Session Law

Identifying Information:L. 2002 ch. 043
Other Identifying Information:2002 Senate Bill 391
Tax Type:Vehicles
Brief Description:An Act regulating traffic; concerning failure to comply with traffic citation; amending K.S.A. 8-2110 and repealing the existing section.
Keywords:


Body:

CHAPTER 43

SENATE BILL No. 391

An Act regulating traffic; concerning failure to comply with traffic citation;

amending K.S.A. 8-2110 and repealing the existing section.


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

Section 1. K.S.A. 8-2110 is hereby amended to read as follows: 8-

2110. (a) Failure to comply with a traffic citation means failure either to

(1) appear before any district or municipal court in response to a traffic

citation and pay in full any fine and court costs imposed or (2) otherwise

comply with a traffic citation as provided in K.S.A. 8-2118, and amend-

ments thereto. Failure to comply with a traffic citation is a misdemeanor,

regardless of the disposition of the charge for which such citation was

originally issued.

(b) In addition to penalties of law applicable under subsection (a),

when a person fails to comply with a traffic citation, except for illegal

parking, standing or stopping, the district or municipal court in which the

person should have complied with the citation shall mail notice to the

person that if the person does not appear in district or municipal court

or pay all fines, court costs and any penalties within 30 days from the date

of mailing, the division of vehicles will be notified to suspend the person's

driving privileges. Upon the person's failure to comply within such 30

days, the district or municipal court shall notify the division of vehicles.

Upon receipt of a report of a failure to comply with a traffic citation under

this subsection, pursuant to K.S.A. 8-255, and amendments thereto, the

division of vehicles shall notify the violator and suspend the license of the

violator until satisfactory evidence of compliance with the terms of the

traffic citation has been furnished to the informing court. Upon receipt

of notification of such compliance the informing court shall notify from

the informing court, the division of vehicles and shall terminate the sus-

pension or suspension action shall be terminated.

(c) Except as provided in subsection (d), when the district or munic-

ipal court notifies the division of vehicles of a failure to comply with a

traffic citation pursuant to subsection (b), the court shall assess a rein-

statement fee of $50 for each charge on which the person failed to make

satisfaction regardless of the disposition of the charge for which such

citation was originally issued. Such reinstatement fee shall be in addition

to any fine, district or municipal court costs and other penalties. The court

shall remit all reinstatement fees 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 credit 50% of such moneys to the

division of vehicles operating fund, 37.5% to the community alcoholism

and intoxication programs fund created by K.S.A. 41-1126, and amend-

ments thereto, and 12.5% to the juvenile detention facilities fund created

by K.S.A. 79-4803, and amendments thereto.

(d) The district court or municipal court shall waive the reinstatement

fee provided for in subsection (c), if the failure to comply with a traffic

citation was the result of such person enlisting in or being drafted into

the armed services of the United States, being called into service as a

member of a reserve component of the military service of the United

States, or volunteering for such active duty, or being called into service

as a member of the state of Kansas national guard, or volunteering for

such active duty, and being absent from Kansas because of such military

service. In any case of a failure to comply with a traffic citation which

occurred on or after August 1, 1990, and prior to the effective date of

this act, in which a person was assessed and paid a reinstatement fee and

the person failed to comply with a traffic citation because the person was

absent from Kansas because of any such military service, the reinstate-

ment fee shall be reimbursed to such person upon application therefor.

The state treasurer and the director of accounts and reports shall pre-

scribe procedures for all such reimbursement payments and shall create

appropriate accounts, make appropriate accounting entries and issue such

appropriate vouchers and warrants as may be required to make such re-

imbursement payments.

Sec. 2. K.S.A. 8-2110 is hereby repealed.

Sec. 3. 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