedure. The cost of such appeal shall
431431 be assessed in such manner as the court may direct.
432432 (c) Any person operating in this state a motor vehicle shall be the
433433 holder of a driver's license that is classified for the operation of such motor
434434 vehicle, and any person operating in this state a motorcycle that is
435435 registered in this state shall be the holder of a class M driver's license.
436436 (d) No person shall drive any motorized bicycle upon a highway of
437437 this state unless such person:
438438 (1) Has a valid driver's license that entitles the licensee to drive a
439439 motor vehicle in any class or classes;
440440 (2) is at least 15 years of age and has passed the written and visual
441441 examinations required for obtaining a class C driver's license, in which
442442 case the division shall issue to such person a class C license, which shall
443443 clearly indicate that such license is valid only for the operation of
444444 motorized bicycles; or
445445 (3) has had their driving privileges revoked under K.S.A. 8-286, and
446446 amendments thereto, has not had a test refusal or test failure or alcohol or
447447 drug-related conviction, as those terms are defined in K.S.A. 8-1013, and
448448 amendments thereto, in the last five years, has not been convicted of a
449449 violation of K.S.A. 8-1568(b), and amendments thereto, in the last five
450450 years and has made application to the division for issuance of a class C
451451 license for the operation of motorized bicycles, in accordance with
452452 paragraph (2), in which case the division shall issue such person a class C
453453 license, which shall clearly indicate that such license is valid only for the
454454 operation of motorized bicycles. As used in this subsection, "motorized
455455 bicycle" shall have the meaning ascribed to it in K.S.A. 8-126, and
456456 amendments thereto.
457457 (e) Violation of this section is a class B nonperson misdemeanor.
458458 Sec. 10. K.S.A. 8-240 is hereby amended to read as follows: 8-240.
459459 (a) (1) Every application for an instruction permit shall be made upon a
460460 form furnished by the division of vehicles and accompanied by a fee of $2
461461 for class A, B, C or M and $5 for all commercial classes. Every other
462462 application shall be made upon a form furnished by the division and
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506506 accompanied by an examination fee of $3, unless a different fee is required
507507 by K.S.A. 8-241, and amendments thereto, and by the proper fee for the
508508 license for which the application is made. All commercial class applicants
509509 shall be charged a $15 driving test fee for the drive test portion of the
510510 commercial driver's license application. If the applicant is not required to
511511 take an examination or the commercial license drive test, the examination
512512 or commercial drive test fee shall not be required. The examination shall
513513 consist of three tests, as follows: (A) Vision; (B) written; and (C) driving.
514514 For a commercial driver's license, the drive test shall consist of three
515515 components, as follows: (A) Pre-trip; (B) skills test; and (C) road test. If
516516 the applicant fails the vision test, the applicant may have correction of
517517 vision made and take the vision test again without any additional fee. If an
518518 applicant fails the written test, the applicant may take such test again upon
519519 the payment of an additional examination fee of $1.50. If an applicant fails
520520 the driving test, the applicant may take such test again upon the payment
521521 of an additional examination fee of $1.50. If an applicant for a commercial
522522 driver's license fails any portion of the commercial drive test, the applicant
523523 may take such test again upon the payment of an additional drive test fee
524524 of $10. If an applicant fails to pass all three of the tests within a period of
525525 six months from the date of original application and desires to take
526526 additional tests, the applicant shall file an application for reexamination
527527 upon a form furnished by the division, which shall be accompanied by a
528528 reexamination fee of $3, except that any applicant who fails to pass the
529529 written or driving portion of an examination four times within a six-month
530530 period, shall be required to wait a period of six months from the date of the
531531 last failed examination before additional examinations may be given.
532532 Upon the filing of such application and the payment of such reexamination
533533 fee, the applicant shall be entitled to reexamination in like manner and
534534 subject to the additional fees and time limitation as provided for
535535 examination on an original application. If the applicant passes the
536536 reexamination, the applicant shall be issued the classified driver's license
537537 for which the applicant originally applied, which license shall be issued to
538538 expire as if the applicant had passed the original examination.
539539 (2) Applicants for class M licenses who have completed prior
540540 motorcycle safety training in accordance with department of defense
541541 instruction 6055.04 (DoDI 6055.04) or the motorcycle safety foundation
542542 are not required to complete further written and driving testing pursuant to
543543 paragraph (1). An applicant seeking exemption from the written and
544544 driving tests pursuant to this paragraph shall provide a copy of the
545545 motorcycle safety foundation completion form to the division prior to
546546 receiving a class M license.
547547 (3) On and after January 1, 2017, An applicant for a class M license
548548 who passes a driving examination on a three-wheeled motorcycle that is
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592592 not an autocycle shall have a restriction placed on such applicant's license
593593 limiting the applicant to the operation of a registered three-wheeled
594594 motorcycle. An applicant for a class M license who passes a driving
595595 examination on a two-wheeled motorcycle may operate any registered
596596 two-wheeled or three-wheeled motorcycle. The driving examination
597597 required by this paragraph shall be administered by the division, by the
598598 department of defense or as part of a curriculum recognized by the
599599 motorcycle safety foundation.
600600 (b) (1) For the purposes of obtaining any driver's license or
601601 instruction permit, an applicant shall submit, with the application, proof of
602602 age and proof of identity as the division may require. The applicant also
603603 shall provide a photo identity document, except that a non-photo identity
604604 document is acceptable if it includes both the applicant's full legal name
605605 and date of birth, and documentation showing the applicant's name, the
606606 applicant's address of principal residence and the applicant's social security
607607 number. The applicant's social security number shall remain confidential
608608 and shall not be disclosed, except as provided pursuant to K.S.A. 74-2012,
609609 and amendments thereto. If the applicant does not have a social security
610610 number the applicant shall provide proof of lawful presence and Kansas
611611 residency. The division shall assign a distinguishing number to the license
612612 or permit.
613613 (2) The division shall not issue any driver's license or instruction
614614 permit to any person who fails to provide proof that the person is lawfully
615615 present in the United States. Before issuing a driver's license or instruction
616616 permit to a person, the division shall require valid documentary evidence
617617 that the applicant: (A) Is a citizen or national of the United States; (B) is an
618618 alien lawfully admitted for permanent or temporary residence in the
619619 United States; (C) has conditional permanent resident status in the United
620620 States; (D) has an approved application for asylum in the United States or
621621 has entered into the United States in refugee status; (E) has a valid,
622622 unexpired nonimmigrant visa or nonimmigrant visa status for entry into
623623 the United States; (F) has a pending application for asylum in the United
624624 States; (G) has a pending or approved application for temporary protected
625625 status in the United States; (H) has approved deferred action status; or (I)
626626 has a pending application for adjustment of status to that of an alien
627627 lawfully admitted for permanent residence in the United States or
628628 conditional permanent resident status in the United States.
629629 (3) If an applicant provides evidence of lawful presence set out in
630630 subsections (b)(2)(E) through (2)(I), or is an alien lawfully admitted for
631631 temporary residence under subsection (b)(2)(B), the division may only
632632 issue a driver's license to the person under the following conditions: (A) A
633633 driver's license issued pursuant to this subparagraph shall be valid only
634634 during the period of time of the applicant's authorized stay in the United
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678678 States or, if there is no definite end to the period of authorized stay, a
679679 period of one year; (B) a driver's license issued pursuant to this
680680 subparagraph shall clearly indicate that it is temporary and shall state the
681681 date on which when it expires; (C) no driver's license issued pursuant to
682682 this subparagraph shall be for a longer period of time than the time period
683683 permitted by K.S.A. 8-247(a), and amendments thereto; and (D) a driver's
684684 license issued pursuant to this subparagraph may be renewed, subject at
685685 the time of renewal, to the same requirements and conditions as set out in
686686 this subsection (b) for the issuance of the original driver's license.
687687 (4) The division shall not issue any driver's license or instruction
688688 permit to any person who is not a resident of the state of Kansas, except as
689689 provided in K.S.A. 8-2,148, and amendments thereto.
690690 (5) The division shall not issue a driver's license to a person holding a
691691 driver's license issued by another state without making reasonable efforts
692692 to confirm that the person is terminating or has terminated the driver's
693693 license in the other state.
694694 (6) The parent or guardian of an applicant under 16 years of age shall
695695 sign the application for any driver's license submitted by such applicant.
696696 (c) Every application shall state the full legal name, date of birth,
697697 gender and address of principal residence of the applicant, and briefly
698698 describe the applicant, and shall state whether the applicant has been
699699 licensed as a driver prior to such application, and, if so, when and by what
700700 state or country. Such application shall state whether any such license has
701701 ever been suspended or revoked, or whether an application has ever been
702702 refused, and, if so, the date of and reason for such suspension, revocation
703703 or refusal. In addition, applications for commercial drivers' licenses and
704704 instruction permits for commercial licenses must include the following:
705705 The applicant's social security number; the person's signature; the person's:
706706 (1) Digital color image or photograph; or (2) a laser engraved photograph;
707707 certifications, including those required by 49 C.F.R. § 383.71(a), effective
708708 January 1, 1991; a consent to release driving record information; and, any
709709 other information required by the division. Each application for a driver's
710710 license shall include a question asking if the applicant is willing to give
711711 such applicant's authorization to be listed as an organ, eye or tissue donor
712712 in the Kansas donor registry in accordance with the revised uniform
713713 anatomical gift act, K.S.A. 65-3220 through 65-3244, and amendments
714714 thereto. The gift would become effective upon the death of the donor.
715715 (d) When an application is received from a person previously licensed
716716 in another jurisdiction, the division shall request a copy of the driver's
717717 record from the other jurisdiction. When received, the driver's record shall
718718 become a part of the driver's record in this state with the same force and
719719 effect as though entered on the driver's record in this state in the original
720720 instance.
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764764 (e) When the division receives a request for a driver's record from
765765 another licensing jurisdiction the record shall be forwarded without charge.
766766 (f) A fee shall be charged as follows:
767767 (1) For a class C driver's license issued to a person at least 21 years of
768768 age, but less than 65 years of age, $18;
769769 (2) for a class C driver's license issued to a person 65 years of age or
770770 older, $12;
771771 (3) for a class M driver's license issued to a person at least 21 years of
772772 age, but less than 65 years of age, $12.50;
773773 (4) for a class M driver's license issued to a person 65 years of age or
774774 older, $9;
775775 (5) for a class A or B driver's license issued to a person who is at least
776776 21 years of age, but less than 65 years of age, $24;
777777 (6) for a class A or B driver's license issued to a person 65 years of
778778 age or older, $16;
779779 (7) for any class of commercial driver's license issued to a person 21
780780 years of age or older, $18; or
781781 (8) for class A, B, C or M, or a farm permit, or any commercial
782782 driver's license issued to a person less than 21 years of age, $20.
783783 A fee of $10 shall be charged for each commercial driver's license
784784 endorsement, except air brake endorsements which shall have no charge.
785785 A fee of $3 per year shall be charged for any renewal of a license issued
786786 prior to the effective date of this act to a person less than 21 years of age.
787787 A fee of $10 shall be charged for the issuance of a digital proof of
788788 driver's license.
789789 If one fails to make an original application or renewal application for a
790790 driver's license within the time required by law, or fails to make
791791 application within 60 days after becoming a resident of Kansas, a penalty
792792 of $1 shall be added to the fee charged for the driver's license.
793793 (g) Any person who possesses an identification card as provided in
794794 K.S.A. 8-1324, and amendments thereto, shall surrender such
795795 identification card to the division upon being issued a valid Kansas driver's
796796 license or upon reinstatement and return of a valid Kansas driver's license.
797797 (h) The division shall require that any person applying for a driver's
798798 license submit to a mandatory facial image capture. The captured facial
799799 image shall be displayed on the front of the applicant's driver's license.
800800 (i) The director of vehicles may issue a temporary driver's license to
801801 an applicant who cannot provide valid documentary evidence as defined
802802 by subsection (b)(2), if the applicant provides compelling evidence
803803 proving current lawful presence. Any temporary license issued pursuant to
804804 this subsection shall be valid for one year.
805805 (j) (1) For purposes of this subsection, the division may rely on the
806806 division's most recent, existing color digital image and signature image of
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850850 the applicant for the class C or M driver's license or any class of
851851 commercial driver's license if the division has the information on file. The
852852 determination on whether an electronic online renewal application or
853853 equivalent of a driver's license is permitted shall be made by the director of
854854 vehicles or the director's designee. The division shall not renew a driver's
855855 license through an electronic online or equivalent process if the license has
856856 been previously renewed through an electronic online application in the
857857 immediately preceding driver's license period. No renewal under this
858858 subsection shall be granted to any person who is:
859859 (A) Younger than 30 days from turning 21 years of age;
860860 (B) 65 years of age or older;
861861 (C) a registered offender pursuant to K.S.A. 22-4901 et seq., and
862862 amendments thereto;
863863 (D) a person issued a temporary driver's license issued pursuant to
864864 K.S.A. 8-240(b)(3), and amendments thereto, provided the license is not
865865 otherwise withdrawn; or
866866 (E) a person issued a commercial driver's license that has a hazardous
867867 materials endorsement.
868868 (2) The vision examination requirements in K.S.A. 8-247(e), and
869869 amendments thereto, are not required for electronic online renewal
870870 applications, except that the electronic online renewal applicant must
871871 certify under penalty of law that the applicant's vision satisfies the
872872 requirements of K.S.A. 8-295, and amendments thereto, and has
873873 undergone an examination of eyesight by a licensed ophthalmologist or a
874874 licensed optometrist within the last year. As a condition for any electronic
875875 online renewal application, the applicant must: (A) Authorize the exchange
876876 of vision and medical information between the division and the applicant's
877877 ophthalmologist or optometrist; and (B) is at least 21 years of age, but less
878878 than 65 years of age. The ophthalmologist or optometrist shall have four
879879 business days to confirm or deny the vision and medical information of the
880880 applicant. If no response is received by the division, the division shall
881881 accept the vision and medical information provided for processing the
882882 renewal application. The waiver of vision examination for online renewal
883883 applications contained within this subsection shall expire on July 1, 2022.
884884 (3) The secretary of revenue shall adopt and administer rules and
885885 regulations to implement a program to permit an electronic online renewal
886886 of a driver's license, including, but not limited to, requirements that an
887887 electronic online renewal applicant shall have previously provided
888888 documentation of identity, lawful presence and residence to the division
889889 for electronic scanning.
890890 (4) Prior to February 1, 2022, the division shall report to the house
891891 and senate committees on transportation regarding the online renewal
892892 process of this subsection and its effects to safety on the state's roads and
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936936 highways.
937937 (5) Any person seeking to renew a commercial driver's license
938938 pursuant to this subsection shall be required to provide the division with a
939939 valid medical examiner's certificate and proof of completion of the
940940 truckers against trafficking training.
941941 Sec. 11. K.S.A. 2024 Supp. 8-243 is hereby amended to read as
942942 follows: 8-243. (a) (1) Upon payment of the required fee, the division shall
943943 issue to every applicant qualifying under the provisions of this act the
944944 driver's license as applied for by the applicant. Such license shall bear the
945945 class or classes of motor vehicles that the licensee is entitled to drive, a
946946 distinguishing number assigned to the licensee, the full legal name, date of
947947 birth, gender, address of principal residence and a brief description of the
948948 licensee, either: (1) A digital color image or photograph; or (2) a laser-
949949 engraved photograph of the licensee, a facsimile of the signature of the
950950 licensee and the statement provided for in subsection (b). No driver's
951951 license shall be valid until it has been signed by the licensee. All drivers'
952952 licenses issued to persons under the age of 21 years shall be readily
953953 distinguishable from licenses issued to persons age 21 years or older. In
954954 addition, all drivers' licenses issued to persons under the age of 18 years
955955 shall also be readily distinguishable from licenses issued to persons age 18
956956 years or older. The secretary of revenue shall implement a vertical format
957957 to make drivers' licenses issued to persons under the age of 21 more
958958 readily distinguishable.
959959 (2) (A) Except as otherwise provided, no driver's license issued by the
960960 division shall be valid until either: (1)(i) A digital color image or
961961 photograph; or (2)(ii) a laser-engraved photograph of such licensee has
962962 been taken and verified before being placed on the driver's license.
963963 (B) The secretary of revenue shall prescribe a fee of not more than $8
964964 and upon the payment of such fee, the division shall cause either: (1) A
965965 digital color image or photograph; or (2) a laser-engraved the photograph
966966 of such applicant to be placed on the driver's license.
967967 (3) Upon payment of such fee prescribed by the secretary of revenue,
968968 pursuant to this subsection, plus payment of the fee required by K.S.A. 8-
969969 246, and amendments thereto, for issuance of a new license, the division
970970 shall issue to such licensee a new license containing either: (1) A digital
971971 color image or photograph; or (2) a laser-engraved photograph of such
972972 licensee.
973973 (4) A driver's license that does not contain the principal address as
974974 required may be issued to persons who are program participants pursuant
975975 to K.S.A. 75-455, and amendments thereto, upon payment of the fee
976976 required by K.S.A. 8-246, and amendments thereto. All Kansas drivers'
977977 licenses and identification cards shall have physical security features
978978 designed to prevent tampering, counterfeiting or duplication of the
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10221022 document for fraudulent purposes. The secretary of revenue shall
10231023 incorporate common machine-readable technology into all Kansas drivers'
10241024 licenses and identification cards.
10251025 (b) A Kansas driver's license issued to any person 16 years of age or
10261026 older who indicated on the person's application that the person wished to
10271027 make a gift of all or any part of the body of the licensee in accordance with
10281028 the revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244,
10291029 and amendments thereto, shall have the word "Donor" placed on the front
10301030 of the licensee's driver's license.
10311031 (c) Any person who is deaf or hard of hearing may request that the
10321032 division issue to such person a driver's license which that is readily
10331033 distinguishable from drivers' licenses issued to other drivers and upon such
10341034 request the division shall issue such license. Drivers' licenses issued to
10351035 persons who are deaf or hard of hearing and under the age of 21 years shall
10361036 be readily distinguishable from drivers' licenses issued to persons who are
10371037 deaf or hard of hearing and 21 years of age or older. Upon satisfaction of
10381038 subsection (a), the division shall issue a receipt of application permitting
10391039 the operation of a vehicle consistent with the requested class, if there are
10401040 no other restrictions or limitations, pending the division's verification of
10411041 the information and production of a driver's license.
10421042 (d) A driver's license issued to a person required to be registered
10431043 under K.S.A. 22-4901 et seq., and amendments thereto, shall be assigned a
10441044 distinguishing number by the division which that will readily indicate to
10451045 law enforcement officers that such person is a registered offender. The
10461046 division shall develop a numbering system to implement the provisions of
10471047 this subsection.
10481048 (e) (1) Any person who is a veteran may request that the division
10491049 issue to such person a driver's license that shall include the designation
10501050 "VETERAN" displayed on the front of the driver's license at a location to
10511051 be determined by the secretary of revenue. In order to receive a license
10521052 described in this subsection, the veteran shall provide a copy of the
10531053 veteran's DD form 214, NGB form 22 or equivalent discharge document
10541054 showing character of service as honorable or general under honorable
10551055 conditions.
10561056 (2) As used in this subsection, "veteran" means a person who served
10571057 in the active military, naval, air or space service and who was discharged
10581058 or released therefrom under an honorable discharge or a general discharge
10591059 under honorable conditions.
10601060 (3) The director of vehicles may adopt any rules and regulations
10611061 necessary to carry out the provisions of this subsection.
10621062 (f) (1) Any person who submits satisfactory proof to the director of
10631063 vehicles, on a form provided by the director, that such person needs
10641064 assistance with cognition, including, but not limited to, persons with
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11081108 autism spectrum disorder, may request that the division issue to such
11091109 person a driver's license, that shall note such impairment on the driver's
11101110 license at a location to be determined by the secretary of revenue.
11111111 (2) Satisfactory proof that a person needs assistance with cognition
11121112 shall include a statement from a person licensed to practice the healing arts
11131113 in any state, an advanced practice registered nurse licensed under K.S.A.
11141114 65-1131, and amendments thereto, a licensed physician assistant or a
11151115 person clinically licensed by the Kansas behavioral sciences regulatory
11161116 board certifying that such person needs assistance with cognition.
11171117 (g) (1) A driver's license issued pursuant to this section may include
11181118 an optional digital proof of driver's license. A digital proof of driver's
11191119 license may be issued upon request by an applicant and payment of the
11201120 required fee. A digital proof of driver's license is optional to purchase and
11211121 supplemental to a physical driver's license. Except as provided in section
11221122 7, and amendments thereto, a digital proof of driver's license shall be
11231123 accepted in lieu of a physical driver's license to a person requesting or
11241124 requiring proof of licensure or identification. No digital proof of driver's
11251125 license shall be issued unless the applicant holds the corresponding
11261126 physical driver's license or the corresponding physical driver's license is
11271127 issued simultaneously. The division may digitally cancel, suspend or
11281128 revalidate a digital proof of driver's license on the occasions that a
11291129 physical driver's license would be canceled, suspended, returned or
11301130 reinstated, as appropriate. A digital proof of driver's license shall meet the
11311131 requirements and conditions provided in sections 2 through 8, and
11321132 amendments thereto, before being issued by the division pursuant to this
11331133 subsection.
11341134 (2) As used in this subsection, "digital proof of driver's license"
11351135 means the same as defined in section 1, and amendments thereto.
11361136 Sec. 12. K.S.A. 2024 Supp. 8-1324 is hereby amended to read as
11371137 follows: 8-1324. (a) Any resident who does not hold a current valid Kansas
11381138 driver's license may make application to the division of vehicles and be
11391139 issued one identification card.
11401140 (b) (1) Each application for an identification card shall include a
11411141 question asking if the applicant is willing to give such applicant's
11421142 authorization to be listed as an organ, eye and tissue donor in the Kansas
11431143 donor registry in accordance with the revised uniform anatomical gift act,
11441144 K.S.A. 65-3220 through 65-3244, and amendments thereto. The gift would
11451145 become effective upon the death of the donor.
11461146 (2) For the purpose of obtaining an identification card, an applicant
11471147 shall submit, with the application, proof of age, proof of identity and proof
11481148 of lawful presence. An applicant shall submit with the application a photo
11491149 identity document, except that a non-photo identity document is acceptable
11501150 if it includes both the applicant's full legal name and date of birth, and
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11941194 documentation showing the applicant's name, the applicant's address of
11951195 principal residence and the applicant's social security account number. The
11961196 applicant's social security number shall remain confidential and shall not
11971197 be disclosed, except as provided pursuant to K.S.A. 74-2014, and
11981198 amendments thereto. If the applicant does not have a social security
11991199 number, the applicant shall provide proof of lawful presence and Kansas
12001200 residency. The division shall assign a distinguishing number to the
12011201 identification card. Before issuing an identification card to a person, the
12021202 division shall make reasonable efforts to verify with the issuing agency the
12031203 issuance, validity and completeness of each document required to be
12041204 presented by the applicant to prove age, identity and lawful presence.
12051205 (c) The division shall not issue an identification card to any person
12061206 who fails to provide proof that the person is lawfully present in the United
12071207 States. If an applicant provides evidence of lawful presence as set out in
12081208 K.S.A. 8-240(b)(2)(E) through (2)(I), and amendments thereto, or is an
12091209 alien lawfully admitted for temporary residence under K.S.A. 8-240(b)(2)
12101210 (B), and amendments thereto, the division may only issue a temporary
12111211 identification card to the person under the following conditions:
12121212 (1) A temporary identification card issued pursuant to this
12131213 subparagraph shall be valid only during the period of time of the
12141214 applicant's authorized stay in the United States or, if there is no definite
12151215 end to the period of authorized stay, a period of one year;
12161216 (2) a temporary identification card issued pursuant to this
12171217 subparagraph shall clearly indicate that it is temporary and shall state the
12181218 date upon which when it expires;
12191219 (3) no temporary identification card issued pursuant to this
12201220 subparagraph shall be for a longer period of time than the time period
12211221 permitted by K.S.A. 8-1325, and amendments thereto; and
12221222 (4) a temporary identification card issued pursuant to this
12231223 subparagraph may be renewed, subject at the time of renewal, to the same
12241224 requirements and conditions set forth in this subsection for the issuance of
12251225 the original temporary identification card.
12261226 (d) The division shall not issue an identification card to any person
12271227 who holds a current valid Kansas driver's license unless such driver's
12281228 license has been physically surrendered pursuant to the provisions of
12291229 K.S.A. 8-1002(e), and amendments thereto.
12301230 (e) The division shall refuse to issue an identification card to a person
12311231 holding a driver's license or identification card issued by another state
12321232 without confirmation that the person is terminating or has terminated the
12331233 license or identification card.
12341234 (f) The parent or guardian of an applicant under 16 years of age shall
12351235 sign the application for an identification card submitted by such applicant.
12361236 (g) (1) The division shall require payment of a fee of $14 at the time
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12801280 application for an identification card is made, except that persons who are
12811281 65 or more years of age or who are handicapped, as defined in K.S.A. 8-
12821282 1,124, and amendments thereto, shall be required to pay a fee of only $10.
12831283 In addition to the fees prescribed by this subsection, the division shall
12841284 require payment of the photo fee established pursuant to K.S.A. 8-243, and
12851285 amendments thereto, for the cost of the photograph to be placed on the
12861286 identification card.
12871287 (2) The division shall not require or accept payment of application or
12881288 photo fees under this subsection for any person 17 years of age or older for
12891289 purposes of meeting the voter identification requirements of K.S.A. 25-
12901290 2908, and amendments thereto. Such person shall:
12911291 (A) Swear under oath that such person desires an identification card
12921292 in order to vote in an election in Kansas and that such person does not
12931293 possess any of the forms of identification acceptable under K.S.A. 25-
12941294 2908, and amendments thereto. The affidavit shall specifically list the
12951295 acceptable forms of identification under K.S.A. 25-2908, and amendments
12961296 thereto; and
12971297 (B) produce evidence that such person is registered to vote in Kansas.
12981298 (3) The secretary of revenue shall adopt rules and regulations in order
12991299 to implement the provisions of paragraph (2).
13001300 (h) All Kansas identification cards shall have physical security
13011301 features designed to prevent tampering, counterfeiting or duplication for
13021302 fraudulent purposes.
13031303 (i) For the purposes of K.S.A. 8-1324 through 8-1328, and
13041304 amendments thereto, a person shall be deemed to be a resident of the state
13051305 if the person:
13061306 (1) Owns, leases or rents a place of domicile in this state;
13071307 (2) engages in a trade, business or profession in this state;
13081308 (3) is registered to vote in this state;
13091309 (4) enrolls the person's child in a school in this state; or
13101310 (5) registers the person's motor vehicle in this state.
13111311 (j) The division shall require that any person applying for an
13121312 identification card submit to a mandatory facial image capture. The
13131313 captured facial image shall be displayed on the front of the applicant's
13141314 identification card by either:
13151315 (1) A digital color image or photograph; or
13161316 (2) a laser-engraved photograph of the licensee.
13171317 (k) (1) Any person who is a veteran may request that the division
13181318 issue to such person a nondriver identification card that shall include the
13191319 designation "VETERAN" displayed on the front of the nondriver
13201320 identification card at a location to be determined by the secretary of
13211321 revenue. In order to receive a nondriver identification card described in
13221322 this subsection, the veteran shall provide a copy of the veteran's DD form
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13661366 214, NGB form 22 or equivalent discharge document showing character of
13671367 service as honorable or general under honorable conditions.
13681368 (2) As used in this subsection, "veteran" means a person who served
13691369 in the active military, naval, air or space service and who was discharged
13701370 or released therefrom under an honorable discharge or a general discharge
13711371 under honorable conditions.
13721372 (3) The director of vehicles may adopt any rules and regulations
13731373 necessary to carry out the provisions of this subsection.
13741374 (l) The director of vehicles may issue a temporary identification card
13751375 to an applicant who cannot provide valid documentary evidence as defined
13761376 by subsection (c), if the applicant provides compelling evidence proving
13771377 current lawful presence. Any temporary identification card issued pursuant
13781378 to this subparagraph shall be valid for one year.
13791379 (m) Upon payment of the required fee, the division shall issue to
13801380 every applicant qualifying under the provisions of this act an identification
13811381 card. Such identification card shall bear a distinguishing number assigned
13821382 to the cardholder, the full legal name, date of birth, address of principal
13831383 residence, a brief description of the cardholder, either:
13841384 (1) A digital color image or photograph; or
13851385 (2) a laser-engraved photograph of the cardholder, and a facsimile of
13861386 the signature of the cardholder. An identification card that does not contain
13871387 the address of principal residence of the cardholder as required may be
13881388 issued to persons who are program participants pursuant to K.S.A. 75-455,
13891389 and amendments thereto.
13901390 (n) An identification card issued to any person who indicated on the
13911391 application that the person wished to make an anatomical gift in
13921392 accordance with the revised uniform anatomical gift act, K.S.A. 65-3220
13931393 through 65-3244, and amendments thereto, shall have the word "Donor"
13941394 placed on the front of the applicant's identification card.
13951395 (o) (1) Any person who submits satisfactory proof to the director of
13961396 vehicles, on a form provided by the director, that such person needs
13971397 assistance with cognition, including, but not limited to, persons with
13981398 autism spectrum disorder, may request that the division issue to such
13991399 person a nondriver identification card, that shall note such impairment on
14001400 the nondriver identification card at a location to be determined by the
14011401 secretary of revenue.
14021402 (2) Satisfactory proof that a person needs assistance with cognition
14031403 shall include a statement from a person licensed to practice the healing arts
14041404 in any state, an advanced practice registered nurse licensed under K.S.A.
14051405 65-1131, and amendments thereto, a licensed physician assistant or a
14061406 person clinically licensed by the Kansas behavioral sciences regulatory
14071407 board certifying that such person needs assistance with cognition.
14081408 (p) The secretary of revenue shall permit an electronic online renewal
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14521452 of an identification card if the electronic online renewal applicant
14531453 previously provided documentation of identity, lawful presence and
14541454 residence to the division for electronic scanning. For purposes of this
14551455 subsection, the division may rely on the division's most recent, existing
14561456 color digital image and signature image of the applicant for the nondriver's
14571457 identification card if the division has such images on file. The
14581458 determination on whether an electronic online renewal application or
14591459 equivalent of a nondriver's identification card is permitted shall be made
14601460 by the director of vehicles or the director's designee. The division shall not
14611461 renew a nondriver's identification card through an electronic online or
14621462 equivalent process if the identification card has been previously renewed
14631463 through an electronic online application in the immediately preceding
14641464 card's expiration period. No renewal under this subsection shall be granted
14651465 to any person who is a registered offender pursuant to K.S.A. 22-4901 et
14661466 seq., and amendments thereto.
14671467 (q) (1) An identification card issued pursuant to this section may
14681468 include an optional digital proof of identification card. A digital proof of
14691469 identification card may be issued upon request by an applicant and
14701470 payment of the required fee. A digital proof of identification card is
14711471 optional to purchase and supplemental to a physical identification card.
14721472 Except as provided in section 7, and amendments thereto, a digital proof
14731473 of identification card shall be accepted in lieu of a physical identification
14741474 card to a person requesting or requiring proof of identification. No digital
14751475 proof of identification card shall be issued unless the applicant holds the
14761476 corresponding physical identification card or the corresponding physical
14771477 identification card is issued simultaneously. The division may digitally
14781478 cancel, suspend or revalidate a digital proof of identification card on the
14791479 occasions that a physical identification card would be canceled,
14801480 suspended, returned or reinstated, as appropriate. A digital proof of
14811481 identification card shall meet the requirements and conditions provided in
14821482 sections 2 through 8, and amendments thereto, before being issued by the
14831483 division pursuant to this subsection.
14841484 (2) As used in this subsection, "digital proof of identification card"
14851485 means the same as defined in section 1, and amendments thereto.
14861486 Sec. 13. K.S.A. 8-1325 is hereby amended to read as follows: 8-1325.
14871487 (a) Every identification card shall expire, unless earlier canceled or
14881488 subsection (c) of K.S.A. 8-1324, and amendments thereto, applies, on the
14891489 sixth birthday of the applicant following the date of original issue, except
14901490 as otherwise provided by K.S.A. 8-1329, and amendments thereto.
14911491 Renewal of any identification card shall be made for a term of six years
14921492 and shall expire in a like manner as the originally issued identification
14931493 card, unless surrendered earlier or subsection (c) of K.S.A. 8-1324, and
14941494 amendments thereto, applies. For any person who has been issued an
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15381538 identification card, the division shall mail a notice of expiration or renewal
15391539 at least 30 days prior to the expiration of such person's identification card
15401540 at the address shown on such identification card. The division shall include
15411541 with such notice, written information required under subsection (b). Any
15421542 application for renewal received later than 90 days after expiration of the
15431543 identification card shall be considered to be an application for an original
15441544 identification card. The division shall require payment of a fee of $14 for
15451545 each identification card renewal, except that persons who are 65 or more
15461546 years of age or who are persons with a disability, as defined in K.S.A. 8-
15471547 1,124, and amendments thereto, shall be required to pay a fee of $10. Any
15481548 identification card holder, whose identification card has expired after
15491549 March 12, 2020, and before March 31, 2021, shall have until June 30,
15501550 2021, to renew such identification card.
15511551 (b) The division shall reference the website of the agency in a
15521552 person's notice of expiration or renewal under subsection (a). The division
15531553 shall provide the following information on the website of the agency:
15541554 (1) Information explaining the person's right to make an anatomical
15551555 gift in accordance with K.S.A. 8-1328, and amendments thereto, and the
15561556 revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244, and
15571557 amendments thereto;
15581558 (2) information describing the organ donation registry program
15591559 maintained by the Kansas federally designated organ procurement
15601560 organization. The information required under this paragraph shall include,
15611561 in a type, size and format that is conspicuous in relation to the surrounding
15621562 material, the address and telephone number of Kansas' federally
15631563 designated organ procurement organization, along with an advisory to call
15641564 such designated organ procurement organization with questions about the
15651565 organ donor registry program;
15661566 (3) information giving the applicant the opportunity to be placed on
15671567 the organ donation registry described in paragraph (2);
15681568 (4) inform the applicant that, if the applicant indicates under this
15691569 subsection a willingness to have such applicant's name placed on the organ
15701570 donor registry described in paragraph (2), the division will forward the
15711571 applicant's name, gender, date of birth and most recent address to the organ
15721572 donation registry maintained by the Kansas federally designated organ
15731573 procurement organization, as required by paragraph (6);
15741574 (5) the division may fulfill the requirements of paragraph (4) by one
15751575 or more of the following methods:
15761576 (A) Providing such information on the website of the agency; or
15771577 (B) providing printed material to an applicant who personally applies
15781578 for an identification card; and
15791579 (6) if an applicant indicates a willingness under this subsection to
15801580 have such applicant's name placed on the organ donor registry described,
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16241624 the division shall within 10 days forward the applicant's name, gender,
16251625 date of birth and address to the organ donor registry maintained by the
16261626 Kansas federally designated organ procurement organization. The division
16271627 may forward information under this subsection by mail or by electronic
16281628 means. The division shall not maintain a record of the name or address of
16291629 an individual who indicates a willingness to have such person's name
16301630 placed on the organ donor registry after forwarding that information to the
16311631 organ donor registry under this subsection. Information about an
16321632 applicant's indication of a willingness to have such applicant's name placed
16331633 on the organ donor registry that is obtained by the division and forwarded
16341634 under this paragraph shall be confidential and not disclosed.
16351635 (c) A fee of $10 shall be charged for the issuance of a digital proof of
16361636 identification card.
16371637 Sec. 14. K.S.A. 8-1328 is hereby amended to read as follows: 8-1328.
16381638 (a) The identification card shall resemble in appearance, so far as is
16391639 practicable, a driver's license issued in accordance with K.S.A. 8-243, and
16401640 amendments thereto, and shall adequately describe the registrant. The
16411641 identification card shall be sealed in transparent plastic or similar
16421642 substance, except that this requirement shall not apply to digital proof of
16431643 identification cards, as defined in section 1, and amendments thereto.
16441644 (b) All Kansas identification cards issued to any person 16 years of
16451645 age or older shall contain a form which that provides a statement for
16461646 making a gift of all or any part of the body in accordance with the revised
16471647 uniform anatomical gift act, K.S.A. 65-3220 through 65-3244, and
16481648 amendments thereto, except as otherwise provided by this subsection. The
16491649 statement to be effective shall be signed by the applicant in the presence of
16501650 two witnesses who shall sign the statement in the presence of the donor.
16511651 The gift becomes effective upon the death of the donor. Delivery of the
16521652 identification card during the donor's lifetime is not necessary to make a
16531653 valid gift. Any valid gift statement executed prior to July 1, 2007, shall
16541654 remain effective until invalidated. The word "Donor" shall be placed on
16551655 the front of an applicant's identification card, indicating that the statement
16561656 for making an anatomical gift under this subsection has been executed by
16571657 such applicant.
16581658 Sec. 15. K.S.A. 8-235, 8-240, 8-1325 and 8-1328 and K.S.A. 2024
16591659 Supp. 8-243 and 8-1324 are hereby repealed.
16601660 Sec. 16. This act shall take effect and be in force from and after its
16611661 publication in the statute book.
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