K.S.A. 8-1212 Driver license compact.
K.S.A. 8-1213 Same; 'licensing authority' and 'head of the licensing authority' defined.
K.S.A. 8-1214 Same; expenses of compact administrator.
K.S.A. 8-1215 Same; 'executive head' defined.
K.S.A. 8-1216 Same; reports to division of vehicles.
K.S.A. 8-1217 Same; application of K.S.A. 8-254 and article IV of compact.
K.S.A. 8-1218 Same; licenses required; surrender of certain licenses.
K.S.A. 8-1219 Nonresident Violator Compact.
K.S.A. 8-1220 Same; compact administrator; amendments to compact.
K.S.A. 8-1221 Same; resolution of ratification.
K.S.A. 8-1222 Same; application of compact; rules and regulations.
8-1212. Driver license compact.
The driver license compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
DRIVER LICENSE COMPACT
Article I.-- Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.
(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuation or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
Article II.-- Definitions
As used in this compact:
(a) 'State' means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(b) 'Home state' means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.
(c) 'Conviction' means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.
Article III.-- Reports of Conviction
The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.
Article IV.-- Effect of Conviction
(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.
Article V.-- Applications for New Licenses
Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
(2) The applicant has held such a license, but the same has been
revoked by reason, in whole or in part, of a violation and if such
revocation has not terminated, except that after the expiration of one
year from the date the license was revoked, such person may make
application for a new license if permitted by law. The licensing
authority may refuse to issue a license to any such applicant if, after
investigation, the licensing authority determines
that it will not be safe to grant to such person the privilege of
a motor vehicle on the public highways.
(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
Article VI.-- Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.
Article VII.-- Compact Administrator and Interchange of Information
(a) The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.
Article VIII.-- Entry Into Force and Withdrawal
(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.
Article IX.-- Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provisions of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
History: L. 1965, ch. 73, § 1; July 1.
8-1213. Same; 'licensing authority' and 'head of the licensing authority' defined.
As used in the compact, the term 'licensing authority' with reference to this state, shall mean the division of vehicles of the department of revenue. The division of vehicles shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of articles III, IV and V of the compact. As used in the compact the term 'head of the licensing authority' with reference to this state, shall mean the director of vehicles.
History: L. 1965, ch. 73, § 2; L. 1972, ch. 342, § 55; July 1.
8-1214. Same; expenses of compact administrator.
The compact administrator provided for in article VII of the compact shall not be entitled to any additional compensation on account of service as such administrator, but shall be entitled to expenses incurred in connection with duties and responsibilities as such administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his or her office or employment.
History: L. 1965, ch. 73, § 3; July 1.
8-1215. Same; 'executive head' defined.
As used in the compact, with reference to this state, the term 'executive head' shall mean the governor.
History: L. 1965, ch. 73, § 4; July 1.
8-1216. Same; reports to division of vehicles.
Any court or other agency of this state, or a subdivision thereof, which has jurisdiction to take any action suspending, revoking or otherwise limiting a license to drive, shall report any such action and the adjudication upon which it is based to the division of vehicles within ten (10) days of such action on forms furnished by or approved by the director of vehicles.
History: L. 1965, ch. 73, § 5; L. 1975, ch. 426, § 40; Aug. 15.
8-1217. Same; application of K.S.A. 8-254 and article IV of compact.
The conduct or offenses described in paragraphs (1), (2), (3) and (4) of subsection (a) of article IV of the compact with reference to this state, shall mean the conduct or offenses respectively described in paragraphs numbered 1, 2, 3 and 5 [FN*] of K.S.A. 8-254. The offenses described in paragraphs 4 and 5 [FN*] of K.S.A. 8-254 shall be included, but not by way of limitation, within the convictions mentioned in subsection (b) of article IV of the compact.
History: L. 1965, ch. 73, § 6; July 1.
[FN*] Paragraph 2 deleted and remaining paragraphs renumbered; see L. 1970, ch. 51, § 1.
8-1218. Same; licenses required; surrender of certain licenses.
This state shall require a Kansas resident to secure a driver's license from the division of vehicles or its agents and to surrender any outstanding license to drive, issued by another state: Provided, however,That the out-of-state driver's license may be retained as provided in subsection (a) of K.S.A. 8-235.
History: L. 1965, ch. 73, § 7; L. 1975, ch. 426, § 41; Aug. 15.
8-1219. Nonresident Violator Compact.
The Nonresident Violator Compact, called 'the compact,' is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
NONRESIDENT VIOLATOR COMPACT
Findings, Declaration of Policy and Purpose
(a) The party jurisdictions find that:
(1) In most instances, a motorist who is cited for a traffic violation in a jurisdiction other than the motorist's home jurisdiction:
(i) must post collateral or bond to secure appearance for trial at a later date; or
(ii) if unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or
(iii) is taken directly to court for trial to be held.
(2) In some instances, the motorist's driver's license may be deposited as collateral to be returned after the motorist has complied with the terms of the citation.
(3) The purpose of the practices described in paragraphs (1) and (2) is to ensure compliance with the terms of a traffic citation by the motorist who, if permitted to continue travelling after receiving the traffic citation, could return to such motorist's home jurisdiction and disregard such motorist's duty under the terms of the traffic citation.
(4) A motorist receiving a traffic citation in the motorist's home jurisdiction is permitted, except for certain violations, to accept the citation from the officer at the scene of the violation and to immediately continue travelling after promising or being instructed to comply with the terms of the citation.
(5) The practice described in paragraph (1) causes unnecessary inconvenience and, at times, a hardship for the motorist who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some arrangement can be made.
(6) The deposit of a driver's license as a bail bond, as described in paragraph (2), is viewed with disfavor.
(7) The practices described herein consume an undue amount of law enforcement time.
(b) It is the policy of the party jurisdictions to:
(1) Seek compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles in each of the jurisdictions.
(2) Allow motorists to accept a traffic citation for certain violations and proceed on their way without delay whether or not the motorist is a resident of the jurisdiction in which the citation was issued.
(3) Extend cooperation to its fullest extent among the jurisdictions for obtaining compliance with the terms of a traffic citation issued in one jurisdiction to a resident of another jurisdiction.
(4) Maximize effective utilization of law enforcement personnel and assist court systems in the efficient disposition of traffic violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate the policies enumerated in paragraph (b) above in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of traffic violators operating within party jurisdictions in recognition of the motorist's right of due process and the sovereign status of a party jurisdiction.
(a) In the nonresident violator compact, the following words have the meaning indicated, unless the context requires otherwise.
(b) (1) 'Citation' means any summons, ticket, or other official document issued by a police officer for a traffic violation containing an order which requires the motorist to respond.
(2) 'Collateral' means any cash or other security deposited to secure an appearance for trial, following the issuance by a police officer of a citation for a traffic violation.
(3) 'Compliance' means the act of answering a citation, summons or subpoena through appearance at court, a tribunal, and/or payment of fines and costs.
(4) 'Court' means a court of law or traffic tribunal.
(5) 'Driver's license' means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.
(6) 'Home jurisdiction' means the jurisdiction that issued the
driver's license of the traffic violator.
(7) 'Issuing jurisdiction' means the jurisdiction in which the traffic citation was issued to the motorist.
(8) 'Jurisdiction' means a state, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, provinces of Canada, or other countries.
(9) 'Motorist' means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.
(10) 'Personal recognizance' means an agreement by a motorist made at the time of issuance of the traffic citation that such motorist will comply with the terms of that traffic citation.
(11) 'Police officer' means any individual authorized by the party jurisdiction to issue a citation for a traffic violation.
(12) 'Terms of the citation' means those options expressly stated upon the citation.
Procedure for Issuing Jurisdiction
(a) When issuing a citation for a traffic violation, a police officer shall issue the citation to a motorist who possesses a driver's license issued by a party jurisdiction and shall not, subject to the exceptions noted in paragraph (b) of this article, require the motorist to post collateral to secure appearance, if the officer receives the motorist's personal recognizance that such motorist will comply with the terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it should take place immediately following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report the failure to comply to the licensing authority of the jurisdiction in which the traffic citation was issued. The report shall be made in accordance with procedures specified by the issuing jurisdiction and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home jurisdiction.
(d) Upon receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist, the information in a form and content as contained in the compact manual.
(e) The licensing authority of the issuing jurisdiction need not suspend the privilege of a motorist for whom a report has been transmitted.
(f) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation if the date of transmission is more than six months after the date on which the traffic citation was issued.
(g) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation where the date of issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.
Procedure for Home Jurisdiction
(a) Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction's procedures, to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority. Due process safeguards will be accorded.
(b) The licensing authority of the home jurisdiction shall maintain a record of actions taken and make reports to issuing jurisdictions as provided in the compact manual.
Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party jurisdiction to apply any of its other laws relating to license to drive to any person or circumstance, or to invalidate or prevent any driver license agreement or other cooperative arrangements between a party jurisdiction and a nonparty jurisdiction.
Compact Administrator Procedures
(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each party jurisdiction to be known as the compact administrator. The compact administrator shall be appointed by the jurisdiction executive and will serve and be subject to removal in accordance with the laws of the jurisdiction the administrator represents. A compact administrator may provide for the discharge of such administrator's duties and the performance of functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of the alternate's identity has been given to the board.
(b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor. Action by the board shall be only at a meeting at which a majority of the party jurisdictions are represented.
(c) The board shall elect annually, from its membership, a chairperson and vice chairperson.
(d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power to amend and rescind its bylaws.
(e) The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any jurisdiction, the United States, or any other governmental agency, and may receive, utilize and dispose of the same.
(f) The board may contract with, or accept services or personnel from any governmental or intergovernmental agency, person, firm, or corporation, or any private nonprofit organization or institution.
(g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the compact manual.
Entry into Compact and Withdrawal
(a) This compact shall become effective when it has been adopted by at least two jurisdictions.
(b) (1) Entry into the compact shall be made by a resolution of ratification executed by the authorized officials of the applying jurisdiction and submitted to the chairperson of the board.
(2) The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows:
(i) A citation of the authority by which the jurisdiction is empowered to become a party to this compact.
(ii) Agreement to comply with the terms and provisions of the compact.
(iii) That compact entry is with all jurisdictions then party to the compact and with any jurisdiction that legally becomes a party to the compact.
(3) The effective date of entry shall be specified by the applying jurisdiction, but it shall not be less than 60 days after notice has been given by the chairperson of the board of compact administrators or by the secretariat of the board to each party jurisdiction that the resolution from the applying jurisdiction has been received.
(c) A party jurisdiction may withdraw from this compact by official written notice to the other party jurisdictions, but a withdrawal shall not take effect until 90 days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member jurisdiction. No withdrawal shall affect the validity of this compact as to the remaining party jurisdictions.
The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.
Amendments to the Compact
(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of compact administrators and may be initiated by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective 30 days after the date of the last endorsement.
(c) Failure of a party jurisdiction to respond to the compact chairperson within 120 days after receipt of the proposed amendment shall constitute endorsement.
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party jurisdiction or of the United States or the applicability thereof to any government agency, person, or circumstance, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any jurisdiction party thereto, the compact shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdiction affected as to all severable matters.
This compact shall be known as the Nonresident Violator Compact of 1977.
History: L. 1982, ch. 46, § 1; July 1.
8-1220. Same; compact administrator; amendments to compact.
(a) The governor shall appoint the secretary of revenue or the director of vehicles to be the compact administrator for the nonresident violator compact for the state of Kansas. The compact administrator shall serve at the pleasure of the governor.
(b) Kansas endorsement of amendments to the compact shall be made by the compact administrator with the approval of the governor.
(c) This act shall be subject to section 30 of article 2 of the Kansas constitution.
History: L. 1982, ch. 46, § 2; July 1.
8-1221. Same; resolution of ratification.
The resolution of ratification provided for by paragraph (b) of article VII shall be adopted by the Kansas compact administrator appointed under this act. The effective date of entry for Kansas shall be not sooner than January 1, 1983.
History: L. 1982, ch. 46, § 3; July 1.
8-1222. Same; application of compact; rules and regulations.
(a) The provisions of this act shall apply to any court which has any jurisdiction to take any action suspending, revoking or otherwise limiting a driver's license. The provisions of this act shall apply to all law enforcement officers who are authorized to enforce laws of this state relating to vehicular traffic or to enforce ordinances or regulations of any local authority as defined in K.S.A. 8-1432.
(b) The secretary of revenue may adopt rules and regulations for the administration of this act.
History: L. 1982, ch. 46, § 4; July 1.