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10  AN ACT relating to the division of vehicles; concerning the expiration
11    date of driver's licenses and nondriver identification cards; amending
12    K.S.A. 8-1325 and K.S.A. 1996 Supp. 8-240, 8-246 and 8-247 and re-
13    pealing the existing sections.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    Section 1.  K.S.A. 1996 Supp. 8-240 is hereby amended to read as
17  follows: 8-240. (a) Every application for an instruction permit shall be
18  made upon a form furnished by the division of vehicles and accompanied
19  by a fee of $2 for class A, B or C, C or M, and $5 for all commercial
20  classes. Every other application shall be made upon a form furnished by
21  the division and accompanied by an examination fee of $3, unless a dif-
22  ferent fee is required by K.S.A. 8-241, and amendments thereto, and by
23  the proper fee for the license for which the application is made. If the
24  applicant is not required to take an examination the examination fee shall
25  not be required. The examination shall consist of three tests, as follows:
26    (1) Vision; (2) written; and (3) driving. If the applicant fails the vision test,
27  the applicant may have correction of vision made and take the vision test
28  again without any additional fee. If an applicant fails the written test, the
29  applicant may take such test again upon the payment of an additional
30  examination fee of $1.50. If an applicant fails the driving test, the appli-
31  cant may take such test again upon the payment of an additional exami-
32  nation fee of $1.50. If an applicant fails to pass all three of the tests within
33  a period of six months from the date of original application and desires
34  to take additional tests, the applicant shall file an application for reex-
35  amination upon a form furnished by the division, which shall be accom-
36  panied by a reexamination fee of $3, except that any applicant who fails
37  to pass the written or driving portion of an examination four times within
38  a six-month period, shall be required to wait a period of six months from
39  the date of the last failed examination before additional examinations may
40  be given. Upon the filing of such application and the payment of such
41  reexamination fee, the applicant shall be entitled to reexamination in like
42  manner and subject to the additional fees and time limitation as provided
43  for examination on an original application. If the applicant passes the
HB 2073--Am.
                                     

 1  reexamination, the applicant shall be issued the classified driver's license
 2  for which the applicant originally applied, which license shall be issued
 3  to expire as if the applicant had passed the original examination.
 4    (b)  For the purposes of obtaining any driver's license, an applicant,
 5  except for any applicant under 16 years of age, shall provide at least two
 6  of the documents specified in K.S.A. 8-246, and amendments thereto.
 7  Any applicant under 16 years of age shall provide at least one of the
 8  documents specified in K.S.A. 8-246, and amendments thereto, which
 9  shall contain the date of birth of the applicant and such applicant's parent
10  or guardian shall sign the application for any driver's license.
11    (c)  Every application shall state the name, date of birth, sex and res-
12  idence address of the applicant, and briefly describe the applicant, and
13  shall state whether the applicant has theretofore been licensed as a driver,
14  and, if so, when and by what state or country, and whether any such
15  license has ever been suspended or revoked, or whether an application
16  has ever been refused, and, if so, the date of and reason for such suspen-
17  sion, revocation or refusal. In addition to the above criteria, applications
18  for commercial drivers' licenses and instruction permits for commercial
19  licenses must include the following:  The applicant's social security num-
20  ber; the person's signature; the person's color photograph; certifications,
21  including those required by 49 C.F.R. 383.71(a), effective January 1,
22  1991; a consent to release driving record information; and, any other
23  information required by the division.
24    (d)  When an application is received from a person previously licensed
25  in another jurisdiction, the division shall request a copy of the driver's
26  record from the other jurisdiction. When received, the driver's record
27  shall become a part of the driver's record in this state with the same force
28  and effect as though entered on the driver's record in this state in the
29  original instance.
30    (e)  When the division receives a request for a driver's record from
31  another licensing jurisdiction the record shall be forwarded without
32  charge.
33    (f)  A fee of $8 shall be charged for a class C driver's license or farm
34  permit, a fee of $5 shall be charged for a class M driver's license and a
35  fee of $12 shall be charged for a class A or B driver's license and a fee of
36  $14 for any class of commercial license.
37    A fee shall be charged as follows:
38    (1)  For a class C driver's license issued to a person at least 21 years
39  of age, but less than 65 years of age, $12;
40    (2)  for a class C driver's license issued to a person less than 21 years
41  of age or 65 years of age or older, or a farm permit, $8;
42    (3)  for a class M driver's license issued to a person at least 21 years
43  of age, but less than 65 years of age, $6.50;
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 1    (4)  for a class M driver's license issued to a person less than 21 years
 2  of age or 65 years of age or older, $5;
 3    (5)  for a class A or B driver's license issued to a person who is at least
 4  21 years of age, but less than 65 years of age, $18;
 5    (6)  for a class A or B driver's license issued to a person less than 21
 6  years of age or 65 years of age or older, $12; or
 7    (7)  for any class of commercial driver's license issued to a person at
 8  least 21 years of age, but less than 65 years of age, $21; or
 9    (8)  for any class of commercial driver's license issued to a person less
10  than 21 years of age or 65 years of age or older, $14.
11    A fee of $10 $12 $10 shall be charged for each commercial driver's
12  license endorsement, except air brake endorsements which shall have no
13  charge.
14    If one fails to make an original application or renewal application for a
15  driver's license within the time required by law, or fails to make appli-
16  cation within 60 days after becoming a resident of Kansas, a penalty of
17  $1 shall be added to the fee charged for the driver's license.
18    Sec. 2.  K.S.A. 1996 Supp. 8-246 is hereby amended to read as fol-
19  lows: 8-246. (a) If a driver's license issued under the provisions of this act
20  is lost or destroyed, or if a new name is acquired, the person to whom
21  such driver's license was issued may obtain a replacement upon:
22    (1)  Furnishing satisfactory proof of the loss, destruction or name
23  change to the division, including an affidavit stating the circumstances of
24  the loss, destruction or name change;
25    (2)  payment of a fee of $4 $8; and
26    (3)  furnishing proof of the person's identity as provided in subsection
27    (b).
28    (b)  For the purposes of obtaining a replacement driver's license,
29  proof of a person's identity shall include at least two of the following
30  documents, one of the documents shall bear the person's signature and
31  one of the documents shall bear the person's age or one of the documents
32  shall bear the person's signature and age:
33    (1)  Military identification card;
34    (2)  military dependent identification card;
35    (3)  military discharge papers;
36    (4)  military D.D. 214;
37    (5)  an original or certified copy of a state issued birth certificate;
38    (6)  marriage license;
39    (7)  medicare identification card;
40    (8)  certified copy of court order specifying a change of name of the
41  person;
42    (9)  commercially produced school yearbook with photograph of the
43  person, and the book is less than five years old;
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 1    (10)  a passport issued by any country;
 2    (11)  alien registration documents;
 3    (12)  expired or current driver's license or identification card issued
 4  by the Kansas division of vehicles or an expired or current driver's license
 5  or identification card of another state issued by similar authority, and for
 6  any document in this item (12) the document must bear a photograph of
 7  the person;
 8    (13)  student identification card bearing the photograph of the person;
 9    (14)  employee identification card bearing the photograph of the per-
10  son;
11    (15)  a birth certificate issued by any country;
12    (16)  a copy of any federal or state income tax return bearing the
13  signature of the person; or
14    (17)  an identification certificate issued by the department of correc-
15  tions to an offender under the supervision of the secretary of corrections.
16    (c)  The division may waive the furnishing of one of the documents
17  required by subsection (b) in the case of: (1) A person who is 65 or more
18  years of age; or (2) an inmate who has been released on parole, conditional
19  release or expiration of the inmate's maximum sentence. When additional
20  clarification is needed to adequately describe any of the above items, the
21  division shall specify such clarification in making the requirement for such
22  item.
23    (d)  In lieu of providing one of the documents required by subsection
24    (b), a person may recite to the satisfaction of the driver's license examiner
25  the recent motor vehicle operating record of the person.
26    (e)  Any person who loses a driver's license and who, after obtaining
27  a replacement, finds the original license shall immediately surrender the
28  original license to the division.
29    Sec. 3.  K.S.A. 1996 Supp. 8-247 is hereby amended to read as fol-
30  lows: 8-247. (a) All original licenses shall expire on the fourth anniversary
31  of the date of birth of the licensee which is nearest the date of application.
32  All renewals thereof, shall expire on every fourth anniversary of the date
33  of birth of the licensee issued to persons shall expire as follows:
34    (1)  Who Licenses issued to persons who are at least 21 years of
35  age, but less than 65 years of age shall expire on the sixth anniversary of
36  the date of birth of the licensee which is nearest the date of application;
37  or
38    (2)  licenses issued to persons who are less than 21 years of age or
39  are 65 years of age or older shall expire on the fourth anniversary of the
40  date of birth of the licensee which is nearest the date of application; or
41    (3)  any commercial drivers license shall expire on the fourth
42  anniversary of the date of birth of the licensee which is nearest the
43  date of application. All renewals under paragraph (1) shall expire on
HB 2073--Am.
                                     

 1  every sixth anniversary of the date of birth of the licensee and all renewals
 2  under paragraph (2) paragraphs (2) and (3) shall expire on every fourth
 3  anniversary of the date of birth of the licensee. No driver's license shall
 4  expire in the same calendar year in which the original license or renewal
 5  license is issued, except that if the foregoing provisions of this section
 6  shall require the issuance of a renewal license or an original license for a
 7  period of less than six calendar months, the license issued to the applicant
 8  shall expire at midnight on every fourth anniversary of the date of birth
 9  of the applicant in accordance with the provisions of this subsection.
10    (b)  If the driver's license of any person expires while such person is
11  outside of the state of Kansas and on active duty in the armed forces of
12  the United States, the license of such person shall be renewable, without
13  examination, at any time prior to the end of the sixth month following the
14  discharge of such person from the armed forces, or within 90 days after
15  reestablished residence within the state, whichever time is sooner. If the
16  driver's license of any person expires while such person is outside the
17  United States, the division shall provide for renewal by mail.
18    (c)  At least 30 days prior to the expiration of a person's license the
19  division shall mail a notice of expiration or renewal application to such
20  person at the address shown on the license. The division shall include
21  with such notice a copy of the eyesight examination form and a copy of
22  the written examination prescribed by subsection (e). In addition, a copy
23  of the Kansas driver's manual, prepared pursuant to K.S.A. 8-266b, and
24  amendments thereto, also shall be included.
25    (d)  Every driver's license shall be renewable on or before its expira-
26  tion upon application and payment of the required fee and successful
27  completion of the examinations required by subsection (e). Application
28  for renewal of a valid driver's license shall be made to the division in
29  accordance with rules and regulations adopted by the secretary of reve-
30  nue. Such application shall contain all the requirements of subsection (b)
31  of K.S.A. 8-240, and amendments thereto. Upon satisfying the foregoing
32  requirements of this subsection, and if the division makes the findings
33  required by K.S.A. 8-235b, and amendments thereto, for the issuance of
34  an original license, the license shall be renewed without examination of
35  the applicant's driving ability. If the division finds that any of the state-
36  ments relating to revocation, suspension or refusal of licenses required
37  under subsection (b) of K.S.A. 8-240, and amendments thereto, are in
38  the affirmative, or if it finds that the license held by the applicant is not
39  a valid one, or if the applicant has failed to make application for renewal
40  of such person's license on or before the expiration date thereof, the
41  division may require the applicant to take an examination of ability to
42  exercise ordinary and reasonable control in the operation of a motor ve-
43  hicle as provided in K.S.A. 8-235d, and amendments thereto.
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 1    (e) (1)  Prior to renewal of a driver's license, the applicant shall pass
 2  an examination of eyesight and a written examination of ability to read
 3  and understand highway signs regulating, warning and directing traffic
 4  and knowledge of the traffic laws of this state. Such examination shall be
 5  equivalent to the tests required for an original driver's license under
 6  K.S.A. 8-235d, and amendments thereto. A driver's license examiner shall
 7  administer the examinations without charge and shall report the results
 8  of the examinations on a form provided by the division, which shall be
 9  submitted by the applicant to the division at the time such applicant
10  applies for license renewal.
11    (2)  In lieu of the examination of the applicant's eyesight by the ex-
12  aminer, the applicant may submit a report on the examination of eyesight
13  by a physician licensed to practice medicine and surgery or by a licensed
14  optometrist. The report shall be based on an examination of the appli-
15  cant's eyesight not more than three months prior to the date the report
16  is submitted, and it shall be made on a form furnished the applicant with
17  the notice of the expiration of license under subsection (c).
18    (3)  In lieu of the driver's license examiner administering the written
19  examination, the applicant may complete the examination furnished with
20  the notice of the expiration of license under subsection (c) and submit
21  the completed examination to the division.
22    (4)  The division shall determine whether the results of the written
23  examination and the eyesight reported are sufficient for renewal of the
24  license and, if the results of either or both of the examinations are insuf-
25  ficient, the division shall notify the applicant of such fact and return the
26  license fee. In determining the sufficiency of an applicant's eyesight, the
27  division may request an advisory opinion of the medical advisory board,
28  which is hereby authorized to render such opinions.
29    (5)  An applicant who is denied a license under this subsection (e)
30  may reapply for renewal of such person's driver's license, except that if
31  such application is not made within 90 days of the date the division sent
32  notice to the applicant that the license would not be renewed, the appli-
33  cant shall proceed as if applying for an original driver's license. If the
34  applicant has been denied renewal of such person's driver's license be-
35  cause such applicant failed to pass the written examination, the applicant
36  shall pay an examination fee of $1.50 to take the test again.
37    (6)  When the division has good cause to believe that an applicant for
38  renewal of a driver's license is incompetent or otherwise not qualified to
39  operate a motor vehicle in accord with the public safety and welfare, the
40  division may require such applicant to submit to such additional exami-
41  nations as are necessary to determine that the applicant is qualified to
42  receive the license applied for. Subject to paragraph (7) of this subsection,
43  in so evaluating such qualifications, the division may request an advisory
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 1  opinion of the medical advisory board which is hereby authorized to ren-
 2  der such opinions in addition to its duties prescribed by subsection (b) of
 3  K.S.A. 8-255b, and amendments thereto. Any such applicant who is de-
 4  nied the renewal of such a driver's license because of a mental or physical
 5  disability shall be afforded a hearing in the manner prescribed by sub-
 6  section (c) of K.S.A. 8-255, and amendments thereto.
 7    (7)  Seizure disorders which are controlled shall not be considered a
 8  disability. In appropriate cases to which this paragraph applies, the di-
 9  rector or the medical advisory board may recommend that such person
10  be issued a driver's license to drive class C or M vehicles and restricted
11  to operating such vehicles as the division determines to be appropriate
12  to assure the safe operation of a motor vehicle by the licensee. Restricted
13  licenses issued pursuant to this paragraph shall be subject to suspension
14  or revocation. For the purpose of this paragraph, seizure disorders which
15  are controlled means that the licensee has not sustained a seizure involv-
16  ing a loss of consciousness in the waking state within six months preceding
17  the application or renewal of a driver's license or whenever a person
18  licensed to practice medicine and surgery in this state makes a written
19  report to the division stating that the licensee's seizures are controlled.
20  Any physician who makes such report shall not be liable for any damages
21  which may be attributable to the issuance or renewal of a driver's license
22  and subsequent operation of a motor vehicle by the licensee.
23    (f)  If the driver's license of any person expires while such person is
24  outside the state of Kansas, the license of such person shall be extended
25  for a period not to exceed six months and shall be renewable, without a
26  driving examination, at any time prior to the end of the sixth month fol-
27  lowing the original expiration date of such license or within 10 days after
28  such person returns to the state, whichever time is sooner.
29    Sec. 4.  K.S.A. 8-1325 is hereby amended to read as follows: 8-1325.
30  Every identification card shall expire, unless earlier canceled, on the
31  fourth sixth birthday of the applicant following the date of original issue,
32  except as otherwise provided by K.S.A. 8-1329, and amendments thereto.
33  Renewal of any identification card shall be made for a term of four six
34  years and shall expire in a like manner as the originally issued identifi-
35  cation card, unless surrendered earlier. Any application for renewal re-
36  ceived later than 90 days after expiration of the identification card shall
37  be considered to be an application for an original identification card. The
38  division, at the end of four six years and six months after the issuance or
39  renewal of an identification card, shall destroy any record of the card if
40  it has expired and has not been renewed. The division shall require pay-
41  ment of a fee of $6 $8 for each identification card renewal, except that
42  persons who are 65 or more years of age or who are handicapped, as
43  defined in K.S.A. 8-1,124, and amendments thereto, shall be required to
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 1  pay a fee of only $2 $4.
 2    Sec. 5.  K.S.A. 8-1325 and K.S.A. 1996 Supp. 8-240, 8-246 and 8-247
 3  are hereby repealed.
 4    Sec. 6.  This act shall take effect and be in force from and after Jan-
 5  uary 1, 1998, and its publication in the statute book.