History: L. 1967, ch. 68, §§ 1 to 23; Repealed, L. 1968, ch. 411, § 6; March 30.
(b) For the purpose of obtaining an identification card, an applicant shall submit, with the application, proof of age, proof of identity and proof of lawful presence. An applicant shall submit with the application a photo identity document, except that a non-photo identity document is acceptable if it includes both the applicant's full legal name and date of birth, and documentation showing the applicant's name, the applicant's address of principal residence and the applicant's social security account number. The applicant's social security number 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, the applicant shall provide proof of lawful presence and Kansas residency. The division shall assign a distinguishing number to the identification card. Before issuing an identification card to a person, the division shall make reasonable efforts to verify with the issuing agency the issuance, validity and completeness of each document required to be presented by the applicant to prove age, identity and lawful presence.
(c) The division shall not issue an identification card to any person who fails to provide proof that the person is lawfully present in the United States. If an applicant provides evidence of lawful presence as set out in subsections (b)(2)(E) through (2)(I) of K.S.A. 8-240, and amendments thereto, or is an alien lawfully admitted for temporary residence under subsection (b)(2)(B) of K.S.A. 8-240, and amendments thereto, the division may only issue a temporary identification card to the person under the following conditions: (A) A temporary identification card issued pursuant to this subparagraph shall be valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year; (B) a temporary identification card issued pursuant to this subparagraph shall clearly indicate that it is temporary and shall state the date upon which it expires; (C) no temporary identification card issued pursuant to this subparagraph shall be for a longer period of time than the time period permitted by K.S.A. 8-1325, and amendments thereto; and (D) a temporary identification card issued pursuant to this subparagraph may be renewed, subject at the time of renewal, to the same requirements and conditions set forth in this subsection (c) for the issuance of the original temporary identification card.
(d) The division shall not issue an identification card 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.
(e) The division shall refuse to issue an identification card to a person holding a driver's license or identification card issued by another state without confirmation that the person is terminating or has terminated the license or identification card.
(f) The parent or guardian of an applicant under 16 years of age shall sign the application for an identification card submitted by such applicant.
(g) The division shall require payment of a fee of $14 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 $10.
(h) All Kansas identification cards shall have physical security features designed to prevent tampering, counterfeiting or duplication for fraudulent purposes.
(i) For the purposes of K.S.A. 8-1324 through 8-1328, and amendments 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.
(j) The division shall require that any person applying for an identification card submit to a mandatory facial image capture.
(k) The director of vehicles may issue a temporary identification card to an applicant who cannot provide valid documentary evidence as defined by subsection (c), if the applicant provides compelling evidence proving current lawful presence. Any temporary identification card issued pursuant to this subparagraph shall be valid for one year.
(l) Upon payment of the required fee, the division shall issue to every applicant qualifying under the provisions of this act an identification card. Such identification card shall bear a distinguishing number assigned to the cardholder, the full legal name, date of birth, address of principal residence, a brief description of the cardholder, a colored digital photograph of the cardholder, and a facsimile of the signature of the cardholder. An identification card which does not contain the address of principal residence of the cardholder as required may be issued to persons who are program participants pursuant to K.S.A. 2007 Supp. 75-455, and amendments thereto.
History: L. 1973, ch. 31, § 1; L. 1983, ch. 39, § 1; L. 1986, ch. 36, § 12; L. 1990, ch. 42, § 4; L. 2000, ch. 179, § 15; L. 2003, ch. 5, § 3; L. 2003, ch. 158, § 2; L. 2004, ch. 155, § 3; L. 2007, ch. 160, § 10; July 1.
(b) The division shall provide the following information under subsection (a):
(1) Written information explaining the person's right to make an anatomical gift in accordance with K.S.A. 8-1328, and amendments thereto, and the revised uniform anatomical gift act, K.S.A. 2007 Supp. 65-3220 through 65-3244, and amendments thereto;
(2) written information describing the organ donation registry program maintained by the Kansas federally designated organ procurement organization. The written information required under this paragraph shall include, in a type, size and format that is conspicuous in relation to the surrounding material, the address and telephone number of Kansas' federally designated organ procurement organization, along with an advisory to call such designated organ procurement organization with questions about the organ donor registry program;
(3) written information giving the applicant the opportunity to be placed on the organ donation registry described in paragraph (2);
(4) inform the applicant in writing that, if the applicant indicates under this subsection a willingness to have such applicant's name placed on the organ donor registry described in paragraph (2), the division will forward the applicant's name, gender, date of birth and most recent address to the organ donation registry maintained by the Kansas federally designated organ procurement organization, as required by paragraph (6);
(5) the division may fulfill the requirements of paragraph (4) by one or more of the following methods:
(A) Providing printed material enclosed with a mailed notice for an identification card renewal; or
(B) providing printed material to an applicant who personally applies for an identification card;
(6) if an applicant indicates a willingness under this subsection to have such applicant's name placed on the organ donor registry described, the division shall within 10 days forward the applicant's name, gender, date of birth and address to the organ donor registry maintained by the Kansas federally designated organ procurement organization. The division may forward information under this subsection by mail or by electronic means. The division shall not maintain a record of the name or address of an individual who indicates a willingness to have such person's name placed on the organ donor registry after forwarding that information to the organ donor registry under this subsection. Information about an applicant's indication of a willingness to have such applicant's name placed on the organ donor registry that is obtained by the division and forwarded under this paragraph shall be confidential and not disclosed.
History: L. 1973, ch. 31, § 2; L. 1983, ch. 39, § 2; L. 1986, ch. 36, § 13; L. 1997, ch. 36, § 4; L. 1998, ch. 132, § 1; L. 2002, ch. 60, § 3; L. 2003, ch. 63, § 5; L. 2007, ch. 160, § 11; L. 2007, ch. 195, § 5; July 1.
(b) Identification cards issued under this section shall be readily distinguishable indicating that such person is a registered offender.
(c) Identification cards issued under this section shall comply with all other provisions of K.S.A. 8-1324 through 8-1333, and amendments thereto.
History: L. 2006, ch. 214, § 1; June 1.
(1) Furnishing satisfactory proof of the loss, destruction or name change to the division, including an affidavit stating the circumstances of the loss, destruction or name change;
(2) payment of a fee of $4; and
(3) furnishing proof of the person's identity as provided in subsection (b). The drivers' license examiner also shall compare the applicant with the division's existing information and facial database.
(b) For the purposes of obtaining a duplicate identification card, proof of a person's identity shall include at least two of the following documents, one of which shall bear the person's signature:
(1) Military identification card;
(2) military dependent identification card;
(3) military discharge papers;
(4) military D.D. 214;
(5) an original or certified copy of a state-issued birth certificate;
(6) marriage license;
(7) medicare identification card;
(8) certified copy of court order specifying a change of name of the person;
(9) commercially produced school yearbook with photograph of the person, and the book is less than five years old;
(10) a United States passport;
(11) alien registration documents generated by the United States;
(12) expired or current driver's license or identification card issued by the Kansas division of vehicles or an expired or current driver's license or identification card of another state issued by similar authority, and for any document in this item 12 the document must bear a photograph of the person;
(13) student identification card bearing the photograph and date of birth of the person; or
(14) a copy of any federal or state income tax return bearing the signature of the person.
The division may waive the furnishing of one of the documents required by this subsection in the case of a person who is 65 or more years of age. When additional clarification is needed to adequately describe any of the above items, the division shall specify such clarification in making the requirement for such item.
(c) Any person who loses an identification card and who, after obtaining a duplicate, finds the original card shall immediately surrender the original card to the division.
History: L. 1973, ch. 31, § 3; L. 1983, ch. 32, § 3; L. 1984, ch. 36, § 2; L. 1990, ch. 42, § 5; L. 2007, ch. 160, § 12; July 1.
(1) Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered or fraudulently obtained identification card.
(2) Lend any identification card to any other person or knowingly permit the use thereof by another.
(3) Display or represent any identification card not issued to the person as being the person's card.
(4) Permit any unlawful use of an identification card issued to the person.
(5) Use a false or fictitious name in any application for an identification card, or any renewal or replacement thereof, or knowingly conceal a material fact or otherwise commit a fraud in any such application.
(6) Display or possess any photograph, photostat, duplicate, reproduction or facsimile of an identification card unless authorized by the provisions of this act.
(7) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by law.
(8) Fail or refuse to surrender to the division upon its lawful demand any identification card which has been canceled.
(9) Display or cause or permit to be displayed any canceled identification card.
(b) Violation of paragraphs (1) or (9) of subsection (a) is a class B nonperson misdemeanor. Violation of paragraphs (2), (3), (4), (6), (7) or (8) of subsection (a) is a class A nonperson misdemeanor. Violation of paragraph (5) of subsection (a) is a severity level 9, nonperson felony.
(c) It shall be unlawful for any person to:
(1) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the purchase of any alcoholic liquor.
(2) Lend any identification card to or knowingly permit the use of any identification card by any person under the legal age for consumption of cereal malt beverage for use in the purchase of any cereal malt beverage.
(3) Lend any identification card, driver's license or other form of identification to aid another person in obtaining an identification card or replacement identification card.
(4) Display or cause to be displayed or have in possession any fictitious or fraudulently altered identification card by any person under 21 years of age for use in the purchase of any alcoholic liquor or cereal malt beverage.
(d) (1) Upon a first conviction of a violation of any provision of subsection (c) a person shall be guilty of a class B nonperson misdemeanor and shall be sentenced to not less than 100 hours of public service and fined not less than $200 nor more than $500.
(2) On a second or subsequent conviction of a violation of any provision of subsection (c), a person shall be guilty of a class A nonperson misdemeanor.
(e) The provisions of this section shall apply to any identification card, driver's license or other form of identification whether issued under the laws of this state or issued under the laws of another state or jurisdiction.
History: L. 1973, ch. 31, § 4; L. 1979, ch. 38, § 2; L. 1983, ch. 32, § 4; L. 1985, ch. 171, § 2; L. 1991, ch. 38, § 2; L. 1994, ch. 24, § 6; L. 1997, ch. 141, § 2; May 1.
(b) All Kansas identification cards 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 in accordance with the revised uniform anatomical gift act, K.S.A. 2007 Supp. 65-3220 through 65-3244, and amendments thereto, except as otherwise provided by this subsection. The statement to be effective shall be signed by the applicant 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 identification card during the donor's lifetime is not necessary to make a valid gift. Any valid gift statement executed prior to July 1, 2007, shall remain effective until invalidated. The word "Donor" shall be placed on the front of an applicant's identification card, indicating that the statement for making an anatomical gift under this subsection has been executed by such applicant.
History: L. 1973, ch. 31, § 5; L. 1983, ch. 39, § 3; L. 1984, ch. 36, § 4; L. 2007, ch. 127, § 28; July 1.
(b) In addition to subsection (a), all identification cards issued on and after July 1, 1997, to persons under the age of 18 years shall also be readily distinguishable from cards issued to persons age 18 years or older.
(c) In addition to the provisions of subsections (a) and (b), on and after July 1, 2004, the secretary of revenue shall implement a vertical format to make identification cards issued to persons under the age of 21 more readily distinguishable.
(d) Renewal of such card shall be in accordance with the provisions of K.S.A. 8-1325, and amendments thereto.
History: L. 1973, ch. 31, § 6; L. 1997, ch. 33, § 2; L. 2003, ch. 55, § 2; July 1.
History: L. 1973, ch. 31, § 7; July 1.
History: L. 1973, ch. 31, § 8; July 1.
(b) The division is hereby authorized to cancel any identification card upon determining that the cardholder was not entitled to the issuance of such card or that the cardholder failed to give the required or correct information in such person's application or committed any fraud in making such application. The division shall have authority to cancel any identification card if the division determines the cardholder is not lawfully present in the United States.
(c) Upon cancellation of an identification card or loss of lawful presence in the United States the cardholder must surrender the identification card to the division.
History: L. 1973, ch. 31, § 9; L. 2000, ch. 179, § 16; L. 2007, ch. 160, § 13; July 1.
History: L. 1973, ch. 31, § 10; L. 2001, ch. 5, § 36; July 1.
History: L. 1974, ch. 29, § 1; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
History: L. 1974, ch. 29, § 2; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
History: L. 1974, ch. 29, § 3; L. 1975, ch. 427, § 15; L. 1976, ch. 40, § 5; L. 1987, ch. 46, § 1; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
History: L. 1987, ch. 290, § 1; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
History: L. 1974, ch. 29, § 4; L. 1975, ch. 427, § 16; L. 1994, ch. 220, § 4; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
History: L. 1974, ch. 29, § 5; L. 1975, ch. 39, § 1; L. 1975, ch. 427, § 17; L. 1978, ch. 271, § 1; L. 1982, ch. 44, § 3; L. 1994, ch. 220, § 5; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
History: L. 1982, ch. 44, § 1; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
History: L. 1982, ch. 44, § 2; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
History: L. 1974, ch. 29, § 6; L. 1975, ch. 39, § 2; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
History: L. 1974, ch. 29, § 7; L. 1974, ch. 30, § 1; L. 1975, ch. 427, § 18; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
History: L. 1974, ch. 31, § 1; L. 1987, ch. 46, § 2; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
History: L. 1983, ch. 28, § 1; L. 1988, ch. 49, § 1; Repealed, L. 1996, ch. 15, § 11; Mar. 7.
(b) The commission of any act in violation of subsection (a) shall render the violator liable to the state for the payment of a civil penalty, recoverable in an individual action brought by the attorney general or county attorney or district attorney, in a sum set by the court of not more than $500 for each violation.
(c) Civil penalties sued for and recovered by the attorney general shall be paid into the state treasury and credited to the general fund of the state. Civil penalties and contempt penalties sued for and recovered by the county attorney or district attorney shall be paid into the general fund of the county where the proceedings are instigated.
History: L. 1981, ch. 46, § 7; July 1.
History: L. 1981, ch. 33, § 1; July 1.
History: L. 1992, ch. 317, § 1; L. 2005, ch. 175, § 1; May 12.
(1) For a child under the age of four years an appropriate child passenger safety restraining system that meets or exceeds the standards and specifications contained in federal motor vehicle safety standard no. 213;
(2) for a child four years of age, but under the age of eight years and who weighs less than 80 pounds or is less than 4 feet 9 inches in height, an appropriate child passenger safety restraining system that meets or exceeds the standards and specifications contained in federal motor vehicle safety standard no. 213; or
(3) for a child eight years of age but under the age of 14 years or who weighs more than 80 pounds or is more than 4 feet 9 inches in height, a safety belt manufactured in compliance with federal motor vehicle safety standard no. 208.
(b) If the number of children subject to the requirements of subsection (a) exceeds the number of passenger securing locations available for use by children affected by such requirements, and all of these securing locations are in use by children, then there is not a violation of this section.
(c) If a securing location only has a lap safety belt available, the provisions of subsection (a)(2) shall not apply and the child shall be secured in accordance with the provisions of subsection (a)(3).
History: L. 1981, ch. 33, § 2; L. 1984, ch. 38, § 1; L. 1989, ch. 40, § 1; L. 1992, ch. 317, § 2; L. 1997, ch. 80, § 1; L. 2006, ch. 44, § 1; July 1.
(b) The $60 fine provided for in subsection (a) shall be waived if the driver convicted of violating subsection (a)(1) or (a)(2) of K.S.A. 8-1344, and amendments thereto, provides proof to the court that such driver has purchased or acquired the appropriate and approved child passenger safety restraining system. At the time of issuing the citation for a violation of subsection (a)(1) or (a)(2) of K.S.A. 8-1344, and amendments thereto, the law enforcement officer shall notify the driver of the waiver provisions of this subsection.
(c) No driver charged with violating the provisions of this act shall be convicted if such driver produces in the office of the arresting officer or in court proof that the child was 14 years of age or older at the time the violation was alleged to have occurred.
(d) Evidence of failure to secure a child in a child passenger safety restraining system or a safety belt under the provisions of K.S.A. 8-1344, and amendments thereto, shall not be admissible in any action for the purpose of determining any aspect of comparative negligence or mitigation of damages.
(e) From and after the effective date of this act, and prior to July 1, 2007, a law enforcement officer shall issue a warning citation to anyone violating subsection (a)(2) of K.S.A. 8-1344, and amendments thereto.
History: L. 1981, ch. 33, § 3; L. 1984, ch. 38, § 2; L. 1989, ch. 40, § 2; L. 1992, ch. 317, § 3; L. 2006, ch. 44, § 2; L. 2007, ch. 140, § 15; July 1.
History: L. 1981, ch. 33, § 4; July 1.
History: L. 1981, ch. 33, § 5; L. 1984, ch. 38, § 3; L. 1989, ch. 40, § 3; July 1.
In addition to awarding damages in any such action, the court may direct the suspension of the registration of such motor vehicle for not to exceed six months, and upon notice to the division of vehicles by such court, such registration shall be so suspended.
History: L. 1982, ch. 35, § 1; July 1.