Session Law

Identifying Information:L. 2002 ch. 060
Other Identifying Information:2002 House Bill 2808
Tax Type:Vehicles
Brief Description: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.
Keywords:


Body:

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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Date Composed: 10/10/2002 Date Modified: 10/10/2002