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Session of 2026
HOUSE BILL No. 2654
By Committee on Corrections and Juvenile Justice
Requested by Jennifer King on behalf of the Department of Corrections
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AN ACT concerning traffic regulations; relating to failure to comply with
a traffic citation; prohibiting past 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
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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;
(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
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(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
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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:
(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
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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, 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
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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 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 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 "substantially
complied" means the person has followed the orders of the court involving
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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.
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