CHAPTER 82 SENATE BILL No. 55 An Act relating to drivers' licenses; concerning medical and vision requirements; amend-
ing K.S.A. 8-255b and K.S.A. 2000 Supp. 8-247 and 8-295 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 8-247 is hereby amended to read as
follows: 8-247. (a) All original licenses shall expire as follows:

      (1) Licenses issued to persons who are at least 21 years of age, but
less than 65 years of age shall expire on the sixth anniversary of the date
of birth of the licensee which is nearest the date of application;

      (2) licenses issued to persons who are less than 21 years of age or are
65 years of age or older shall expire on the fourth anniversary of the date
of birth of the licensee which is nearest the date of application; or

      (3) any commercial drivers license shall expire on the fourth anni-
versary of the date of birth of the licensee which is nearest the date of
application. All renewals under paragraph (1) shall expire on every sixth
anniversary of the date of birth of the licensee and all renewals under
paragraphs (2) and (3) shall expire on every fourth anniversary of the date
of birth of the licensee. No driver's license shall expire in the same cal-
endar year in which the original license or renewal license is issued, except
that if the foregoing provisions of this section shall require the issuance
of a renewal license or an original license for a period of less than six
calendar months, the license issued to the applicant shall expire in ac-
cordance with the provisions of this subsection.

      (b) If the driver's license of any person expires while such person is
outside of the state of Kansas and on active duty in the armed forces of
the United States, the license of such person shall be renewable, without
examination, at any time prior to the end of the sixth month following the
discharge of such person from the armed forces, or within 90 days after
reestablished residence within the state, whichever time is sooner. If the
driver's license of any person expires while such person is outside the
United States, the division shall provide for renewal by mail.

      (c) At least 30 days prior to the expiration of a person's license the
division shall mail a notice of expiration or renewal application to such
person at the address shown on the license. The division shall include
with such notice a copy of the eyesight examination form and a copy of
the written examination prescribed by subsection (e). In addition, a copy
of the Kansas driver's manual, prepared pursuant to K.S.A. 8-266b, and
amendments thereto, also shall be included.

      (d) Every driver's license shall be renewable on or before its expira-
tion upon application and payment of the required fee and successful
completion of the examinations required by subsection (e). Application
for renewal of a valid driver's license shall be made to the division in
accordance with rules and regulations adopted by the secretary of reve-
nue. Such application shall contain all the requirements of subsection (b)
of K.S.A. 8-240, and amendments thereto. Upon satisfying the foregoing
requirements of this subsection, and if the division makes the findings
required by K.S.A. 8-235b, and amendments thereto, for the issuance of
an original license, the license shall be renewed without examination of
the applicant's driving ability. If the division finds that any of the state-
ments relating to revocation, suspension or refusal of licenses required
under subsection (b) of K.S.A. 8-240, and amendments thereto, are in
the affirmative, or if it finds that the license held by the applicant is not
a valid one, or if the applicant has failed to make application for renewal
of such person's license on or before the expiration date thereof, the
division may require the applicant to take an examination of ability to
exercise ordinary and reasonable control in the operation of a motor ve-
hicle as provided in K.S.A. 8-235d, and amendments thereto.

      (e)  (1) Prior to renewal of a driver's license, the applicant shall pass
an examination of eyesight and a written examination of ability to read
and understand highway signs regulating, warning and directing traffic
and knowledge of the traffic laws of this state. Such examination shall be
equivalent to the tests required for an original driver's license under
K.S.A. 8-235d, and amendments thereto. A driver's license examiner shall
administer the examinations without charge and shall report the results
of the examinations on a form provided by the division, which shall be
submitted by the applicant to the division at the time such applicant
applies for license renewal.

      (2) In lieu of the examination of the applicant's eyesight by the ex-
aminer, the applicant may submit a report on the examination of eyesight
by a physician licensed to practice medicine and surgery or by a licensed
optometrist. The report shall be based on an examination of the appli-
cant's eyesight not more than three months prior to the date the report
is submitted, and it shall be made on a form furnished the applicant with
the notice of the expiration of license under subsection (c).

      (3) In lieu of the driver's license examiner administering the written
examination, the applicant may complete the examination furnished with
the notice of the expiration of license under subsection (c) and submit
the completed examination to the division.

      (4) The division shall determine whether the results of the written
examination and the eyesight reported are sufficient for renewal of the
license and, if the results of either or both of the examinations are insuf-
ficient, the division shall notify the applicant of such fact and return the
license fee. In determining the sufficiency of an applicant's eyesight, the
division may request an advisory opinion of the medical advisory board,
which is hereby authorized to render such opinions.

      (5) An applicant who is denied a license under this subsection (e)
may reapply for renewal of such person's driver's license, except that if
such application is not made within 90 days of the date the division sent
notice to the applicant that the license would not be renewed, the appli-
cant shall proceed as if applying for an original driver's license. If the
applicant has been denied renewal of such person's driver's license be-
cause such applicant failed to pass the written examination, the applicant
shall pay an examination fee of $1.50 to take the test again.

      (6) When the division has good cause to believe that an applicant for
renewal of a driver's license is incompetent or otherwise not qualified to
operate a motor vehicle in accord with the public safety and welfare, the
division may require such applicant to submit to such additional exami-
nations as are necessary to determine that the applicant is qualified to
receive the license applied for. Subject to paragraph (7) of this subsection,
in so evaluating such qualifications, the division may request an advisory
opinion of the medical advisory board which is hereby authorized to ren-
der such opinions in addition to its duties prescribed by subsection (b) of
K.S.A. 8-255b, and amendments thereto. Any such applicant who is de-
nied the renewal of such a driver's license because of a mental or physical
disability shall be afforded a hearing in the manner prescribed by sub-
section (c) of K.S.A. 8-255, and amendments thereto.

      (7) Seizure disorders which are controlled shall not be considered a
disability. In appropriate cases to which this paragraph applies cases
where such seizure disorders are not controlled, the director or the med-
ical advisory board may recommend that such person be issued a driver's
license to drive class C or M vehicles and restricted to operating such
vehicles as the division determines to be appropriate to assure the safe
operation of a motor vehicle by the licensee. Restricted licenses issued
pursuant to this paragraph shall be subject to suspension or revocation.
For the purpose of this paragraph, seizure disorders which are controlled
means that the licensee has not sustained a seizure involving a loss of
consciousness in the waking state within six months preceding the appli-
cation or renewal of a driver's license or and whenever a person licensed
to practice medicine and surgery in this state makes a written report to
the division stating that the licensee's seizures are controlled. The report
shall be based on an examination of the applicant's medical condition not
more than three months prior to the date the report is submitted. Such
report shall be made on a form furnished to the applicant by the division.
Any physician who makes such report shall not be liable for any damages
which may be attributable to the issuance or renewal of a driver's license
and subsequent operation of a motor vehicle by the licensee.

      (f) If the driver's license of any person expires while such person is
outside the state of Kansas, the license of such person shall be extended
for a period not to exceed six months and shall be renewable, without a
driving examination, at any time prior to the end of the sixth month fol-
lowing the original expiration date of such license or within 10 days after
such person returns to the state, whichever time is sooner.

      Sec.  2. K.S.A. 8-255b is hereby amended to read as follows: 8-255b.
(a) The secretary of revenue may appoint a medical advisory board which
shall be composed of five members. Such board shall be within the de-
partment of revenue and attached to the division of vehicles. The mem-
bers of the board shall include, but not be limited to, a physician licensed
to practice opthalmology ophthalmology, a licensed optometrist, a li-
censed psychiatrist, and a licensed physician specializing in internal med-
icine. The board shall meet at the request of the director of vehicles or
at the request of any two members of the advisory board or upon petition
to the advisory board by a person whose license to operate a motor vehicle
has been suspended or revoked. Members of the medical advisory board
attending meetings of such board, or attending a subcommittee meeting
thereof authorized by such board, shall be paid compensation, subsistence
allowances, mileage and other expenses as provided in K.S.A. 75-3223,
and amendments thereto.

      (b) The medical advisory board is created for the purpose of giving
advisory opinions to the director of vehicles in the case of any person
whose license to operate a motor vehicle has been suspended or, revoked
or reviewed by the director of vehicles and for good cause shown that the
operation of a motor vehicle on a highway by such person would be in-
imical to public safety and welfare because of an existing or suspected
mental or physical disability.

      (c) The providing of advisory opinions by the medical advisory board
and action pursuant thereto by the director of vehicles is a discretionary
function or duty under the Kansas tort claims act.

      Sec.  3. K.S.A. 2000 Supp. 8-295 is hereby amended to read as fol-
lows: 8-295. Each driver's license examiner shall use the following vision
standards for driver's license applicants:

      (a) Each applicant testing 20/40 or better in at least one eye at the
examination station shall meet the vision requirements. The driver's li-
cense examiner shall give each applicant failing to meet this test a vision
form and refer the applicant to an ophthalmologist or optometrist of the
applicant's choice.

      (b) Each applicant who has received a vision report from an oph-
thalmologist or optometrist shall have 20/60 or better vision in at least one
eye, with or without standard corrective lens, as determined by an oph-
thalmologist or optometrist to be eligible to be issued a driver's license.

      (c) The driver's license examiner shall require each individual with a
reading of 20/60 in the better eye, with or without standard corrective lens,
to submit to a driver's test.

      (d) An applicant failing to meet any of the above standards may be
issued a driver's license if the applicant can demonstrate that the applicant
can safely operate a vehicle and has had a good driving record for the
previous three years. The division may impose reasonable restrictions on
such license, as provided in K.S.A. 8-245, and amendments thereto.

      (e) An applicant failing to meet the standards in subsections (a)
through (d) shall be afforded a hearing in the manner prescribed by sub-
section (c) of K.S.A. 8-255, and amendments thereto.

      (f) No optometrist or ophthalmologist reporting to the division or to
the medical advisory board in good faith any information which such
person may have relating to the visual condition or other ability of an
applicant for a driver's license to safely operate a motor vehicle shall be
subject to a civil action for damages as a result of reporting such infor-
mation including any information provided in a vision report.

 Sec.  4. K.S.A. 8-255b and K.S.A. 2000 Supp. 8-247 and 8-295 are
hereby repealed.
 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 3, 2001.
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