Session of 2025
SENATE BILL No. 230
By Committee on Transportation
2-6
AN ACT concerning drivers' licenses; relating to the division of vehicles;
permitting the division of vehicles to establish or contract with an entity
to issue digital proof of driver's licenses and digital proof of
identification; regulating the use thereof; providing fees on such digital
proof of driver's license and identification cards; amending K.S.A. 8-
235, 8-240, 8-1325 and 8-1328 and K.S.A. 2024 Supp. 8-243 and 8-
1324 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. As used in sections 1 through 8, and amendments
thereto:
(a) "Digital proof of driver's license" means a driver's license that is
viewable on an electronic credentialing system.
(b) "Digital proof of identification card" means an identification card
that is viewable on an electronic credentialing system.
(c) "Electronic credentialing system" means a computer system
accessed using a computer, cellular telephone or any other personal device
that queries the division of vehicle's driver's license and identification card
records, displays or transmits digital proofs of drivers' licenses and digital
proof of identification cards and verifies the authenticity of those
electronic credentials.
(d) "Limited profile" means access to an electronic credentialing
system containing some, but not all, of the information displayed on a
printed driver's license or identification card. The information provided
shall be set by the division of motor vehicles.
(e) "Person" means a natural person, firm, association, partnership or
corporation.
(f) "Scanning" means obtaining data from a digital proof of driver's
license or digital proof of identification card in an electronic format.
New Sec. 2. (a) (1) The division of vehicles shall establish a secure
and uniform system for issuing an optional digital proof of driver's license
or digital proof of identification card. The division may contract with one
or more entities that may be private or public to develop an electronic
credentialing system. An entity contracted with the division for this
purpose shall not use, share, sell or disclose any information obtained as
part of this contract, including, but not limited to, any information about
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the holder of a digital proof of driver's license and digital proof of
identification card, except when necessary to satisfy the terms of the
contract. Upon termination or expiration of any contract entered into for
this purpose, the contracting entity shall delete within 30 days any data
collected or generated in the course of activities pursuant to that contract.
(2) The electronic credentialing system may not retain internet
protocol addresses, geolocation data or other information that describes the
location, computer, computer system or computer network from which a
customer accesses the system, except when such information is necessary
for the division to authenticate a digital proof of driver's license and digital
proof of identification card.
(b) The division may enter into contracts with one or more private or
public entities that authorize online data calls or offline data verification
through the electronic credentialing system that queries the division's
driver's license and identification card records, displays or transmits digital
proofs of drivers' licenses or digital proof of identification cards, confirms
identity or verifies the authenticity of such electronic credentials.
(c) The division may use a telephone number submitted by a licensee
or cardholder in connection with a digital proof of driver's license and
digital proof of identification card only for purposes of communication
regarding the digital proof of driver's license or digital proof of
identification card or the motor vehicle records, or as permitted by K.S.A.
74-2012, and amendments thereto. The division may use a valid email
address submitted by a licensee or cardholder in connection with the
issuance of a digital proof of driver's license or digital proof of
identification card only for purposes of communication regarding the
digital proof of driver's license or digital proof of identification card or the
motor vehicle records, or as permitted by K.S.A. 74- 2012, and
amendments thereto.
New Sec. 3. (a) The digital proof of driver's license or digital proof of
identification card established by the division of vehicles or by an entity
contracted by the division shall be in such a format as to allow verification
of the authenticity of the digital proof of driver's license or digital proof of
identification card. The secretary of revenue may adopt rules and
regulations in order to ensure valid authentication of digital proof of
driver's license and digital proof of identification card.
(b) Notwithstanding the provisions of K.S.A. 8-240 and 8-1324, and
amendments thereto, or any other law prescribing the design for, or
information required to be displayed on, a driver's license or a digital proof
of driver's license may comprise a limited profile that includes only
information necessary to conduct a specific transaction on the electronic
credentialing system.
(c) Notwithstanding the provisions of K.S.A. 8-240 and, 8-1324, and
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amendments thereto, or any other law prescribing the design for, or
information required to be displayed on, an identification card or a digital
proof of identification card may comprise a limited profile that includes
only information necessary to conduct a specific transaction on the
electronic credentialing system.
(d) The division shall ensure that the information transmitted to the
digital proof of driver's license and digital proof of identification card, as
well as any mobile application required for the digital proof of driver's
license and digital proof of identification card, is encrypted and protected
to the highest reasonable security standards broadly available, including
ISO-18013-5, FIPS 140.3, NIST 800-53 Moderate, and cannot be
intercepted while being transmitted from the division.
New Sec. 4. An individual may not be issued a digital proof of
driver's license or digital proof of identification card until the individual
satisfies all requirements of articles 2 and 13 of chapter 8 of the Kansas
Statutes Annotated, and amendments thereto, for issuance of the respective
driver's license or identification card and has been issued a printed driver's
license or identification card pursuant to K.S.A. 8-243 or 8-1324, and
amendments thereto. The electronic credentialing system shall, upon each
presentation of a digital proof of driver's license and digital proof of
identification card, display or transmit current records for the driver's
license or identification card. If a licensee's driving privilege is suspended,
revoked or disqualified, or the licensee's driver's license is otherwise
canceled or expired, a digital proof of driver's license may not be issued.
New Sec. 5. (a) Except as permitted by subsection (b), a person
scanning a digital proof of driver's license or digital proof of identification
card may not sell or share personal information collected from such
scanning of the digital proof of driver's license or digital proof of
identification card unless the person obtains and retains the express written
consent of the holder of the digital proof of driver's license or digital proof
of identification card.
(b) An individual may consent to allow a person to collect and store
information obtained by scanning the individual's digital proof of driver's
license or digital proof of identification card. Before an individual may
give consent, the individual shall be informed regarding what information
is to be collected and the purpose or purposes for which the information
will be used. If the individual does not want the person to scan such
individual's digital proof of driver's license or digital proof of
identification card, the person may manually collect information from the
digital proof of driver's license or digital proof of identification card.
(c) This section does not apply to a state-chartered bank, savings and
loan or trust company.
(d) If any person is found to have violated any provision of this
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section, in addition to any other civil penalty otherwise provided by law,
the director of vehicles may impose an additional penalty not to exceed
$5,000 for each such violation.
(e) Any civil penalty recovered pursuant to this section shall be
remitted to the state treasurer in accordance with K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the state general fund.
New Sec. 6. (a) It shall be unlawful for any person for any purpose
to:
(1) Manufacture a false digital proof of driver's license or digital
proof of identification card that has not been approved and authenticated
by the division of vehicles or by another state's driver's license issuance
authority; or
(2) possess a false digital proof of driver's license or digital proof of
identification card that has not been approved and authenticated by the
division of vehicles, or, if the person is a nonresident, another state's
driver's license issuance authority.
(b) Violation of subsection (a)(1) is a class B, nonperson
misdemeanor.
(c) Violation of subsection (a)(2) is a severity level 9, nonperson
felony.
New Sec. 7. (a) The holder of a digital proof of driver's license and
digital proof of identification card shall not be required to turn over the
individual's electronic device to any other person or entity in order to use
the digital proof of driver's license and digital proof of identification card
for identity verification. The holder of a digital proof of driver's license
and digital proof of identification card showing or turning over their
electronic device to any other person or entity in order to provide proof of
digital proof of driver's license and digital proof of identification card for
identity verification shall not constitute consent to a search, nor shall it
constitute consent for access to any information other than that which is
immediately available on the digital proof of driver's license and digital
proof of identification card. Information incidentally obtained in the
process of viewing a digital proof of driver's license and digital proof of
identification card in order to verify the identity of the holder shall not be
used to establish probable cause for a warrant to search the electronic
device.
(b) Any request for remote access to an individual's digital proof of
driver's license or digital proof of identification card for identity
verification shall:
(1) Require the express consent of the holder of the digital proof of
driver's license and digital proof of identification card;
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(2) be limited to the content of the digital proof of driver's license or
digital proof of identification card specified in the request for remote
access; and
(3) not exceed the information available on a copy of a driver's
license or identification card.
(c) Consent to remotely access a digital proof of driver's license or
digital proof of identification card by the holder shall not constitute
consent to a search, nor shall it constitute consent for access to any
information other than that which is immediately available on the digital
proof of driver's license and digital proof of identification card.
Information incidentally obtained in the process of remotely accessing a
digital proof of driver's license and digital proof of identification card shall
not be used to establish probable cause for a warrant to search the
electronic device.
(d) A digital proof of driver's license or digital proof of identification
card shall not be a valid form of identification to satisfy the requirements
of K.S.A. 8-244, and amendments thereto, K.S.A. 25-2908, and
amendments thereto, or any other substantially similar provision of law
requiring a physical driver's license or physical identification card for
purposes of operating a motor vehicle or voting.
New Sec. 8. Any authority provided to the division of vehicles or
director of vehicles in articles 1, 2, 12 and 13 of chapter 8 of the Kansas
Statutes Annotated, and amendments thereto, regarding the administration
of drivers' licenses, identification cards or motor vehicle records shall
extend to the division's issuance and administration of digital proof of
driver's license, digital proof of identification card and electronic
credentialing system.
Sec. 9. K.S.A. 8-235 is hereby amended to read as follows: 8-235. (a)
No person, except those expressly exempted, shall drive any motor vehicle
upon a highway in this state unless such person has a valid driver's license.
No person shall receive a driver's license unless and until such person
surrenders or with the approval of the division, lists to the division all
valid licenses in such person's possession issued to such person by any
other jurisdiction. All surrendered licenses, digital proof of drivers'
licenses or the information listed on foreign licenses shall be returned by
the division to the issuing department, together with information that the
licensee is now licensed in a new jurisdiction. No person shall be
permitted to have more than one valid license at any time.
(b) Any person licensed under the motor vehicle drivers' license act
may exercise the privilege granted upon all streets and highways in this
state and shall not be required to obtain any other license to exercise such
privilege by any local authority. Nothing herein shall prevent cities from
requiring licenses of persons who drive taxicabs or municipally franchised
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transit systems for hire upon city streets, to protect the public from drivers
whose character or habits make them unfit to transport the public. If a
license is denied, the applicant may appeal such decision to the district
court of the county in which such city is located by filing within 14 days
after such denial, a notice of appeal with the clerk of the district court and
by filing a copy of such notice with the city clerk of the involved city. The
city clerk shall certify a copy of such decision of the city governing body
to the clerk of the district court and the matter shall be docketed as any
other cause and the applicant shall be granted a trial of such person's
character and habits. The matter shall be heard by the court de novo in
accordance with the code of civil procedure. The cost of such appeal shall
be assessed in such manner as the court may direct.
(c) Any person operating in this state a motor vehicle shall be the
holder of a driver's license that is classified for the operation of such motor
vehicle, and any person operating in this state a motorcycle that is
registered in this state shall be the holder of a class M driver's license.
(d) No person shall drive any motorized bicycle upon a highway of
this state unless such person:
(1) Has a valid driver's license that entitles the licensee to drive a
motor vehicle in any class or classes;
(2) is at least 15 years of age and has passed the written and visual
examinations required for obtaining a class C driver's license, in which
case the division shall issue to such person a class C license, which shall
clearly indicate that such license is valid only for the operation of
motorized bicycles; or
(3) has had their driving privileges revoked under K.S.A. 8-286, and
amendments thereto, has not had a test refusal or test failure or alcohol or
drug-related conviction, as those terms are defined in K.S.A. 8-1013, and
amendments thereto, in the last five years, has not been convicted of a
violation of K.S.A. 8-1568(b), and amendments thereto, in the last five
years and has made application to the division for issuance of a class C
license for the operation of motorized bicycles, in accordance with
paragraph (2), in which case the division shall issue such person a class C
license, which shall clearly indicate that such license is valid only for the
operation of motorized bicycles. As used in this subsection, "motorized
bicycle" shall have the meaning ascribed to it in K.S.A. 8-126, and
amendments thereto.
(e) Violation of this section is a class B nonperson misdemeanor.
Sec. 10. 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
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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 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
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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
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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 when it expires; (C) no driver's license issued pursuant to
this subparagraph shall be for a longer period of time than the time period
permitted by K.S.A. 8-247(a), and amendments thereto; and (D) a driver's
license issued pursuant to this subparagraph may be renewed, subject at
the time of renewal, to the same requirements and conditions as set out in
this subsection (b) for the issuance of the original driver's license.
(4) The division shall not issue any driver's license or instruction
permit to any person who is not a resident of the state of Kansas, except as
provided in K.S.A. 8-2,148, and amendments thereto.
(5) The division shall not issue a driver's license to a person holding a
driver's license issued by another state without making reasonable efforts
to confirm that the person is terminating or has terminated the driver's
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 include the following:
The applicant's social security number; the person's signature; 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.
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(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.
A fee of $10 shall be charged for the issuance of a digital proof of
driver's license.
If one fails to make an original application or renewal application for a
driver's license within the time required by law, or fails to make
application within 60 days after becoming a resident of Kansas, a penalty
of $1 shall be added to the fee charged for the driver's license.
(g) Any person who possesses an identification card as provided in
K.S.A. 8-1324, and amendments thereto, shall surrender such
identification card to the division upon being issued a valid Kansas driver's
license or upon reinstatement and return of a valid Kansas driver's license.
(h) The division shall require that any person applying for a driver's
license submit to a mandatory facial image capture. The captured facial
image shall be displayed on the front of the applicant's driver's license.
(i) The director of vehicles may issue a temporary driver's license to
an applicant who cannot provide valid documentary evidence as defined
by subsection (b)(2), if the applicant provides compelling evidence
proving current lawful presence. Any temporary license issued pursuant to
this subsection shall be valid for one year.
(j) (1) For purposes of this subsection, the division may rely on the
division's most recent, existing color digital image and signature image of
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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 senate committees on transportation regarding the online renewal
process of this subsection and its effects to safety on the state's roads and
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highways.
(5) Any person seeking to renew a commercial driver's license
pursuant to this subsection shall be required to provide the division with a
valid medical examiner's certificate and proof of completion of the
truckers against trafficking training.
Sec. 11. K.S.A. 2024 Supp. 8-243 is hereby amended to read as
follows: 8-243. (a) (1) Upon payment of the required fee, the division shall
issue to every applicant qualifying under the provisions of this act the
driver's license as applied for by the applicant. Such license shall bear the
class or classes of motor vehicles that the licensee is entitled to drive, a
distinguishing number assigned to the licensee, the full legal name, date of
birth, gender, address of principal residence and a brief description of the
licensee, either: (1) A digital color image or photograph; or (2) a laser-
engraved photograph of the licensee, a facsimile of the signature of the
licensee and the statement provided for in subsection (b). No driver's
license shall be valid until it has been signed by the licensee. All drivers'
licenses issued to persons under the age of 21 years shall be readily
distinguishable from licenses issued to persons age 21 years or older. In
addition, all drivers' licenses issued to persons under the age of 18 years
shall also be readily distinguishable from licenses issued to persons age 18
years or older. The secretary of revenue shall implement a vertical format
to make drivers' licenses issued to persons under the age of 21 more
readily distinguishable.
(2) (A) Except as otherwise provided, no driver's license issued by the
division shall be valid until either: (1)(i) A digital color image or
photograph; or (2)(ii) a laser-engraved photograph of such licensee has
been taken and verified before being placed on the driver's license.
(B) The secretary of revenue shall prescribe a fee of not more than $8
and upon the payment of such fee, the division shall cause either: (1) A
digital color image or photograph; or (2) a laser-engraved the photograph
of such applicant to be placed on the driver's license.
(3) Upon payment of such fee prescribed by the secretary of revenue,
pursuant to this subsection, plus payment of the fee required by K.S.A. 8-
246, and amendments thereto, for issuance of a new license, the division
shall issue to such licensee a new license containing either: (1) A digital
color image or photograph; or (2) a laser-engraved photograph of such
licensee.
(4) A driver's license that does not contain the principal address as
required may be issued to persons who are program participants pursuant
to K.S.A. 75-455, and amendments thereto, upon payment of the fee
required by K.S.A. 8-246, and amendments thereto. All Kansas drivers'
licenses and identification cards shall have physical security features
designed to prevent tampering, counterfeiting or duplication of the
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document for fraudulent purposes. The secretary of revenue shall
incorporate common machine-readable technology into all Kansas drivers'
licenses and identification cards.
(b) A Kansas driver's license issued to any person 16 years of age or
older who indicated on the person's application that the person wished to
make a gift of all or any part of the body of the licensee in accordance with
the revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244,
and amendments thereto, shall have the word "Donor" placed on the front
of the licensee's driver's license.
(c) Any person who is deaf or hard of hearing may request that the
division issue to such person a driver's license which that is readily
distinguishable from drivers' licenses issued to other drivers and upon such
request the division shall issue such license. Drivers' licenses issued to
persons who are deaf or hard of hearing and under the age of 21 years shall
be readily distinguishable from drivers' licenses issued to persons who are
deaf or hard of hearing and 21 years of age or older. Upon satisfaction of
subsection (a), the division shall issue a receipt of application permitting
the operation of a vehicle consistent with the requested class, if there are
no other restrictions or limitations, pending the division's verification of
the information and production of a driver's license.
(d) A driver's license issued to a person required to be registered
under K.S.A. 22-4901 et seq., and amendments thereto, shall be assigned a
distinguishing number by the division which that will readily indicate to
law enforcement officers that such person is a registered offender. The
division shall develop a numbering system to implement the provisions of
this subsection.
(e) (1) Any person who is a veteran may request that the division
issue to such person a driver's license that shall include the designation
"VETERAN" displayed on the front of the driver's license at a location to
be determined by the secretary of revenue. In order to receive a license
described in this subsection, the veteran shall provide a copy of the
veteran's DD form 214, NGB form 22 or equivalent discharge document
showing character of service as honorable or general under honorable
conditions.
(2) As used in this subsection, "veteran" means a person who served
in the active military, naval, air or space service and who was discharged
or released therefrom under an honorable discharge or a general discharge
under honorable conditions.
(3) The director of vehicles may adopt any rules and regulations
necessary to carry out the provisions of this subsection.
(f) (1) Any person who submits satisfactory proof to the director of
vehicles, on a form provided by the director, that such person needs
assistance with cognition, including, but not limited to, persons with
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autism spectrum disorder, may request that the division issue to such
person a driver's license, that shall note such impairment on the driver's
license at a location to be determined by the secretary of revenue.
(2) Satisfactory proof that a person needs assistance with cognition
shall include a statement from a person licensed to practice the healing arts
in any state, an advanced practice registered nurse licensed under K.S.A.
65-1131, and amendments thereto, a licensed physician assistant or a
person clinically licensed by the Kansas behavioral sciences regulatory
board certifying that such person needs assistance with cognition.
(g) (1) A driver's license issued pursuant to this section may include
an optional digital proof of driver's license. A digital proof of driver's
license may be issued upon request by an applicant and payment of the
required fee. A digital proof of driver's license is optional to purchase and
supplemental to a physical driver's license. Except as provided in section
7, and amendments thereto, a digital proof of driver's license shall be
accepted in lieu of a physical driver's license to a person requesting or
requiring proof of licensure or identification. No digital proof of driver's
license shall be issued unless the applicant holds the corresponding
physical driver's license or the corresponding physical driver's license is
issued simultaneously. The division may digitally cancel, suspend or
revalidate a digital proof of driver's license on the occasions that a
physical driver's license would be canceled, suspended, returned or
reinstated, as appropriate. A digital proof of driver's license shall meet the
requirements and conditions provided in sections 2 through 8, and
amendments thereto, before being issued by the division pursuant to this
subsection.
(2) As used in this subsection, "digital proof of driver's license"
means the same as defined in section 1, and amendments thereto.
Sec. 12. K.S.A. 2024 Supp. 8-1324 is hereby amended to read as
follows: 8-1324. (a) Any resident who does not hold a current valid Kansas
driver's license may make application to the division of vehicles and be
issued one identification card.
(b) (1) Each application for an identification card shall include a
question asking if the applicant is willing to give such applicant's
authorization to be listed as an organ, eye and 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.
(2) For the purpose of obtaining an identification card, an applicant
shall submit, with the application, proof of age, proof of identity and proof
of lawful presence. An applicant shall submit with the application 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
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documentation showing the applicant's name, the applicant's address of
principal residence and the applicant's social security account number. The
applicant's social security number shall remain confidential and shall not
be disclosed, except as provided pursuant to K.S.A. 74-2014, 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
identification card. Before issuing an identification card to a person, the
division shall make reasonable efforts to verify with the issuing agency the
issuance, validity and completeness of each document required to be
presented by the applicant to prove age, identity and lawful presence.
(c) The division shall not issue an identification card to any person
who fails to provide proof that the person is lawfully present in the United
States. If an applicant provides evidence of lawful presence as set out in
K.S.A. 8-240(b)(2)(E) through (2)(I), and amendments thereto, or is an
alien lawfully admitted for temporary residence under K.S.A. 8-240(b)(2)
(B), and amendments thereto, the division may only issue a temporary
identification card to the person under the following conditions:
(1) A temporary identification card 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;
(2) a temporary identification card issued pursuant to this
subparagraph shall clearly indicate that it is temporary and shall state the
date upon which when it expires;
(3) no temporary identification card issued pursuant to this
subparagraph shall be for a longer period of time than the time period
permitted by K.S.A. 8-1325, and amendments thereto; and
(4) a temporary identification card issued pursuant to this
subparagraph may be renewed, subject at the time of renewal, to the same
requirements and conditions set forth in this subsection for the issuance of
the original temporary identification card.
(d) The division shall not issue an identification card to any person
who holds a current valid Kansas driver's license unless such driver's
license has been physically surrendered pursuant to the provisions of
K.S.A. 8-1002(e), and amendments thereto.
(e) The division shall refuse to issue an identification card to a person
holding a driver's license or identification card issued by another state
without confirmation that the person is terminating or has terminated the
license or identification card.
(f) The parent or guardian of an applicant under 16 years of age shall
sign the application for an identification card submitted by such applicant.
(g) (1) The division shall require payment of a fee of $14 at the time
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application for an identification card is made, except that persons who are
65 or more years of age or who are handicapped, as defined in K.S.A. 8-
1,124, and amendments thereto, shall be required to pay a fee of only $10.
In addition to the fees prescribed by this subsection, the division shall
require payment of the photo fee established pursuant to K.S.A. 8-243, and
amendments thereto, for the cost of the photograph to be placed on the
identification card.
(2) The division shall not require or accept payment of application or
photo fees under this subsection for any person 17 years of age or older for
purposes of meeting the voter identification requirements of K.S.A. 25-
2908, and amendments thereto. Such person shall:
(A) Swear under oath that such person desires an identification card
in order to vote in an election in Kansas and that such person does not
possess any of the forms of identification acceptable under K.S.A. 25-
2908, and amendments thereto. The affidavit shall specifically list the
acceptable forms of identification under K.S.A. 25-2908, and amendments
thereto; and
(B) produce evidence that such person is registered to vote in Kansas.
(3) The secretary of revenue shall adopt rules and regulations in order
to implement the provisions of paragraph (2).
(h) All Kansas identification cards shall have physical security
features designed to prevent tampering, counterfeiting or duplication for
fraudulent purposes.
(i) For the purposes of K.S.A. 8-1324 through 8-1328, and
amendments thereto, a person shall be deemed to be a resident of the state
if the person:
(1) Owns, leases or rents a place of domicile in this state;
(2) engages in a trade, business or profession in this state;
(3) is registered to vote in this state;
(4) enrolls the person's child in a school in this state; or
(5) registers the person's motor vehicle in this state.
(j) The division shall require that any person applying for an
identification card submit to a mandatory facial image capture. The
captured facial image shall be displayed on the front of the applicant's
identification card by either:
(1) A digital color image or photograph; or
(2) a laser-engraved photograph of the licensee.
(k) (1) Any person who is a veteran may request that the division
issue to such person a nondriver identification card that shall include the
designation "VETERAN" displayed on the front of the nondriver
identification card at a location to be determined by the secretary of
revenue. In order to receive a nondriver identification card described in
this subsection, the veteran shall provide a copy of the veteran's DD form
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214, NGB form 22 or equivalent discharge document showing character of
service as honorable or general under honorable conditions.
(2) As used in this subsection, "veteran" means a person who served
in the active military, naval, air or space service and who was discharged
or released therefrom under an honorable discharge or a general discharge
under honorable conditions.
(3) The director of vehicles may adopt any rules and regulations
necessary to carry out the provisions of this subsection.
(l) The director of vehicles may issue a temporary identification card
to an applicant who cannot provide valid documentary evidence as defined
by subsection (c), if the applicant provides compelling evidence proving
current lawful presence. Any temporary identification card issued pursuant
to this subparagraph shall be valid for one year.
(m) Upon payment of the required fee, the division shall issue to
every applicant qualifying under the provisions of this act an identification
card. Such identification card shall bear a distinguishing number assigned
to the cardholder, the full legal name, date of birth, address of principal
residence, a brief description of the cardholder, either:
(1) A digital color image or photograph; or
(2) a laser-engraved photograph of the cardholder, and a facsimile of
the signature of the cardholder. An identification card that does not contain
the address of principal residence of the cardholder as required may be
issued to persons who are program participants pursuant to K.S.A. 75-455,
and amendments thereto.
(n) An identification card issued to any person who indicated on the
application that the person wished to make an anatomical gift in
accordance with the revised uniform anatomical gift act, K.S.A. 65-3220
through 65-3244, and amendments thereto, shall have the word "Donor"
placed on the front of the applicant's identification card.
(o) (1) Any person who submits satisfactory proof to the director of
vehicles, on a form provided by the director, that such person needs
assistance with cognition, including, but not limited to, persons with
autism spectrum disorder, may request that the division issue to such
person a nondriver identification card, that shall note such impairment on
the nondriver identification card at a location to be determined by the
secretary of revenue.
(2) Satisfactory proof that a person needs assistance with cognition
shall include a statement from a person licensed to practice the healing arts
in any state, an advanced practice registered nurse licensed under K.S.A.
65-1131, and amendments thereto, a licensed physician assistant or a
person clinically licensed by the Kansas behavioral sciences regulatory
board certifying that such person needs assistance with cognition.
(p) The secretary of revenue shall permit an electronic online renewal
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of an identification card if the electronic online renewal applicant
previously provided documentation of identity, lawful presence and
residence to the division for electronic scanning. 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 nondriver's
identification card if the division has such images on file. The
determination on whether an electronic online renewal application or
equivalent of a nondriver's identification card is permitted shall be made
by the director of vehicles or the director's designee. The division shall not
renew a nondriver's identification card through an electronic online or
equivalent process if the identification card has been previously renewed
through an electronic online application in the immediately preceding
card's expiration period. No renewal under this subsection shall be granted
to any person who is a registered offender pursuant to K.S.A. 22-4901 et
seq., and amendments thereto.
(q) (1) An identification card issued pursuant to this section may
include an optional digital proof of identification card. A digital proof of
identification card may be issued upon request by an applicant and
payment of the required fee. A digital proof of identification card is
optional to purchase and supplemental to a physical identification card.
Except as provided in section 7, and amendments thereto, a digital proof
of identification card shall be accepted in lieu of a physical identification
card to a person requesting or requiring proof of identification. No digital
proof of identification card shall be issued unless the applicant holds the
corresponding physical identification card or the corresponding physical
identification card is issued simultaneously. The division may digitally
cancel, suspend or revalidate a digital proof of identification card on the
occasions that a physical identification card would be canceled,
suspended, returned or reinstated, as appropriate. A digital proof of
identification card shall meet the requirements and conditions provided in
sections 2 through 8, and amendments thereto, before being issued by the
division pursuant to this subsection.
(2) As used in this subsection, "digital proof of identification card"
means the same as defined in section 1, and amendments thereto.
Sec. 13. K.S.A. 8-1325 is hereby amended to read as follows: 8-1325.
(a) Every identification card shall expire, unless earlier canceled or
subsection (c) of K.S.A. 8-1324, and amendments thereto, applies, on the
sixth birthday of the applicant following the date of original issue, except
as otherwise provided by K.S.A. 8-1329, and amendments thereto.
Renewal of any identification card shall be made for a term of six years
and shall expire in a like manner as the originally issued identification
card, unless surrendered earlier or subsection (c) of K.S.A. 8-1324, and
amendments thereto, applies. For any person who has been issued an
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identification card, the division shall mail a notice of expiration or renewal
at least 30 days prior to the expiration of such person's identification card
at the address shown on such identification card. The division shall include
with such notice, written information required under subsection (b). Any
application for renewal received later than 90 days after expiration of the
identification card shall be considered to be an application for an original
identification card. The division shall require payment of a fee of $14 for
each identification card renewal, except that persons who are 65 or more
years of age or who are persons with a disability, as defined in K.S.A. 8-
1,124, and amendments thereto, shall be required to pay a fee of $10. Any
identification card holder, whose identification card has expired after
March 12, 2020, and before March 31, 2021, shall have until June 30,
2021, to renew such identification card.
(b) The division shall reference the website of the agency in a
person's notice of expiration or renewal under subsection (a). The division
shall provide the following information on the website of the agency:
(1) Information explaining the person's right to make an anatomical
gift in accordance with K.S.A. 8-1328, and amendments thereto, and the
revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244, and
amendments thereto;
(2) information describing the organ donation registry program
maintained by the Kansas federally designated organ procurement
organization. The information required under this paragraph shall include,
in a type, size and format that is conspicuous in relation to the surrounding
material, the address and telephone number of Kansas' federally
designated organ procurement organization, along with an advisory to call
such designated organ procurement organization with questions about the
organ donor registry program;
(3) information giving the applicant the opportunity to be placed on
the organ donation registry described in paragraph (2);
(4) inform the applicant that, if the applicant indicates under this
subsection a willingness to have such applicant's name placed on the organ
donor registry described in paragraph (2), the division will forward the
applicant's name, gender, date of birth and most recent address to the organ
donation registry maintained by the Kansas federally designated organ
procurement organization, as required by paragraph (6);
(5) the division may fulfill the requirements of paragraph (4) by one
or more of the following methods:
(A) Providing such information on the website of the agency; or
(B) providing printed material to an applicant who personally applies
for an identification card; and
(6) if an applicant indicates a willingness under this subsection to
have such applicant's name placed on the organ donor registry described,
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the division shall within 10 days forward the applicant's name, gender,
date of birth and address to the organ donor registry maintained by the
Kansas federally designated organ procurement organization. The division
may forward information under this subsection by mail or by electronic
means. The division shall not maintain a record of the name or address of
an individual who indicates a willingness to have such person's name
placed on the organ donor registry after forwarding that information to the
organ donor registry under this subsection. Information about an
applicant's indication of a willingness to have such applicant's name placed
on the organ donor registry that is obtained by the division and forwarded
under this paragraph shall be confidential and not disclosed.
(c) A fee of $10 shall be charged for the issuance of a digital proof of
identification card.
Sec. 14. K.S.A. 8-1328 is hereby amended to read as follows: 8-1328.
(a) The identification card shall resemble in appearance, so far as is
practicable, a driver's license issued in accordance with K.S.A. 8-243, and
amendments thereto, and shall adequately describe the registrant. The
identification card shall be sealed in transparent plastic or similar
substance, except that this requirement shall not apply to digital proof of
identification cards, as defined in section 1, and amendments thereto.
(b) All Kansas identification cards issued to any person 16 years of
age or older shall contain a form which that provides a statement for
making a gift of all or any part of the body in accordance with the revised
uniform anatomical gift act, K.S.A. 65-3220 through 65-3244, and
amendments thereto, except as otherwise provided by this subsection. The
statement to be effective shall be signed by the applicant in the presence of
two witnesses who shall sign the statement in the presence of the donor.
The gift becomes effective upon the death of the donor. Delivery of the
identification card during the donor's lifetime is not necessary to make a
valid gift. Any valid gift statement executed prior to July 1, 2007, shall
remain effective until invalidated. The word "Donor" shall be placed on
the front of an applicant's identification card, indicating that the statement
for making an anatomical gift under this subsection has been executed by
such applicant.
Sec. 15. K.S.A. 8-235, 8-240, 8-1325 and 8-1328 and K.S.A. 2024
Supp. 8-243 and 8-1324 are hereby repealed.
Sec. 16. This act shall take effect and be in force from and after its
publication in the statute book.
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