8-241. Licensee must submit to examination, when; examination and reinstatement fees; disposition of moneys; notice; restriction, suspension or revocation of license, when; license with DUI-IID designation, requirements, fees. (a) Except as provided in K.S.A. 8-2,125 through 8-2,142, and amendments thereto, any person licensed to operate a motor vehicle in this state shall submit to an examination whenever: (1) The division of vehicles has good cause to believe that such person is incompetent or otherwise not qualified to be licensed; or (2) the division of vehicles has suspended such person's license pursuant to K.S.A. 8-1014, and amendments thereto, as the result of a test refusal, test failure or conviction for a violation of K.S.A. 8-1567, and amendments thereto, or a violation of a city ordinance or county resolution prohibiting the acts prohibited by K.S.A. 8-1567, and amendments thereto, except that no person shall have to submit to and successfully complete an examination more than once as the result of separate suspensions arising out of the same occurrence.
(b) When a person is required to submit to an examination pursuant to subsection (a)(1), the fee for such examination shall be in the amount provided by K.S.A. 8-240, and amendments thereto. When a person is required to submit to an examination pursuant to subsection (a)(2), the fee for such examination shall be $25. In addition, any person required to submit to an examination pursuant to subsection (a)(2) as the result of a test failure, a conviction for a violation of K.S.A. 8-1567, and amendments thereto, or a violation of a city ordinance or county resolution prohibiting the acts prohibited by K.S.A. 8-1567, and amendments thereto, shall be required, at the time of examination, to pay a reinstatement fee of $200 after the first occurrence, $400 after the second occurrence, $600 after the third occurrence and $800 after the fourth or subsequent occurrence; and as a result of a test refusal, shall be required, at the time of examination, to pay a reinstatement fee of $600 after the first occurrence, $900 after the second occurrence, $1,200 after the third occurrence and $1,500 after the fourth or subsequent occurrence.
(1) All examination fees collected pursuant to this section shall be remitted to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, who shall deposit the entire amount in the state treasury and credit 80% to the state highway fund and 20% shall be disposed of as provided in K.S.A. 8-267, and amendments thereto.
(2) On and after July 1, 2014, through June 30, 2018, all reinstatement fees collected pursuant to this section shall be remitted to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, who shall deposit the entire amount in the state treasury and credit 26% to the community alcoholism and intoxication programs fund created pursuant to K.S.A. 41-1126, and amendments thereto, 12% to the juvenile alternatives to detention fund created by K.S.A. 79-4803, and amendments thereto, 12% to the forensic laboratory and materials fee fund created by K.S.A. 28-176, and amendments thereto, 17% to the driving under the influence fund created by K.S.A. 75-5660, and amendments thereto, and 33% to the judicial branch nonjudicial salary adjustment fund created by K.S.A. 20-1a15, and amendments thereto. Moneys credited to the forensic laboratory and materials fee fund as provided herein shall be used to supplement existing appropriations and shall not be used to supplant general fund appropriations to the Kansas bureau of investigation.
(3) On and after July 1, 2018, all reinstatement fees collected pursuant to this section shall be remitted to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, who shall deposit the entire amount in the state treasury and credit 35% to the community alcoholism and intoxication programs fund created pursuant to K.S.A. 41-1126, and amendments thereto, 20% to the juvenile alternatives to detention fund created by K.S.A. 79-4803, and amendments thereto, 20% to the forensic laboratory and materials fee fund created by K.S.A. 28-176, and amendments thereto, and 25% to the driving under the influence fund created by K.S.A. 75-5660, and amendments thereto. Moneys credited to the forensic laboratory and materials fee fund as provided herein shall be used to supplement existing appropriations and shall not be used to supplant general fund appropriations to the Kansas bureau of investigation.
(c) When an examination is required pursuant to subsection (a), at least five days' written notice of the examination shall be given to the licensee. The examination administered hereunder shall be at least equivalent to the examination required by K.S.A. 8-247(e), and amendments thereto, with such additional tests as the division deems necessary. Upon the conclusion of such examination, the division shall take action as may be appropriate and may suspend or revoke the license of such person or permit the licensee to retain such license, or may issue a license subject to restrictions as permitted under K.S.A. 8-245, and amendments thereto.
(d) Refusal or neglect of the licensee to submit to an examination as required by this section shall be grounds for suspension or revocation of the license.
(e) The division may issue a driver's license with a DUI-IID designation for a licensee that is operating under ignition interlock restrictions required by K.S.A. 8-1014, and amendments thereto. The reexamination requirement in subsection (a)(2) shall not require reexamination and payment of reinstatement fees until the end of the licensee's ignition interlock restriction period. If the applicant's Kansas driver's license has been expired for one year or more, the applicant must complete a reexamination and pay any applicable reinstatement fees before qualifying for a driver's license with an ignition interlock designation. All other requirements for issuance and renewal of a driver's license under K.S.A. 8-240, and amendments thereto, shall continue to apply. The renewal periods and other requirements in K.S.A. 8-247, and amendments thereto, shall apply. The fees charged for the driver's license with ignition interlock designation shall include: (1) The fee amounts set out in K.S.A. 8-240(f), and amendments thereto; (2) fees prescribed by the secretary of revenue and required in K.S.A. 8-243(a), and amendments thereto; and (3) a $10 fee to the DUI-IID designation fund. There is hereby created in the state treasury the DUI-IID designation fund. All moneys credited to the DUI-IID designation fund shall be used by the department of revenue only for the purpose of funding the administration and oversight of state certified ignition interlock manufacturers and their service providers.
History: L. 1937, ch. 73, § 8; L. 1939, ch. 84, § 1; L. 1949, ch. 104, § 12; L. 1959, ch. 49, § 23; L. 1972, ch. 25, § 1; L. 1973, ch. 30, § 2; L. 1977, ch. 37, § 1; L. 1980, ch. 40, § 1; L. 1990, ch. 43, § 3; L. 1991, ch. 36, § 23; L. 1994, ch. 351, § 1; L. 1995, ch. 208, § 1; L. 2001, ch. 5, § 31; L. 2001, ch. 200, § 10; L. 2012, ch. 172, § 4; L. 2014, ch. 1, § 1; L. 2014, ch. 125, § 1; L. 2015, ch. 71, § 1; L. 2016, ch. 46, § 18; L. 2018, ch. 106, § 2; July 1.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
8-222 Liability of owner for damages caused by negligence of minors under age of sixteen.
8-234d Motor vehicle drivers' license act; scope and effect of certain sections.
8-235b Findings of department upon receipt of application; issuance of license, when.
8-235c Findings of division; when examination required; exception.
8-236 Persons exempt from license.
8-237 Persons to whom license not issued.
8-239 Instruction permits for persons 17 years of age and older; conditions and requirements.
8-244 Licenses to be carried and delivered upon demand; defense.
8-245 Restrictions on licensees; suspension or revocation; misdemeanor.
8-246 Replacement drivers' licenses.
8-248 Notice of change of address or name.
8-249 Records to be kept by division; rules and regulations.
8-250 Authority of division to cancel license; surrender of license.
8-252a Suspension or revocation of driving privileges of nonresident or unlicensed person.
8-255b Medical advisory board; appointment; procedure; advisory opinions; limiting tort liability.
8-256 Period of suspension or revocation.
8-256a Application of act to certain persons.
8-257 Surrender of license; division authorized to destroy; application.
8-258 No operation under foreign license during suspension or revocation in this state.
8-259 Cancellation, suspension, revocation or denial of license by division; judicial review.
8-261a Making false affidavit perjury.
8-263 Permitting unauthorized minor to drive.
8-264 Permitting unauthorized person to drive.
8-265 Employing persons to operate vehicle; proper class of license required.
8-266 Renting motor vehicle to another; record.
8-268 Penalties for violations.
8-269 Uniformity of interpretation.
8-270 Effect of noncompliance.
8-273 Drivers' training school license act; definitions.
8-274 Same; license to operate.
8-275 Same; qualifications to operate school.
8-276 Drivers' training schools; qualifications for instructor of school.
8-277 Same; issuance of certificate, when; expiration; renewal of licenses.
8-278 Same; rules and regulations by state board.
8-279 Same; cancellation, suspension, revocation or refusal to issue license, when.
8-280 Same; disposition of moneys.
8-281 Same; penalty for violations.
8-282 Same; act inapplicable to certain schools.
8-285 "Habitual violator" defined; other definitions.
8-286 Habitual violator; revocation of driving privileges.
8-287 Habitual violator; penalty.
8-288 Same; restriction of driver's license; exception.
8-291 Violation of restrictions on driver's license or permit; misdemeanor; penalties.
8-292 Court imposition of driving privilege restrictions; duration; procedure; violation; penalty.
8-293 Driver's license; nonissuance of new or replacement license; exception.
8-294 Instruction permit for commercial class motor vehicles or class A or class B motor vehicles.
8-295 Vision standards for drivers' licenses.
8-296 Farm permit; requirements; procedure.
8-297 Continuation of driving privileges for certain drivers' licenses.
8-298 Voluntary surrender of driver's license.
8-299 Photo fee fund; expenditures.
8-2,100 Instruction permits; conditions, restrictions and requirements; under 17 years of age.
8-2,101 Restricted license; conditions, restrictions and requirements.
8-2,125 Uniform commercial driver's license act; citation of act; effective date.
8-2,127 Uniform commercial driver's license act; vehicles exempt from act.
8-2,129 Same; one driver's license restriction.
8-2,131 Same; requirements which must be complied with by employer of commercial driver.
8-2,133 Same; issuance of license; knowledge and skills test; administration of skills test.
8-2,136 Same; prohibiting driving with alcohol in person's system; out-of-service order.
8-2,137 Same; tests for alcohol or drugs; consent implied.
8-2,138 Same; notification of conviction of traffic control to licensing state.
8-2,139 Same; division to provide information to certain persons; fee.
8-2,140 Same; rules and regulations.
8-2,141 Same; exemption from state license.
8-2,144 Driving a commercial motor vehicle under the influence; penalties.
8-2,147 Commercial drivers' licenses; farm custom harvesting operations; age.
8-2,148 Nonresident commercial driver's license; requirements.
8-2,150 Commercial driver's licenses; diversion agreements not allowed.
8-2,152 Commercial driver's licenses; civil penalties.
8-2,153 Commercial driver's licenses; violation of act; penalty.
8-2,154 Commercial driver's license drive test fee fund; use of moneys.
8-2,155 Commercial driver's license drive test fees; disposition and use of moneys.