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HOUSE BILL No. 2192 (Amended by Chapter 158)

     
An Act relating to the division of vehicles; concerning certain fees for drivers' licenses and
identification cards; amending K.S.A. 8-240, 8-267 and 8-1324 and K.S.A. 2002 Supp.
8-1325 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. There is hereby created in the state treasury the
photo fee fund. All moneys credited to the photo fee fund shall be used
by the department of revenue only for the purpose of funding the ad-
ministration and operation, including equipment, associated with the is-
suance of drivers' licenses and identification cards. All expenditures from
the photo fee fund shall be made in accordance with appropriation acts,
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary of the department of revenue.

      Sec.  2. K.S.A. 8-240 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, C or M and $5 for all commercial classes. Every other appli-
cation shall be made upon a form furnished by the division and accom-
panied 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 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 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 fur-
nished 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 ap-
plicant 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 appli-
cant 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.

      (b)  (1) For the purposes of obtaining any driver's license, an appli-
cant shall submit, with the application, proof of age or proof of identity,
or both, as the division may require.

      (2) An applicant who submits proof of age or of identity issued by an
entity other than a state or the United States shall also submit such proof
as the division may require that the applicant is lawfully present in the
United States.

      (3) The division shall not issue any driver's license to any person who
is not lawfully present in the United States.

      (4) The division shall not issue any driver's license 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 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 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 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, $12 $18;

      (2) for a class C driver's license issued to a person less than 21 years
of age or 65 years of age or older, or a farm permit, $8 $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, $6.50 $12.50;

      (4) for a class M driver's license issued to a person less than 21 years
of age or 65 years of age or older, $5 $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, $18 $24;

      (6) for a class A or B driver's license issued to a person less than 21
years of age or 65 years of age or older, $12 $16; or

      (7) for any class of commercial driver's license, $14 $18.

      A fee of $10 shall be charged for each commercial driver's license
endorsement, except air brake endorsements 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.  3. K.S.A. 8-267 is hereby amended to read as follows: 8-267. All
moneys received under this act shall be remitted by the secretary of rev-
enue to the state treasurer in accordance with the provisions of 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
and shall:

      (a) Credit 37.5% of all moneys so received from class C driver's li-
censes and 20% of all moneys so received from class M driver's licenses
and 20% of all moneys so received from class A or B driver's licenses and
20% of all moneys so received from all commercial driver licensee classes
remaining after the $2 credit provided in subsection (c) to a special fund,
which is hereby created and shall be known as the ``state safety fund'';

      (b) credit 20% of all moneys so received from class M driver's licenses
to a special fund which is hereby created and shall be known as the
``motorcycle safety fund''; and

      (c) credit $2 from each commercial driver's license fee to a special
fund which is hereby created and shall be known as the ``truck driver
training fund''.; and

      (d) credit all photo fees collected under K.S.A. 8-243, and amend-
ments thereto, to the photo fee fund.

      Moneys in the state safety fund and in the motorcycle safety fund shall
be distributed to provide funds for driver training courses in the schools
in Kansas and for the administration of this act, as the legislature shall
provide. In addition, moneys in the motorcycle safety fund shall be dis-
tributed to provide funds for courses in motorcycle safety in community
colleges in Kansas. Moneys in the truck driver training fund shall be
distributed to provide funds for courses in truck driver training in com-
munity colleges, area vocational schools and area vocational-technical
schools in Kansas. Except as otherwise provided by K.S.A. 8-241, and
amendments thereto, the state treasurer shall credit the balance of all
moneys received under this act, including all moneys received from com-
mercial driver's license endorsements to the state highway fund.

      Sec.  4. K.S.A. 8-1324 is hereby amended to read as follows: 8-1324.
(a) Any resident may make application to the division of vehicles and be
issued one identification card, certified by the registrant and attested by
the division as to true name, correct age, photograph and other identifying
data as the division may require. Every application for an identification
card shall be signed and verified by the applicant and shall contain such
bona fide documentary evidence of the age and identity of such applicant
as the division may require.

      (b) An applicant who submits documentary evidence under subsec-
tion (a), issued by an entity other than a state or the United States shall
also submit such proof as the division may require that the applicant is
lawfully present in the United States.

      (c) The division shall not issue an identification card to any person
who is not lawfully present in the United States.

      (d) The parent or guardian of an applicant under 16 years of age shall
sign the application for an identification card submitted by such applicant.

      (e) The division shall require payment of a fee of $8 $14 at the time
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
$4 $10.

      (f) For the purposes of K.S.A. 8-1324 through 8-1328, and amend-
ments thereto, a person shall be deemed to be a resident of the state if:

      (1) The person owns, leases or rents a place of domicile in this state;

      (2) the person engages in a trade, business or profession in this state;

      (3) the person is registered to vote in this state;

      (4) the person enrolls the person's child in a school in this state; or

      (5) the person registers the person's motor vehicle in this state.

      Sec.  5. K.S.A. 2002 Supp. 8-1325 is hereby amended to read as fol-
lows: 8-1325. (a) Every identification card shall expire, unless earlier can-
celed, 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 identi-
fication card, unless surrendered earlier. For any person who has only
been issued an identification card, the division shall mail a notice of ex-
piration 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 un-
der 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, at the end
of six years and six months after the issuance or renewal of an identifi-
cation 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 $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 only
$4 $10.

      (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' fed-
erally designated organ procurement organization, along with an advisory
to call such designated organ procurement organization with questions
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 un-
der this subsection a willingness to have such applicant's name placed on
the organ donor registry described in paragraph (2), the division will for-
ward the applicant's name, gender, date of birth and most recent address
to the organ donation registry maintained by the Kansas federally desig-
nated 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 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.

 Sec.  6. K.S.A. 8-240, 8-267 and 8-1324 and K.S.A. 2002 Supp. 8-1325
are hereby repealed.

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

Approved April 14, 2003.
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