An Act relating to drivers' licenses; amending K.S.A. 8-1408 and K.S.A. 1995 Supp. 8-240, as amended by section 1 of 1996 House Bill No. 2664, 8-243, 8-260 and 8-298 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1995 Supp. 8-240, as amended by section 1 of 1996 House Bill No. 2664, is hereby amended to read as follows: 8-240. (a) 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 or C, and $5 for all commercial classes. Every other application shall be made upon a form furnished by the division and accompanied by an examination fee of $3, unless a different fee is required by K.S.A. 8-241, and amendments thereto, and by the proper fee for the license for which the application is made. If the applicant is not required to take an examination the examination fee shall not be required. The examination shall consist of three tests, as follows: (1) Vision; (2) written; and (3) driving. If the applicant fails the vision test, the applicant may have cor- rection 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 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 appli- cant 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 ap- plication. If the applicant passes the reexamination, the applicant shall be issued the classified driver's license for which the applicant originally ap- plied, which license shall be issued to expire as if the applicant had passed the original examination.

(b) For the purposes of obtaining any driver's license, an applicant, except for any applicant under 16 years of age, shall provide at least two of the documents specified in K.S.A. 8-246, and amendments thereto. Any applicant under 16 years of age shall provide at least one of the documents specified in K.S.A. 8-246, and amendments thereto, which shall contain the date of birth of the applicant and such applicant's parent or guardian shall sign the application for any driver's license.

(c) Every application shall state the name, date of birth, sex and res- idence address of the applicant, and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and 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 suspen- sion, revocation or refusal. In addition to the above criteria, applications for commercial drivers' licenses and instruction permits for commercial licenses must include the following: The applicant's social security num- ber; the person's signature; the person's color 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.

(d) When an application is received from a person previously licensed in another jurisdiction, the division shall request a copy of the driver's record from the other jurisdiction. When received, the driver's record shall become a part of the driver's record in this state with the same force and effect as though entered on the driver's record in this state in the original instance.

(e) When the division receives a request for a driver's record from another licensing jurisdiction the record shall be forwarded without charge.

(f) A fee of $8 shall be charged for a class C driver's license or farm permit, a fee of $5 shall be charged for a class M driver's license and a fee of $12 shall be charged for a class A or B driver's license and a fee of $14 for any class of commercial license. A fee of $10 shall be charged for each commercial driver's license endorsement, except air brake endorse- ments which shall have no charge.

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 appli- cation 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.

Sec. 2. K.S.A. 1995 Supp. 8-243 is hereby amended to read as fol- lows: 8-243. (a) 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, which license shall bear thereon the class or classes of motor vehicles which the licensee is entitled to drive, a distinguishing number assigned to the licensee, which may be the licensee's social se- curity number, the name, date of birth, residence address, and a brief description of the licensee, a colored photograph of the licensee, a fac- simile of the signature of the licensee or a space upon which the licensee shall write such licensee's usual signature with pen and ink immediately upon receipt of the license 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 on and after July 1, 1994, to persons under the age of 21 years shall be readily distinguishable from licenses issued to persons age 21 years or older. Except as otherwise provided, no driver's license issued by the division shall be valid until a colored pho- tograph of such licensee has been placed on the driver's license. The secretary of revenue shall prescribe a fee of not more than $2 and upon payment of such fee the division shall cause a colored photograph of such applicant to be placed on the driver's license. Upon payment of such fee prescribed by the secretary of revenue, 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 a colored photograph of such licensee. A driver's license which does not contain a colored photograph of the licensee as required may be issued to persons exempted from such requirement. Any such license shall be valid for the purposes of the motor vehicle drivers' license act and the division shall set forth upon such driver's license the words ``valid without photo.'' Any person who is outside the state and for whom the division provides for renewal of the driver's license by mail is exempt from the requirement to have a colored photograph of such person placed on such person's driver's license. Any person belonging to a religious organization which has a basic objection to having their picture taken may sign a statement to that effect and such person shall then be exempt from the picture requirements of this section.

(b) All Kansas drivers' licenses issued to any person 16 years of age or older shall contain a form which provides a statement for making a gift of all or any part of the body of the licensee in accordance with the uniform anatomical gift act, except as otherwise provided by this subsec- tion. The statement to be effective shall be signed by the licensee 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 license during the donor's lifetime is not necessary to make a valid gift. Any valid gift statement executed prior to July 1, 1994, shall remain effective until invalidated. The word ``Donor'' shall be placed on the front of a licensee's driver's license, indicating that the statement for making an anatomical gift under this subsection has been executed by such licensee.

(c) On and after July 1, 1996, any person who is deaf or hard of hearing may request that the division issue to such person a drivers' li- cense which is readily distinguishable from drivers' licenses issued to other drivers and upon such request the division shall issue such license. Driv- ers' 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.

Sec. 3. K.S.A. 1995 Supp. 8-260 is hereby amended to read as fol- lows: 8-260. (a) It shall be unlawful for any person, for any purpose, to:

(1) Display or cause or permit to be displayed or have in possession any canceled, revoked, suspended, fictitious or fraudulently altered driv- er's license.

(2) Lend any driver's license to any other person or knowingly permit the use thereof by another.

(3) Display or represent as the person's own, any driver's license not issued to the person.

(4) Fail or refuse to surrender to the division upon its lawful demand any driver's license which has been suspended, revoked, or canceled.

(5) Use a false or fictitious name in any application for a driver's license, or any renewal or replacement thereof, or knowingly conceal a material fact, or otherwise commit a fraud in any such application.

(6) Permit any unlawful use of a driver's license issued to the person.

(7) Photograph, photostat, duplicate or in any way reproduce any driver's license or facsimile thereof in such a manner that it could be mistaken for a valid driver's license or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by law.

(8) Display or possess any photograph, photostat, duplicate or facsim- ile of a driver's license unless authorized by law.

(b) Violation of any provision paragraphs (2), (3), (4), (6), (7) or (8) of subsection (a) is a class B A misdemeanor. Violation of paragraphs (1) or (5) of subsection (a) is a severity level 9, nonperson felony.

(c) It shall be unlawful for any person to:

(1) Lend any driver's license to or knowingly permit the use of any driver's license by any person under 21 years of age for use in the purchase of any alcoholic liquor.

(2) Lend any driver's license to or knowingly permit the use of any driver's license by a person under the legal age for consumption of cereal malt beverage for use in the purchase of any cereal malt beverage.

(3) Lend any driver's license, nondriver's identification card or other form of identification to aid another person in wrongfully obtaining a driver's license or replacement driver's license.

(4) Display or cause to be displayed or have in possession any ficti- tious or fraudulently altered driver's license by any person under 21 years of age for use in the purchase of any alcoholic liquor or cereal malt bev- erage.

(d) Violation of any provision of subsection (c) is a class A misde- meanor.

(e) The provisions of this section shall apply to any driver's license, nondriver's identification card or other form of identification whether issued under the laws of this state or issued under the laws of another state or jurisdiction.

Sec. 4. K.S.A. 1995 Supp. 8-298 is hereby amended to read as fol- lows: 8-298. (a) The division of vehicles shall accept any voluntary sur- render of a driver's license by the licensee.

(b) A licensee may surrender such licensee's driver's license at any driver license examination station and such driver's license shall be for- warded to the division. Upon surrender of such driver's license, the di- vision shall note on the person's driving record that such driver's license has been voluntarily surrendered.

(c) Nothing herein shall prohibit a person from applying or the di- vision from granting a new driver's license upon application of such per- son, if the person is otherwise eligible to apply for a driver's license. No person who has voluntarily surrendered such person's driver's license shall be eligible to apply for a new license for a period of at least 90 days.

(d) The voluntary surrender of a driver's license under this section shall not affect the authority of the division or of a court to suspend, revoke, cancel or withdraw the person's driving privileges or the privilege to obtain a driver's license under any other statute or ordinance.

(e) This section shall be part of and supplemental to the motor vehicle drivers' license act.

Sec. 5. K.S.A. 8-1408 is hereby amended to read as follows: 8-1408. ``Cancellation of a driver's license'' means the annulment or termination by formal action of the division of a person's driver's license because of some error or defect in the license or because the licensee is not entitled to such license, but the cancellation of a license is without prejudice, except for a cancellation because of a violation of K.S.A. 8-260, and amendments thereto, and application for a new license may be made at any time after such cancellation.

Sec. 6. K.S.A. 8-1408 and K.S.A. 1995 Supp. 8-240, as amended by section 1 of 1996 House Bill No. 2664, 8-243, 8-260 and 8-298 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its publication in the statute book.

Approved May 11, 1996.