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HOUSE BILL No. 2467
AN ACT concerning traffic regulations; relating to failure to comply with a traffic citation;
prohibiting past convictions or sanctions that are more than five years old from being
considered by courts or the division of vehicles in determining suspended or
restricted driving privileges; eliminating certain notice requirements for the division
of vehicles related to suspended or restricted drivers' licenses; amending K.S.A. 2025
Supp. 8-2110 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 Supp. 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 any fine and court costs imposed
as ordered by the court; or (2) otherwise comply with a traffic citation
as provided in K.S.A. 8-2118, and amendments 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) (1) (A) In addition to penalties of law applicable under
subsection (a), when a person fails to comply with a traffic citation,
except for any violations provided in subparagraph (C), 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 fines, court costs and any penalties
as ordered by the court within 30 days from the date of mailing notice,
the division of vehicles will be notified to suspend the person's driving
privileges unless such person is eligible for restricted driving privileges
pursuant to subparagraph (B). If the person is eligible for restricted
driving privileges, the division of vehicles shall restrict such person's
driving privileges pursuant to the terms set forth in subparagraph (B).
The district or municipal court may charge an additional fee of $5 for
mailing such notice. Upon the person's failure to comply within such 30
days of mailing notice, the district or municipal court shall
electronically notify the division of vehicles unless the district or
municipal court has determined pursuant to a written order that the
person shall fulfill any requirements set forth by the court prior to the
suspension. Failure to abide by the terms of the order shall result in the
court notifying the division of vehicles that the person's license shall be
suspended for the failure to comply with a traffic citation. 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 substantial compliance with
the terms of the traffic citation has been furnished to the informing
court unless such person is eligible for restricted driving privileges
pursuant to subparagraph (B). If the person is eligible for restricted
driving privileges, the division of vehicles shall notify the violator that
the person's driving privileges are restricted pursuant to the terms set
forth in subparagraph (B). When the court determines the person is in
substantial compliance with the terms of the traffic citation, the court
shall immediately electronically notify the division of vehicles of such
compliance. Upon receipt of notification of such compliance from the
informing court, the division of vehicles shall terminate the restriction,
suspension or suspension action.
(B) (i) When restricted driving privileges are approved pursuant to
this subsection, the person's driving privileges shall be restricted to
driving only under the following circumstances:
(a) In going to or returning from the person's place of employment
or schooling;
(b) in the course of the person's employment;
(c) in going to or returning from an appointment with a healthcare
provider or during a medical emergency;
(d) in going to and returning from probation or parole meetings,
drug or alcohol counseling or any place the person is required to go by
a court;
(e) in going to or returning from dropping off or picking up one or
more children from school or child care;
HOUSE BILL No. 2467—page 2
(f) in going to or returning from purchasing groceries or fuel for
their vehicle; and
(g) in going to or returning from any religious worship service
held by a religious organization.
(ii) A person shall not qualify for restricted driving privileges
pursuant to this subparagraph if such person has been convicted for
driving with a canceled, suspended or revoked license more than three
times or if such person is suspended for reasons other than a failure to
comply with a traffic citation at the time of application. Restricted
driving privileges approved pursuant to this subparagraph shall remain
in effect for the lesser of time of either:
(a) 60 days from the date that the division of vehicles mails notice
to the person of the restricted driving privileges;
(b) the person enters into an agreement with the court regarding
the person's failure to comply; or
(c) the rescission of the restricted driving privileges by the
division of vehicles.
(iii) The division shall rescind restricted driving privileges for any
person authorized pursuant to this subparagraph if the person is found
guilty of:
(a) A violation resulting in a license suspension, revocation or
cancellation for reasons other than failure to comply with a traffic
citation; or
(b) operating a motor vehicle in violation of restrictions provided
in clause (i) two or more times.
(iv) A person operating a motor vehicle in violation of restrictions
provided in clause (i) shall be guilty of operating a vehicle in violation
of restrictions as provided in K.S.A. 8-291, and amendments thereto.
(C) (i) Violations of the following sections or violations of
substantially similar offenses under a city ordinance shall not provide
the basis for a violation of this section: K.S.A. 8-1513, 8-1532, 8-1534,
8-1536, 8-1537, 8-1538, 8-1543, 8-1569, 8-1571, 8-1572, 8-1573, 8-
1578, 8-1578a, 8-1583, 8-1585, 8-1586, 8-1588, 8-1589, 8-1590, 8-
1591, 8-1592, 8-15,102, 8-15,108, 8-15,113, 8-1744, 21-5607, 21-5810,
21-5815, 21-5816, 21-5817, 21-6203, 41-715, 41-727, 66-1330, 68-
2106, 75-4510a and 79-34,112, and amendments thereto.
(ii) The provisions of this subparagraph shall be construed and
applied retroactively. A person may petition the district or municipal
court in which the person should have complied with the citation that
led to a prior violation of this section. If the court determines that the
person committed an offense that does not provide the basis for a
violation of this section, as amended by this act, the court shall
immediately electronically notify the division of vehicles. Upon receipt
of such notification from the informing court, the division of vehicles
shall terminate any restriction, suspension or suspension action that
resulted from the prior violation of this section.
(2) (A) In lieu of suspension under paragraph (1), the driver may
submit to the division of vehicles a written request for restricted driving
privileges. The driver may apply and be eligible for restricted driving
privileges pursuant to this paragraph if such driver has previously been
approved for restricted driving privileges pursuant to paragraph (1).
(B) (i) A person whose driving privileges have been revoked
solely for driving a motor vehicle on any highway as defined in K.S.A.
8-1424, and amendments thereto, of this state at a time when such
person's privilege to do so was canceled, suspended or revoked for
failure to comply with a traffic citation pursuant to this section may
submit to the division of vehicles a written request for restricted driving
privileges. A person shall not qualify for restricted driving privileges
pursuant to this section if such person has been convicted for driving
with a canceled, suspended or revoked license more than three times or
if such person is suspended for reasons other than a failure to comply
with a traffic citation at the time of application. Restricted driving
privileges approved pursuant to this subparagraph shall remain in effect
unless otherwise rescinded for the lesser of time of either:
HOUSE BILL No. 2467—page 3
(a) The remainder of the period of time that such person's driving
privileges are revoked; or
(b) three years from the date when the restricted driving privileges
were approved.
(ii) The division shall rescind restricted driving privileges for any
person authorized pursuant to this subparagraph if the person is found
guilty of a violation resulting in a license suspension, revocation or
cancellation for reasons other than failure to comply with a traffic
citation.
(iii) A person operating a motor vehicle in violation of restrictions
provided in subparagraph (D) shall be guilty of operating a vehicle in
violation of restrictions as provided in K.S.A. 8-291, and amendments
thereto.
(C) A person whose driver's license has expired during the period
when such person's driver's license has been suspended for failure to
pay fines for traffic citations, the driver may submit to the division of
vehicles a written request for restricted driving privileges. An A person
shall not qualify for restricted driving privileges pursuant to this section
unless the following conditions are met:
(i) The suspended license that expired was issued by the division
of vehicles;
(ii) the suspended license resulted from the individual's failure to
comply with a traffic citation pursuant to subsection (b)(1); and
(iii) the traffic citation that resulted in the failure to comply
pursuant to subsection (b)(1) was issued in this state.
(D) Upon review and approval of the driver's eligibility, the
driving privileges will be restricted by the division of vehicles until the
terms of the traffic citation have been substantially complied with and
the court shall immediately electronically notify the division of vehicles
of such compliance. If the driver fails to substantially comply with the
traffic citation, the driving privileges will be suspended by the division
of vehicles until the court determines the person has substantially
complied with the terms of the traffic citation and the court shall
immediately electronically notify the division of vehicles of such
substantial compliance. Upon receipt of notification of such compliance
from the informing court, the division of vehicles shall terminate the
suspension action. When restricted driving privileges are approved
pursuant to this section, the person's driving privileges shall be
restricted to driving only under the following circumstances:
(i) In going to or returning from the person's place of employment
or schooling;
(ii) in the course of the person's employment;
(iii) in going to or returning from an appointment with a health
care provider or during a medical emergency;
(iv) in going to and returning from probation or parole meetings,
drug or alcohol counseling or any place the person is required to go by
a court;
(v) in going to or returning from dropping off or picking up one or
more children from school or child care;
(vi) in going to or returning from purchasing groceries or fuel for
their vehicle; and
(vii) in going to or returning from any religious worship service
held by a religious organization.
(c) Except as provided in subsection (d), when the district or
municipal court notifies the division of vehicles of a failure to comply
with a traffic citation pursuant to subsection (b), the court shall assess a
reinstatement fee of $100. Such reinstatement fee shall be in addition to
any fine, restricted driving privilege application fee, 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 the first $15 of such
reinstatement fee to the state general fund and of the remaining amount,
HOUSE BILL No. 2467—page 4
29.41% of such moneys to the division of vehicles operating fund,
22.06% to the community alcoholism and intoxication programs fund
created by K.S.A. 41-1126, and amendments thereto, 7.36% to the
juvenile alternatives to detention fund created by K.S.A. 79-4803, and
amendments thereto, and 41.17% to the state general fund.
(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.
(e) (1) A person who is assessed a reinstatement fee pursuant to
subsection (c) may petition the court that assessed the fee at any time to
waive payment of the fee, any additional charge imposed pursuant to
subsection (f), or any portion thereof. If it appears to the satisfaction of
the court that payment of the amount due will impose manifest hardship
on the person or the person's immediate family, the court may waive
payment of all or part of the amount due or modify the method of
payment.
(2) A person who is assessed a fine or court costs for a traffic
citation may petition the court that assessed the fine or costs at any time
to waive payment of the fine or costs, or any portion thereof. If it
appears to the satisfaction of the court that payment of the amount due
will impose manifest hardship on the person or the person's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment.
(3) The clerk of the district court and the clerk of the municipal
court shall make forms available to any person seeking to petition the
court to waive or reduce traffic fines, court costs or reinstatement fees.
(f) Except as provided further, the reinstatement fee established in
this section shall be the only fee collected or moneys in the nature of a
fee collected for such reinstatement. Such fee shall only be established
by an act of the legislature and no other authority is established by law
or otherwise to collect a fee. On and after July 1, 2019, through June
30, 2025, the supreme court may impose an additional charge, not to
exceed $22 per reinstatement fee, to fund the costs of non-judicial
personnel.
(g) (1) Prior to issuing an order pursuant to this section that
notifies the division of vehicles to restrict or suspend a person's driving
privileges, the court shall consider:
(A) Waiver or reduction of fees, fines and court costs and allowing
for payment plans for any fees, fines and court costs; and
(B) alternative requirements in lieu of restriction or suspension of
driving privileges, including, but not limited to, alcohol or drug
treatment or community service.
(2) Nothing in this subsection shall be construed to require the
court to make written findings or written payment plan orders.
(h) (1) Any conviction or sanction for a failure to comply pursuant
to this section shall not be considered by the district or municipal court
or the division of vehicles in determining suspended or restricted
driving privileges if such conviction or sanction is more than five years
old.
(2) After the expiration of five years from the date of conviction,
the division shall notify by mail any persons whose driving privileges
were suspended or restricted and have not since been restored. The
division shall notify the person that the person may be eligible for
driving privileges as a result of the expiration of the five years from the
conviction for the failure to comply.
(3) The provisions of this subsection and the amendments made to
this subsection by this act shall be construed and applied retroactively.
(i) As used in this section, "substantial compliance" or
HOUSE BILL No. 2467—page 5
"substantially complied" means the person has followed the orders of
the court involving payments of fines, court costs and any penalties and
has not failed substantially in making payments or satisfying the terms
of the court order.
Sec. 2. K.S.A. 2025 Supp. 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.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.