CHAPTER 60 HOUSE BILL No. 2808 An  Act relating to the division of vehicles; concerning driver's licenses and identification
cards; providing information for an organ donation registry program; amending K.S.A.
8-247 and 8-1325 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. (a) Information obtained under K.S.A. 8-247 and 8-
1325, and amendments thereto, from the division of vehicles by the Kan-
sas federally designated organ procurement organization shall be used for
the purpose of establishing a statewide organ and tissue donor registry
accessible to in-state recognized cadaveric organ and cadaveric tissue
agencies for the recovery or placement of organs and tissue and to pro-
curement agencies in another state when a Kansas resident is a donor of
an anatomical gift and is not located in Kansas at the time of death or
immediately before the death of the donor. No organ or tissue donation
organization may obtain information from the organ and tissue donor
registry for the purposes of fund-raising. Organ and tissue donor registry
information shall not be further disseminated unless authorized in this
section or by federal law. Dissemination of organ and tissue donor registry
information may be made by the Kansas federally designated organ pro-
curement organization to a recognized in-state procurement agency for
other tissue recovery, or an out-of-state federally designated organ pro-
curement agency.

      (b) The Kansas federally designated organ procurement organization
may acquire donor information from sources other than the division of
vehicles.

      (c) All costs associated with the creation and maintenance of the or-
gan and tissue donor registry shall be paid by the Kansas federally des-
ignated organ procurement organization. Such organization shall also pay
the costs of providing and maintaining the written information and edu-
cational materials required to be distributed under subsection (g) of
K.S.A. 8-247, and amendments thereto, and under subsection (b) of
K.S.A. 8-1325, and amendments thereto.

      (d) An individual does not need to participate in the organ and tissue
donor registry to be a donor of organs or tissue. The registry is to facilitate
organ and tissue donations and not inhibit Kansans from being donors
upon death.

      Sec.  2. K.S.A. 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: (1) A copy of the eyesight examination form and; (2) a
copy of the written examination prescribed by subsection (e). In addition,;
(3) a copy of the Kansas driver's manual, prepared pursuant to K.S.A. 8-
266b, and amendments thereto, also shall be included; and (4) the written
information required under subsection (g).

      (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 cases where such seizure disorders are not controlled, the
director or the medical 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 involv-
ing a loss of consciousness in the waking state within six months preceding
the application or renewal of a driver's license and whenever a person
licensed to practice medicine and surgery 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.

      (g) The division shall provide the following information in a person's
notice of expiration or renewal under subsection (c):

      (1) Written information explaining the person's right to make an an-
atomical gift in accordance with K.S.A. 8-243, and amendments thereto,
and the uniform anatomical gift act;

      (2) written information describing the organ donation registry pro-
gram maintained by the Kansas federally designated organ procurement
organization. The written 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 ad-
visory to call such designated organ procurement organization with ques-
tions about the organ donor registry program;

      (3) written information giving the applicant the opportunity to be
placed on the organ donation registry described in paragraph (2);

      (4) inform the applicant in writing 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 ad-
dress 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 printed material enclosed with a mailed notice for
driver's license renewal; or

      (B) providing printed material to an applicant who personally ap-
pears at an examining station;

      (6) if an applicant indicates a willingness under this subsection to
have such applicant's name placed on the organ donor registry, the di-
vision shall within 10 days forward the applicant's name, gender, date of
birth and most recent address to the organ donor registry maintained by
the Kansas federally designated organ procurement organization. The di-
vision may forward information under this subsection by mail or by elec-
tronic 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 informa-
tion 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.

      Sec.  3. K.S.A. 8-1325 is hereby amended to read as follows: 8-1325.
(a) Every identification card shall expire, unless earlier canceled, 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. Re-
newal 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. On and after January 1, 1999, For any person
who has only been issued an 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 identifi-
cation card. The division shall include with such notice, written infor-
mation required under subsection (b). Any application for renewal re-
ceived later than 90 days after expiration of the identification card shall
be considered to be an application for an original identification card. The
division, at the end of six years and six months after the issuance or re-
newal of an identification card, shall destroy any record of the card if it
has expired and has not been renewed. The division shall require payment
of a fee of $8 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 only $4.

      (b) The division shall provide the following information under sub-
section (a):

      (1) Written information explaining the person's right to make an an-
atomical gift in accordance with K.S.A. 8-1328, and amendments thereto,
and the uniform anatomical gift act;

      (2) written information describing the organ donation registry pro-
gram maintained by the Kansas federally designated organ procurement
organization. The written 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 ad-
visory to call such designated organ procurement organization with ques-
tions about the organ donor registry program;

      (3) written information giving the applicant the opportunity to be
placed on the organ donation registry described in paragraph (2);

      (4) inform the applicant in writing 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 ad-
dress 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 printed material enclosed with a mailed notice for an
identification card renewal; or

      (B) providing printed material to an applicant who personally applies
for an identification card;

      (6) if an applicant indicates a willingness under this subsection to
have such applicant's name placed on the organ donor registry described,
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 divi-
sion may forward information under this subsection by mail or by elec-
tronic 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 informa-
tion 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.

      Sec.  4. K.S.A. 8-247 and 8-1325 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 9, 2002.
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