8-241.Licensee must submit to examination, when;
examination and reinstatement fees; disposition of moneys;
notice; restriction, suspension or revocation of license, when.
(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
a of 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): (1) 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 $100 after the first occurrence, $200 after
the second occurrence, $300 after the third occurrence and $400 after the
fourth occurrence; and (2) as a result of a test refusal shall be required,
at the time of examination, to pay a reinstatement fee of $400 after the
first occurrence, $600 after the second occurrence, $800 after the third
occurrence and $1,000 after the fourth occurrence. No reinstatement shall be
allowed after the fifth or subsequent occurrence under either subsection (b)(1)
or (b)(2). 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. 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 50% to the community alcoholism and
intoxication
programs fund created pursuant to K.S.A. 41-1126, and amendments thereto, 20%
to the juvenile detention facilities fund created
by K.S.A. 79-4803, and amendments thereto, 20% to the forensic laboratory and
materials fee fund cited in K.S.A. 28-176, and amendments thereto, and 10% to
the driving under the influence equipment 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 subsection (e) of K.S.A. 8-247, 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.
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; July 1.
8-241.Licensee must submit to examination, when;
examination and reinstatement fees; disposition of moneys;
notice; restriction, suspension or revocation of license, when.
(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
a of 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): (1) 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 $100 after the first occurrence, $200 after
the second occurrence, $300 after the third occurrence and $400 after the
fourth occurrence; and (2) as a result of a test refusal shall be required,
at the time of examination, to pay a reinstatement fee of $400 after the
first occurrence, $600 after the second occurrence, $800 after the third
occurrence and $1,000 after the fourth occurrence. No reinstatement shall be
allowed after the fifth or subsequent occurrence under either subsection (b)(1)
or (b)(2). 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. 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 50% to the community alcoholism and
intoxication
programs fund created pursuant to K.S.A. 41-1126, and amendments thereto, 20%
to the juvenile detention facilities fund created
by K.S.A. 79-4803, and amendments thereto, 20% to the forensic laboratory and
materials fee fund cited in K.S.A. 28-176, and amendments thereto, and 10% to
the driving under the influence equipment 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 subsection (e) of K.S.A. 8-247, 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.
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; July 1.
8-241.Licensee must submit to examination, when;
examination and reinstatement fees; disposition of moneys;
notice; restriction, suspension or revocation of license, when.
(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
a of 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): (1) 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 $100 after the first occurrence, $200 after
the second occurrence, $300 after the third occurrence and $400 after the
fourth occurrence; and (2) as a result of a test refusal shall be required,
at the time of examination, to pay a reinstatement fee of $400 after the
first occurrence, $600 after the second occurrence, $800 after the third
occurrence and $1,000 after the fourth occurrence. No reinstatement shall be
allowed after the fifth or subsequent occurrence under either subsection (b)(1)
or (b)(2). 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. 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 50% to the community alcoholism and
intoxication
programs fund created pursuant to K.S.A. 41-1126, and amendments thereto, 20%
to the juvenile detention facilities fund created
by K.S.A. 79-4803, and amendments thereto, 20% to the forensic laboratory and
materials fee fund cited in K.S.A. 28-176, and amendments thereto, and 10% to
the driving under the influence equipment 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 subsection (e) of K.S.A. 8-247, 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.
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; July 1.