Session Law

Identifying Information:L. 2003 ch. 005
Other Identifying Information:2003 Senate Bill 16
Tax Type:Vehicles
Brief Description:An Act concerning drivers' licenses and other identification cards; relating to application requirements; photograph fees; amending K.S.A. 8-240, 8-243 and 8-1324 and repealing the existing sections.
Keywords:


Body:

CHAPTER 5

SENATE BILL No. 16

(Amended by Chapters 55 and 158)


An Act concerning drivers' licenses and other identification cards; relating to application

requirements; photograph fees; amending K.S.A. 8-240, 8-243 and 8-1324 and repealing


the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. 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 or instruc-

tion permit, an applicant shall submit, with the application, proof of age

or proof of identity, or both, as the division may require. An applicant

shall submit the applicant's social security number or a taxpayer identi-

fication number if the applicant does not have a social security number,

which shall remain confidential and shall not be disclosed, except as pro-

vided pursuant to K.S.A. 74-2012, and amendments thereto. If the appli-

cant does not have a social security number or a taxpayer identification

number, the applicant shall submit a sworn statement, with the applica-

tion, stating that the applicant does not have a social security number or

taxpayer identification number. The distinguishing number assigned to

the license or permit may be the applicant's social security number or a

taxpayer identification number if the applicant so requests in writing. If

the applicant is applying for an instruction permit or driver's license and

the applicant otherwise meets the requirements for such license, the ap-

plicant shall receive a temporary license or instruction permit until the

division verifies all facts relative to such applicant's right to receive an

instruction permit or driver's license, including the age, identity, social

security number, taxpayer identification number and residency of the ap-

plicant.

(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

prior to such application, and, if so, when and by what state or country,

and. Such application shall state 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 suspension, revocation or re-

fusal. In addition to the above criteria, applications for commercial driv-

ers' licenses and instruction permits for commercial licenses must include

the following: The applicant's social security number; the person's sig-

nature; the person's color photograph; certifications, including those re-

quired 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;

(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;

(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;

(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;

(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;

(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; or

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

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.

(g) Any person who possesses an identification card as provided in

K.S.A. 8-1324, and amendments thereto, shall surrender such identifica-

tion card to the division upon being issued a valid Kansas driver's license

or upon reinstatement and return of a valid Kansas driver's license.

Sec. 2. K.S.A. 8-243 is hereby amended to read as follows: 8-243. (a)

Upon payment of the required fee, the division shall issue to every ap-

plicant qualifying under the provisions of this act the driver's license as

applied for,which by the applicant. Such license shall bear thereon the

class or classes of motor vehicles which the licensee is entitled to drive,

a distinguishing number assigned to the licensee, which, if the licensee

so requests in writing, may be the licensee's social security number, the

name, date of birth, residence address, and a brief description of the

licensee, a colored photograph of the licensee, a facsimile of the signature

of the licensee or a space upon which the licensee shall write such li-

censee's usual signature with pen and ink immediately upon receipt of

the license and the statement provided for in subsection (b). No driver's

license shall be valid until it has been signed by the licensee. All drivers'

licenses issued on and after July 1, 1994, to persons under the age of 21

years shall be readily distinguishable from licenses issued to persons age

21 years or older. In addition, all drivers' licenses issued on and after July

1, 1997, to persons under the age of 18 years shall also be readily distin-

guishable from licenses issued to persons age 18 years or older. Except

as otherwise provided, on or after July 1, 2004, no driver's license issued

by the division shall be valid until a colored photograph of such licensee

has been taken and verified before being placed on the driver's license.

The secretary of revenue shall prescribe a fee of not more than $2 $4 and

upon payment of such fee the division shall cause a colored photograph

of such applicant to be placed on the driver's license. Upon payment of

such fee prescribed by the secretary of revenue, plus payment of the fee

required by K.S.A. 8-246, and amendments thereto, for issuance of a new

license, the division shall issue to such licensee a new license containing

a colored photograph of such licensee. A driver's license which does not

contain a colored photograph of the licensee as required may be issued

to persons exempted from such requirement. Any such license shall be

valid for the purposes of the motor vehicle drivers' license act and the

division shall set forth upon such driver's license the words ``valid without

photo.'' Any person who is outside the state and for whom the division

provides for renewal of the driver's license by mail is exempt from the

requirement to have a colored photograph of such person placed on such

person's driver's license. Any person belonging to a religious organization

which has a basic objection to having their picture taken may sign a state-

ment to that effect and such person shall then be exempt from the picture

requirements of this section.

(b) All Kansas drivers' licenses issued to any person 16 years of age

or older shall contain a form which provides a statement for making a gift

of all or any part of the body of the licensee in accordance with the

uniform anatomical gift act, except as otherwise provided by this subsec-

tion. The statement to be effective shall be signed by the licensee in the

presence of two witnesses who shall sign the statement in the presence

of the donor. The gift becomes effective upon the death of the donor.

Delivery of the license during the donor's lifetime is not necessary to

make a valid gift. Any valid gift statement executed prior to July 1, 1994,

shall remain effective until invalidated. The word ``Donor'' shall be placed

on the front of a licensee's driver's license, indicating that the statement

for making an anatomical gift under this subsection has been executed by

such licensee.

(c) On and after July 1, 1996, Any person who is deaf or hard of

hearing may request that the division issue to such person a drivers'

driver's license which is readily distinguishable from drivers' licenses is-

sued to other drivers and upon such request the division shall issue such

license. Drivers' licenses issued to persons who are deaf or hard of hearing

and under the age of 21 years shall be readily distinguishable from drivers'

licenses issued to persons who are deaf or hard of hearing and 21 years

of age or older.

Sec. 3. K.S.A. 8-1324 is hereby amended to read as follows: 8-1324.

(a) Any resident who does not hold a current valid Kansas driver's license

may make application to the division of vehicles and be issued one iden-

tification 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. For the purposes of obtaining any

identification card, an applicant shall submit, with the application, proof

of age or proof of identity, or both, as the division may require. An ap-

plicant shall submit the applicant's social security number or a taxpayer

identification number if the applicant does not have a social security num-

ber, which shall remain confidential and shall not be disclosed, except as

provided pursuant to K.S.A. 74-2012, and amendments thereto. If the

applicant does not have a social security number or a taxpayer identifi-

cation number, the applicant shall submit a sworn statement, with the

application, stating that the applicant does not have a social security num-

ber or taxpayer identification number. The distinguishing number as-

signed to the identification card may be the applicant's social security

number or a taxpayer identification number if the applicant so requests

in writing. If the applicant is applying for an identification card and the

applicant otherwise meets the requirements for such card, the applicant

shall receive a temporary identification card until the division verifies all

facts relative to such applicant's right to receive an identification card,

including the age, identity, social security number, taxpayer identification

number and residency of the applicant.

(c) The division shall not issue an identification card to any person

who is not lawfully present in the United States nor to any person who

holds a current valid Kansas driver's license unless such driver's license

has been physically surrendered pursuant to the provisions of subsection

(e) of K.S.A. 8-1002, and amendments thereto.

(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 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.

(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. 4. K.S.A. 8-240, 8-243 and 8-1324 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved March 7, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003