K.S.A. Chapter 8 Article 13 - Miscellaneous Provisions
Current through end of 2022 legislative session
8-1324 Nondriver's identification card; application; fee; reduced fee for those 65 or older.
8-1325 Same; expiration; renewal; fee; anatomical gift; organ and tissue registry.
8-1325a Same; registered sex offender; expiration; renewal; distinguishable.
8-1326 Same; duplicate identification cards.
8-1326a (Tentative statute number). Identification cards; defintions.
8-1327 Same; unlawful use of identification cards; other unlawful acts relating thereto.
8-1328 Same; card to resemble driver's license; information on card.
8-1329 Nondriver's identification cards; cards issued to persons under 18 or 21 distinguishable.
8-1330 Same; division not responsible for accuracy of information on card.
8-1331 Same; change of address.
8-1332 Same; 'cancellation' defined.
8-1333 Same; disposition of moneys; state highway fund.
8-1342 Civil penalty for overloading certain vehicles.
8-1343 Child passenger safety act.
8-1343a Passenger car, defined.
8-1344 Child passenger safety; restraining systems for children under the age of four; use of seat belts by children between the ages of five and fourteen.
8-1345 Same; unlawful acts; penalties; court cost and fine waived, when; defense to action.
8-1346 Same; nonuse not negligence per se.
8-1347 Same; program of public education.
8-1348 Driving motor vehicle upon or across real or personal property of another, intentionally damaging same, unlawful; civil liability; suspension of registration.
8-1349 Funeral Procession; Definitions
8-1350 Same; Funeral escorts may direct traffic; right of way
8-1351 Same; Vehicles in a funeral procession to follow closely
8-1352 Same; Local powers
8-1324. Nondriver's identification card; application; fee; reduced fee for those 65 or older.
(a) Any resident who does not hold a current valid Kansas driver’s license may make application to the division of vehicles and be issued one identification card.
(b) (1) Each application for an identification card shall include a question asking if the applicant is willing to give such applicant’s authorization to be listed as an organ, eye and tissue donor in the Kansas donor registry in accordance with the revised uniform anatomical gift act, K.S.A. 2017 Supp. 65-3220 through 65-3244, and amendments thereto. The gift would become effective upon the death of the donor.
(2) 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 K.S.A. 8-240(b)(2)(E) through (2)(I), and amendments thereto, or is an alien lawfully admitted for temporary residence under K.S.A. 8-240(b)(2)(B), 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 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 of K.S.A. 8-1002 (e), 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 with- out 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) (1) 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. In addition to the fees prescribed by this subsection, the division shall require payment of the photo fee established pursuant to K.S.A. 8-243, and amendments thereto, for the cost of the photograph to be placed on the identification card.
(2) The division shall not require or accept payment of application or photo fees under this subsection for any person 17 years of age or older for purposes of meeting the voter identification requirements of K.S.A. 25-2908, and amendments thereto. Such person shall:
(A) Swear under oath that such person desires an identification card in order to vote in an election in Kansas and that such person does not possess any of the forms of identification acceptable under K.S.A. 25-2908, and amendments thereto. The affidavit shall specifically list the acceptable forms of identification under K.S.A. 25-2908, and amendments thereto; and;
(B) produce evidence that such person is registered to vote in Kansas.
(3) The secretary of revenue shall adopt rules and regulations in order to implement the provisions of paragraph (2).
(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. The captured facial image shall be displayed on the front of the applicant’s identification card by either:
(1) A digital color image or photograph; or
(2) a laser-engraved photograph of the licensee.
(k)(1) Any person who is a veteran may request that the division issue to such person a nondriver identification card which shall include the designation "VETERAN" displayed on the front of the nondriver identification card at a location to be determined by the secretary of revenue. In order to receive a nondriver identification card described in this subsection, the veteran must provide proof of the veteran’s military service and honorable discharge or general discharge under honorable conditions, including a copy of the veteran’s DD214 form or equivalent.
(2) As used in this subsection, "veteran" means a person who:
(A) Has served in: The army, navy, marine corps, air force, coast guard, air or army national guard or any branch of the military reserves of the United States; and
(B) has been separated from the branch of service in which the person was honorably discharged or received a general discharge under honorable conditions.
(3) The director of vehicles may adopt any rules and regulations necessary to carry out the provisions of this subsection.
(l) 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.
(m) 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, either: (1) A digital color image or photograph; or (2) a laser engraved 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. 2017 Supp. 75-455, and amendments thereto.
(n) An identification card issued to any person who indicated on the application that the person wished to make an anatomical gift in accordance with the revised uniform anatomical gift act, K.S.A. 2017 Supp. 65- 3220 through 65-3244, and amendments thereto, shall have the word ‘‘Donor’’ placed on the front of the applicant’s identification card.
(o) (1) Any person who submits satisfactory proof to the director of vehicles, on a form provided by the director, that such person needs assistance with cognition, including, but not limited to, persons with autism spectrum disorder, may request that the division issue to such person a nondriver identification card, that shall note such impairment on the non-driver identification card at a location to be determined by the secretary of revenue.
(2) Satisfactory proof that a person needs assistance with cognition shall include a statement from a person licensed to practice the healing arts in any state, an advanced practice registered nurse licensed under K.S.A. 65-1131, and amendments thereto, a licensed physician assistant or a person clinically licensed by the Kansas behavioral sciences regulatory board certifying that such person needs assistance with cognition.
(p) (1) The secretary of revenue shall permit an electronic online renewal of an identification card if the electronic online renewalapplicant previously provided documentation of identity, lawful presence and residence to the division for electronic scanning. For purposes of this subsection, the division may rely on the division's most recent, existing color digital image and signature image of the applicant for the nondriver's identification card if the division has such images on file. The determination on whether an electronic online renewal application or equivalent of a nondriver's identification card is permitted shall be made by the director of vehicles or the director's designee. The division shall not renew a nondriver's identification card through an electronic online or equivalent process if the identification card has been previously renewed through an electronic online application in the immediately preceding card's expiration period. No renewal under this subsection shall be granted to any person who is a registered offender pursuant to K.S.A. 22-4901 et seq., and amendments thereto.
(2) Prior to February 1, 2023, the division shall report to the house of representatives and the senate committees on transportation regarding the online renewal process of this subsection and the effects of implementing such process.
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; L. 2008, ch. 138, § 3; L. 2011, ch. 112, § 6; L. 2013, ch. 74, § 2; L. 2016, ch. 73, § 3; L. 2017, ch. 26, § 3; L. 2018, ch. 31, § 4; L. 2022, ch. 68, § 2, July 1.
8-1325. Same; expiration; renewal; fee; anatomical gift; organ and tissue registry.
(a) Every identification card shall expire, unless earlier canceled or subsection (c) of K.S.A. 2006 Supp. 8-1324, and amendments thereto, applies, on the sixth birthday of the applicant following the date of original issue, except as otherwise provided by K.S.A. 8-1329, and amendments thereto. Renewal of any identification card shall be made for a term of six years and shall expire in a like manner as the originally issued identification card, unless surrendered earlier or subsection (c) of K.S.A. 2006 Supp. 8-1324, and amendments thereto, applies. For any person who has been issued an identification card, the division shall mail a notice of expiration or renewal at least 30 days prior to the expiration of such person’s identification card at the address shown on such identification card. The division shall include with such notice, written information required under subsection (b). Any application for renewal received later than 90 days after expiration of the identification card shall be considered to be an application for an original identification card. The division shall require payment of a fee of $14 for each identification card renewal, except that persons who are 65 or more years of age or who are persons with a disability, as defined in K.S.A. 8-1,124, and amendments thereto, shall be required to pay a fee of $10. Any identification card holder, whose identification card has expired after March 12, 2020, and before March 31, 2021, shall have until June 30, 2021, to renew such identification card.
(b) The division shall reference the website of the agency in a person’s notice of expiration or renewal under subsection (a). The division shall provide the following information on the website of the agency:
(1) 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. 2009 Supp. 65-3220 through 65-3244, and amendments thereto;
(2) information describing the organ donation registry program maintained by the Kansas federally designated organ procurement organization. The 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) information giving the applicant the opportunity to be placed on the organ donation registry described in paragraph (2);
(4) inform the applicant 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 such information on the website of the agency; or
(B) providing printed material to an applicant who personally applies for an identification card; and
(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. 195, § 59; L. 2010, ch. 146, §8; L. 2021, ch. 89, § 4; May 6.
8-1325a. Same; registered sex offender; expiration; renewal; distinguishable.
(a) Notwithstanding the provisions of K.S.A. 8-1325 and 8-1329, and amendments thereto, an identification card issued to an offender, as defined in K.S.A. 22-4902, and amendments thereto, who is required to register pursuant to the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, shall expire on the first birthday of the applicant following the date of original issue. Renewal of any identification card issued under this section shall be made for a term of one year and shall expire in a like manner as the originally issued identification card, unless surrendered earlier.
(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.
L. 2006, ch. 214, § 1; June 1.
8-1326. Same; duplicate identification cards.
(a) If an identification card issued pursuant to this act is lost or destroyed, or if a new name is acquired, the person to whom the card was issued may obtain a duplicate card upon:
(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;
(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.
8-1326a. Tentative statute number. Identification cards; defintions.
As used in K.S.A. 8-1327, and amendments thereto, and sections 1 through 6 [of 2022 HB 277], and amendments thereto:
(a) "Law enforcement agency" means a city police department, a county sheriff's department, a county police department or any law enforcement department of a taxing subdivision of the state.
(b) "Law enforcement officer" means a full-time or part-time officer or employee of a city, county or taxing subdivision of the state whose duties include the prevention or detection of crime and the enforcement of criminal and traffic laws of the state or of any municipality.
(c) "Municipal identification card" means any document, card or other instrument authorized or issued by or on behalf of a city or county and bearing a name, photograph or other descriptive information of any individual and intended for use as a form of identification.
(d) "Municipality" means a city, county or any taxing subdivision of the state that employs law enforcement officers.
History: L. 2022, ch. 51, § 1, July 1.
8-1327. Same; unlawful use of identification cards; other unlawful acts relating thereto.
(a) It shall be unlawful for any person, for any purpose, to:
(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 subsections (a)(1) or (a)(9) of subsection (a) is a class B nonperson misdemeanor. Violation of subsections (a)(2), (a)(3), (a)(4), (a)(6), (a)(7) or (a)(8) is a class A nonperson misdemeanor. Violation of subsectin (a)(5) 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 and to any municipal identification card as defined by section 1 [of 2022 HB 2717], and amendments thereto.
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; L. 2022, ch. 51, § 7; July 1..
8-1328. Same; card to resemble driver's license; information on card.
(a) The identification card shall resemble in appearance, so far as is practicable, a driver's license issued in accordance with K.S.A. 8-243 and amendments thereto and shall adequately describe the registrant. The identification card shall be sealed in transparent plastic or similar substance.
(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, sections 1 through 24 and K.S.A. 65-3219, 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.
8-1329. Nondriver's identification cards; cards issued to persons under 18 or 21 distinguishable.
(a) An identification card issued to any person under 21 years of age shall expire on such person's twenty-first birthday and shall bear on the face of the card an overprint of the words 'UNDER 21' placed diagonally across the card, and a statement to the effect that the card expires on the twenty-first birthday of the person to whom it is issued.
(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.
8-1330. Same; division not responsible for accuracy of information on card.
The division shall not be liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in identification cards provided for in this act.
History: L. 1973, ch. 31, § 7; July 1.
8-1331. Same; change of address.
Whenever any person after applying for and receiving an identification card acquires an address different from the address shown on the identification card, he or she shall, within fifteen (15) days thereafter, notify the division in writing of the old and new address. The division may thereupon take such action as necessary to insure that the identification card reflects the proper address of the identification card holder.
History: L. 1973, ch. 31, § 8; July 1.
8-1332. Same; 'cancellation' defined.
(a) When used in reference to an identification card, "cancellation" means that an identification card is terminated without prejudice and must be surrendered. Cancellation of a card may be made when such card has been issued through error, because the person is not entitled to a card or when voluntarily surrendered to the division.
(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.
8-1333. Same; disposition of moneys; state highway fund.
All moneys received pursuant to K.S.A. 8-1324 to 8-1332, inclusive, and amendments thereto, shall be remitted by the director of the division of vehicles 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 to the credit of the state highway fund.
History: L. 1973, ch. 31, § 10; L. 2001, ch. 5, § 36; July 1.
8-1342. Civil penalty for overloading certain vehicles.
(a) No person shall, in return for any direct pecuniary benefit, while under no duress, willfully and knowingly cause any vehicle or combination of vehicles to be loaded with a gross weight exceeding the limitation for the maximum gross weight of such a vehicle or combination specified in article 19 of chapter 8 of Kansas Statutes Annotated, if at the time and place of such loading there is available a stationary scale, the accuracy of which is certified in accordance with law, together with a duly designated attendant of such scale. The provisions of this section shall not be deemed to create any civil negligence liability per sefor any person who overloads a vehicle or combination of vehicles.
(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.
8-1343. Child passenger safety act.
This act may be cited as the child passenger safety act.
History: L. 1981, ch. 33, § 1; July 1.
8-1343a. Passenger car, defined.
As used in K.S.A. 8-1343 through 8-1347, and amendments thereto, 'passenger car' means a motor vehicle with motive power designed for carrying 10 passengers or fewer, including vans, but does not include a motorcycle, a trailer or a vehicle constructed either on a truck chassis registered for a gross weight of more than 12,000 pounds or a farm truck registered for a gross weight of more than 16,000 pounds.
History: L. 1992, ch. 317, § 1; July 1.
8-1344. Child passenger safety; restraining systems for children under the age of four; use of seat belts by children between the ages of five and fourteen.
(a) Every driver as defined in K.S.A. 8-1416, and amendments thereto, who transports a child under the age of 14 years in a passenger car as defined in K.S.A. 2014 Supp. 8-1343a, or an autocycle as defined in K.S.A. 2017 Supp. 8-1497, and amendments thereto, on a highway as defined in K.S.A. 8-1424, and amendments thereto, shall provide for the protection of such child by properly using:
(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; L. 2015, ch. 48, § 9; May 14.
8-1345. Same; unlawful acts; penalties; court cost and fine waived, when; defense to action.
(a) It shall be unlawful for any driver to violate the provisions of K.S.A. 8-1344, and amendments thereto, and upon conviction such driver shall be punished by a fine of $60. The failure to provide a child safety restraining system or safety belt for more than one child in the same passenger car or autocycle as defined in K.S.A. 2017 Supp. 8-1497, and amendments thereto, at the same time shall be treated as a single violation. Any conviction under the provisions of this subsection shall not be construed as a moving traffic violation for the purpose of K.S.A. 8-255, and amendments thereto.
(b) The $60 fine provided for in subsection (a) shall be waived if the driver convicted of violating K.S.A. 8-1344(a)(1) or (2), 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 K.S.A. 8-1344(a)(1) or (a)(2), 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 K.S.A. 8-1344(a)(2), 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, L. 2015, ch. 48, § 10; May 14.
8-1346. Same; nonuse not negligence per se.
Failure to employ a child passenger restraint system shall not constitute negligence per se.
History: L. 1981, ch. 33, § 4; July 1.
8-1347. Same; program of public education.
The secretary of transportation shall develop a program of public education to promote the use of child passenger safety restraining systems and safety belts for children. As part of this program, the Kansas department of transportation shall make available to law enforcement officers for dissemination, information concerning child passenger safety.
History: L. 1981, ch. 33, § 5; L. 1984, ch. 38, § 3; L. 1989, ch. 40, § 3; July 1.
8-1348. Driving motor vehicle upon or across real or personal property of another, intentionally damaging same, unlawful; civil liability; suspension of registration.
It shall be unlawful for any person to drive a motor vehicle upon, across or onto the lawn, sidewalk, yard, farmland, crops or fences or other real or personal property of another person, intentionally damaging the same. The owner of any lawn, sidewalk, yard, farmland, crops or fences or other real or personal property so damaged may bring an action in the district court against the owner of the motor vehicle causing such damage for the amount thereof. It shall be a defense to such action if the owner of the vehicle proves that it had been stolen at the time of the damage.
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.
8-1349. Funeral Procession; Definitions
(a) "Funeral procession" means two or more vehicles accompanying the body of a deceased person, or traveling to the cemetery, church, chapel or other location where the funeral service is to be held, in the daylights hours, including a funeral lead vehicle or a funeral escort.
(b) "Funeral lead vehicle" means any authorized law enforcement or nonlaw enforcement motor vehicle properly equipped pursuant to K.S.A. 8-1723, and amendments thereto, or a funeral escort vehicle being used to lead and facilitate the movement of a funeral procession. A funeral hearse may serve as a funeral lead vehicle.
(c) "Funeral escort" means a person or entity that provides escort services for funeral processions, including law enforcement personnel and agencies and groups designated to escort military funeral processions.
History: L. 2021, ch. 71, § 1; July 1.
8-1350. Same; Funeral escorts may direct traffic; right of way
(a) Notwithstanding any provision of state law, city ordinance or county resolution relating to traffic control devices or rightof- way provisions, pedestrians and operators of all vehicles, except as provided in subsection (b), funeral escorts may reasonably direct vehicle and pedestrian traffic to allow funeral processions to pass through intersections and disregard traffic control devices. When the funeral lead vehicle is directed by a funeral escort to lawfully enter an intersection, the remaining vehicles in the funeral procession may follow such funeral lead vehicle through the intersection regardless of any traffic control devices or right-of-way provisions prescribed by state law, city ordinance or county resolution.
(b) Funeral processions shall have the right-of-way at intersections regardless of traffic control devices, subject to the following conditions and exceptions:
(1) Operators of vehicles in a funeral procession shall yield the rightof- way to an approaching authorized emergency vehicle, as defined in K.S.A. 8-1404, and amendments thereto, using an audible signal meeting the requirements of K.S.A. 8-1738, and amendments thereto, or a visual signal meeting the requirements of K.S.A. 8-1720, and amendments thereto;
(2) operators of vehicles in a funeral procession shall yield the right-of-way when directed by a police officer;
(3) operators of vehicles in a funeral procession shall exercise due care when participating in a funeral procession and avoid colliding with any other vehicle or pedestrian in accordance with K.S.A. 8-1535, and amendments thereto; and
(4) an operator of a vehicle in a funeral procession shall not have the right-of-way at an intersection, if the vehicle is more than 300 feet behind the immediately preceding vehicle in the funeral procession.
History: L. 2021, ch. 71, § 2; July 1.
8-1351. Same; Vehicles in a funeral procession to follow closely
(a) All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe.
(b) In accordance with K.S.A. 8-1523, and amendments thereto, any state law, city ordinance or county resolution stating that motor vehicles shall be operated to allow sufficient space, enabling any other vehicle to enter and occupy such space without danger, shall not be applicable to funeral processions.
(c) Each vehicle that is a part of a funeral procession shall have such vehicle's headlights, either high beam or low beam, and tail lights lighted and may also use flashing hazard lights if the vehicle is so equipped.
History: L. 2021, ch. 71, § 3; July 1.
Nothing in sections 1 through 3, and amendments thereto, shall be construed to prohibit any city or county from requiring:
(a) A law enforcement or nonlaw enforcement funeral lead vehicle or funeral escort for a funeral procession. A city or county and may require prior notice of a planned funeral procession be given to the city police department or the county sheriff; or
(b) compliance with any other city ordinance or county resolution not in conflict with the provisions of sections 1 through 3 [of 2021 SB 67], and amendments thereto.
History: L. 2021, ch. 71, § 4; July 1.