8-2110.Failure to comply with traffic citation;
misdemeanor;
suspension of driver's license; fees for mailing notice; reinstatement fee;
authorized only by
legislative enactment; disposition of reinstatement
fees.
(a) Failure to comply with a traffic citation means failure either to (1)
appear before any district or municipal court in response to a
traffic citation and pay in full any fine
and court costs imposed or (2) otherwise comply with a traffic citation as
provided in K.S.A. 8-2118, and amendments thereto.
Failure
to comply with a traffic
citation is a misdemeanor, regardless of the disposition of the charge for
which such citation was originally issued.
(b) (1) In addition to penalties of law applicable under subsection
(a), when
a person fails to comply with a
traffic citation, except for illegal parking, standing or stopping, the
district or municipal court in which the person should have complied with
the citation shall mail notice to the person that if the person does not appear
in
district or municipal court or pay all fines, court costs and any penalties
within 30 days from the date of mailing notice, the division of vehicles
will be notified to suspend the person's driving privileges. The district or
municipal court may charge an additional fee of $5 for mailing such notice.
Upon the person's
failure to comply within such 30 days of mailing notice, the district or
municipal court
shall electronically notify the division of vehicles. Upon receipt of a
report of
a failure to comply with a traffic citation under this
subsection, pursuant to K.S.A. 8-255, and amendments
thereto, the division of vehicles shall notify the violator and suspend
the license of the violator until satisfactory evidence
of compliance with the terms of the traffic citation has been furnished
to
the informing court. When the court determines the person has complied with
the terms of the traffic citation, the court shall immediately electronically
notify the division of vehicles of such compliance. Upon receipt of
notification of such compliance
from the informing court,
the division of vehicles shall terminate the suspension or
suspension action.
(2) (A) In lieu of suspension under paragraph (1), the driver may
submit
to the division of
vehicles
a written request
for restricted driving privileges, with a non-refundable $25 application fee,
to be applied by the division of vehicles for additional administrative costs
to implement restricted driving privileges.
The division shall remit all restricted driving privilege application fees 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
division of vehicles operating fund.
(B) Upon review and approval of the
driver's eligibility, the driving privileges will be restricted
by the division of vehicles
for a period up
to one year or until the terms of the traffic citation have been
complied with and the court shall immediately electronically
notify the division of vehicles of such compliance. If the driver
fails to comply with the traffic citation within the one year
restricted period, the driving privileges will be suspended
by the division of vehicles
until
the court determines the person has complied with the terms of
the traffic citation and the court shall immediately
electronically notify the division of vehicles of such
compliance. Upon receipt of notification of such compliance from
the informing court, the division of vehicles shall terminate the
suspension action.
When restricted driving privileges are
approved pursuant to this section, the person's driving privileges shall be
restricted to driving only under the following circumstances: (i) In going to
or returning from the person's place of employment or schooling; (ii) in the
course of the person's employment; (iii) during a medical emergency; (iv) in
going
to and returning from probation or parole meetings, drug or alcohol counseling
or any place the person is required to go by a court.
The provisions of this paragraph shall expire
on January 1, 2012.
(c) Except as provided in subsection (d), when the district or municipal
court notifies the division of
vehicles of a failure to comply with a traffic citation pursuant to
subsection (b), the court shall assess a reinstatement fee of
$59 for each
charge on which the person failed to make satisfaction regardless of the
disposition of the charge for which such citation was originally issued
and regardless of any application for restricted driving
privileges.
Such reinstatement fee shall be in addition to any fine,
restricted
driving privilege application fee,
district or
municipal court costs and
other penalties. The court shall
remit all
reinstatement fees 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 and
shall credit
42.37% of such moneys to the division of vehicles
operating fund, 31.78% to the community alcoholism and
intoxication
programs
fund created by K.S.A. 41-1126, and amendments thereto,
10.59% to the juvenile
detention facilities fund created by K.S.A. 79-4803, and amendments thereto,
and 15.26% to the judicial branch nonjudicial salary adjustment fund created by
K.S.A. 2009 Supp. 20-1a15, and amendments thereto.
(d) The district court or municipal court shall
waive the reinstatement fee provided for in subsection (c), if the failure to
comply with a traffic citation was the result of such person enlisting in or
being
drafted into the armed services of the United States, being called into service
as a member of a reserve component of the military service of the United
States, or volunteering for such active duty, or being called into service as a
member of the state of Kansas national guard, or volunteering for such active
duty, and being absent from Kansas because of such military service. In any
case of a failure to comply with a traffic citation which occurred on or after
August 1, 1990, and prior to the effective date of this act, in which a person
was assessed and paid a reinstatement fee and the person failed to comply with
a traffic citation because the person was absent from Kansas because of any
such military service, the reinstatement fee shall be reimbursed to such person
upon application therefor.
The state treasurer and the director of accounts and reports shall prescribe
procedures for all such reimbursement payments and shall create appropriate
accounts, make appropriate accounting entries and issue such appropriate
vouchers and warrants as may be required to make such reimbursement payments.
(e) Except as provided further, the reinstatement fee established in
this section shall be the only
fee collected or moneys in the nature of a fee collected for such
reinstatement. Such fee shall only be established by an act of the legislature
and no other authority is established by law or otherwise to collect a
fee. On and after July 1, 2009 through June 30, 2010, the supreme court may
impose an
additional charge, not to exceed $10 per reinstatement fee, to fund the costs
of non-judicial personnel.
History: L. 1974, ch. 33, § 8-2110;
L. 1982, ch. 46, § 6;
L. 1984, ch. 39, § 25;
L. 1985, ch. 78, § 2;
L. 1990, ch. 43, § 6;
L. 1991, ch. 282, § 6;
L. 1991, ch. 36, § 24;
L. 1994, ch. 351, § 2;
L. 2001, ch. 5, § 38;
L. 2002, ch. 43, § 1;
L. 2006, ch. 215, § 3;
L. 2006, ch. 215, § 4;
L. 2008, ch. 114, § 1;
L. 2008, ch. 150, § 1;
L. 2009, ch. 111, § 1;
L. 2009, ch. 143, § 4; July 1.
8-2110.Failure to comply with traffic citation;
misdemeanor;
suspension of driver's license; fees for mailing notice; reinstatement fee;
authorized only by
legislative enactment; disposition of reinstatement
fees.
(a) Failure to comply with a traffic citation means failure either to (1)
appear before any district or municipal court in response to a
traffic citation and pay in full any fine
and court costs imposed or (2) otherwise comply with a traffic citation as
provided in K.S.A. 8-2118, and amendments thereto.
Failure
to comply with a traffic
citation is a misdemeanor, regardless of the disposition of the charge for
which such citation was originally issued.
(b) (1) In addition to penalties of law applicable under subsection
(a), when
a person fails to comply with a
traffic citation, except for illegal parking, standing or stopping, the
district or municipal court in which the person should have complied with
the citation shall mail notice to the person that if the person does not appear
in
district or municipal court or pay all fines, court costs and any penalties
within 30 days from the date of mailing notice, the division of vehicles
will be notified to suspend the person's driving privileges. The district or
municipal court may charge an additional fee of $5 for mailing such notice.
Upon the person's
failure to comply within such 30 days of mailing notice, the district or
municipal court
shall electronically notify the division of vehicles. Upon receipt of a
report of
a failure to comply with a traffic citation under this
subsection, pursuant to K.S.A. 8-255, and amendments
thereto, the division of vehicles shall notify the violator and suspend
the license of the violator until satisfactory evidence
of compliance with the terms of the traffic citation has been furnished
to
the informing court. When the court determines the person has complied with
the terms of the traffic citation, the court shall immediately electronically
notify the division of vehicles of such compliance. Upon receipt of
notification of such compliance
from the informing court,
the division of vehicles shall terminate the suspension or
suspension action.
(2) (A) In lieu of suspension under paragraph (1), the driver may
submit
to the division of
vehicles
a written request
for restricted driving privileges, with a non-refundable $25 application fee,
to be applied by the division of vehicles for additional administrative costs
to implement restricted driving privileges.
The division shall remit all restricted driving privilege application fees 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
division of vehicles operating fund.
(B) Upon review and approval of the
driver's eligibility, the driving privileges will be restricted
by the division of vehicles
for a period up
to one year or until the terms of the traffic citation have been
complied with and the court shall immediately electronically
notify the division of vehicles of such compliance. If the driver
fails to comply with the traffic citation within the one year
restricted period, the driving privileges will be suspended
by the division of vehicles
until
the court determines the person has complied with the terms of
the traffic citation and the court shall immediately
electronically notify the division of vehicles of such
compliance. Upon receipt of notification of such compliance from
the informing court, the division of vehicles shall terminate the
suspension action.
When restricted driving privileges are
approved pursuant to this section, the person's driving privileges shall be
restricted to driving only under the following circumstances: (i) In going to
or returning from the person's place of employment or schooling; (ii) in the
course of the person's employment; (iii) during a medical emergency; (iv) in
going
to and returning from probation or parole meetings, drug or alcohol counseling
or any place the person is required to go by a court.
The provisions of this paragraph shall expire
on January 1, 2012.
(c) Except as provided in subsection (d), when the district or municipal
court notifies the division of
vehicles of a failure to comply with a traffic citation pursuant to
subsection (b), the court shall assess a reinstatement fee of
$59 for each
charge on which the person failed to make satisfaction regardless of the
disposition of the charge for which such citation was originally issued
and regardless of any application for restricted driving
privileges.
Such reinstatement fee shall be in addition to any fine,
restricted
driving privilege application fee,
district or
municipal court costs and
other penalties. The court shall
remit all
reinstatement fees 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 and
shall credit
42.37% of such moneys to the division of vehicles
operating fund, 31.78% to the community alcoholism and
intoxication
programs
fund created by K.S.A. 41-1126, and amendments thereto,
10.59% to the juvenile
detention facilities fund created by K.S.A. 79-4803, and amendments thereto,
and 15.26% to the judicial branch nonjudicial salary adjustment fund created by
K.S.A. 2009 Supp. 20-1a15, and amendments thereto.
(d) The district court or municipal court shall
waive the reinstatement fee provided for in subsection (c), if the failure to
comply with a traffic citation was the result of such person enlisting in or
being
drafted into the armed services of the United States, being called into service
as a member of a reserve component of the military service of the United
States, or volunteering for such active duty, or being called into service as a
member of the state of Kansas national guard, or volunteering for such active
duty, and being absent from Kansas because of such military service. In any
case of a failure to comply with a traffic citation which occurred on or after
August 1, 1990, and prior to the effective date of this act, in which a person
was assessed and paid a reinstatement fee and the person failed to comply with
a traffic citation because the person was absent from Kansas because of any
such military service, the reinstatement fee shall be reimbursed to such person
upon application therefor.
The state treasurer and the director of accounts and reports shall prescribe
procedures for all such reimbursement payments and shall create appropriate
accounts, make appropriate accounting entries and issue such appropriate
vouchers and warrants as may be required to make such reimbursement payments.
(e) Except as provided further, the reinstatement fee established in
this section shall be the only
fee collected or moneys in the nature of a fee collected for such
reinstatement. Such fee shall only be established by an act of the legislature
and no other authority is established by law or otherwise to collect a
fee. On and after July 1, 2009 through June 30, 2010, the supreme court may
impose an
additional charge, not to exceed $10 per reinstatement fee, to fund the costs
of non-judicial personnel.
History: L. 1974, ch. 33, § 8-2110;
L. 1982, ch. 46, § 6;
L. 1984, ch. 39, § 25;
L. 1985, ch. 78, § 2;
L. 1990, ch. 43, § 6;
L. 1991, ch. 282, § 6;
L. 1991, ch. 36, § 24;
L. 1994, ch. 351, § 2;
L. 2001, ch. 5, § 38;
L. 2002, ch. 43, § 1;
L. 2006, ch. 215, § 3;
L. 2006, ch. 215, § 4;
L. 2008, ch. 114, § 1;
L. 2008, ch. 150, § 1;
L. 2009, ch. 111, § 1;
L. 2009, ch. 143, § 4; July 1.
8-2110.Failure to comply with traffic citation;
misdemeanor;
suspension of driver's license; fees for mailing notice; reinstatement fee;
authorized only by
legislative enactment; disposition of reinstatement
fees.
(a) Failure to comply with a traffic citation means failure either to (1)
appear before any district or municipal court in response to a
traffic citation and pay in full any fine
and court costs imposed or (2) otherwise comply with a traffic citation as
provided in K.S.A. 8-2118, and amendments thereto.
Failure
to comply with a traffic
citation is a misdemeanor, regardless of the disposition of the charge for
which such citation was originally issued.
(b) (1) In addition to penalties of law applicable under subsection
(a), when
a person fails to comply with a
traffic citation, except for illegal parking, standing or stopping, the
district or municipal court in which the person should have complied with
the citation shall mail notice to the person that if the person does not appear
in
district or municipal court or pay all fines, court costs and any penalties
within 30 days from the date of mailing notice, the division of vehicles
will be notified to suspend the person's driving privileges. The district or
municipal court may charge an additional fee of $5 for mailing such notice.
Upon the person's
failure to comply within such 30 days of mailing notice, the district or
municipal court
shall electronically notify the division of vehicles. Upon receipt of a
report of
a failure to comply with a traffic citation under this
subsection, pursuant to K.S.A. 8-255, and amendments
thereto, the division of vehicles shall notify the violator and suspend
the license of the violator until satisfactory evidence
of compliance with the terms of the traffic citation has been furnished
to
the informing court. When the court determines the person has complied with
the terms of the traffic citation, the court shall immediately electronically
notify the division of vehicles of such compliance. Upon receipt of
notification of such compliance
from the informing court,
the division of vehicles shall terminate the suspension or
suspension action.
(2) (A) In lieu of suspension under paragraph (1), the driver may
submit
to the division of
vehicles
a written request
for restricted driving privileges, with a non-refundable $25 application fee,
to be applied by the division of vehicles for additional administrative costs
to implement restricted driving privileges.
The division shall remit all restricted driving privilege application fees 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
division of vehicles operating fund.
(B) Upon review and approval of the
driver's eligibility, the driving privileges will be restricted
by the division of vehicles
for a period up
to one year or until the terms of the traffic citation have been
complied with and the court shall immediately electronically
notify the division of vehicles of such compliance. If the driver
fails to comply with the traffic citation within the one year
restricted period, the driving privileges will be suspended
by the division of vehicles
until
the court determines the person has complied with the terms of
the traffic citation and the court shall immediately
electronically notify the division of vehicles of such
compliance. Upon receipt of notification of such compliance from
the informing court, the division of vehicles shall terminate the
suspension action.
When restricted driving privileges are
approved pursuant to this section, the person's driving privileges shall be
restricted to driving only under the following circumstances: (i) In going to
or returning from the person's place of employment or schooling; (ii) in the
course of the person's employment; (iii) during a medical emergency; (iv) in
going
to and returning from probation or parole meetings, drug or alcohol counseling
or any place the person is required to go by a court.
The provisions of this paragraph shall expire
on January 1, 2012.
(c) Except as provided in subsection (d), when the district or municipal
court notifies the division of
vehicles of a failure to comply with a traffic citation pursuant to
subsection (b), the court shall assess a reinstatement fee of
$59 for each
charge on which the person failed to make satisfaction regardless of the
disposition of the charge for which such citation was originally issued
and regardless of any application for restricted driving
privileges.
Such reinstatement fee shall be in addition to any fine,
restricted
driving privilege application fee,
district or
municipal court costs and
other penalties. The court shall
remit all
reinstatement fees 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 and
shall credit
42.37% of such moneys to the division of vehicles
operating fund, 31.78% to the community alcoholism and
intoxication
programs
fund created by K.S.A. 41-1126, and amendments thereto,
10.59% to the juvenile
detention facilities fund created by K.S.A. 79-4803, and amendments thereto,
and 15.26% to the judicial branch nonjudicial salary adjustment fund created by
K.S.A. 2009 Supp. 20-1a15, and amendments thereto.
(d) The district court or municipal court shall
waive the reinstatement fee provided for in subsection (c), if the failure to
comply with a traffic citation was the result of such person enlisting in or
being
drafted into the armed services of the United States, being called into service
as a member of a reserve component of the military service of the United
States, or volunteering for such active duty, or being called into service as a
member of the state of Kansas national guard, or volunteering for such active
duty, and being absent from Kansas because of such military service. In any
case of a failure to comply with a traffic citation which occurred on or after
August 1, 1990, and prior to the effective date of this act, in which a person
was assessed and paid a reinstatement fee and the person failed to comply with
a traffic citation because the person was absent from Kansas because of any
such military service, the reinstatement fee shall be reimbursed to such person
upon application therefor.
The state treasurer and the director of accounts and reports shall prescribe
procedures for all such reimbursement payments and shall create appropriate
accounts, make appropriate accounting entries and issue such appropriate
vouchers and warrants as may be required to make such reimbursement payments.
(e) Except as provided further, the reinstatement fee established in
this section shall be the only
fee collected or moneys in the nature of a fee collected for such
reinstatement. Such fee shall only be established by an act of the legislature
and no other authority is established by law or otherwise to collect a
fee. On and after July 1, 2009 through June 30, 2010, the supreme court may
impose an
additional charge, not to exceed $10 per reinstatement fee, to fund the costs
of non-judicial personnel.
History: L. 1974, ch. 33, § 8-2110;
L. 1982, ch. 46, § 6;
L. 1984, ch. 39, § 25;
L. 1985, ch. 78, § 2;
L. 1990, ch. 43, § 6;
L. 1991, ch. 282, § 6;
L. 1991, ch. 36, § 24;
L. 1994, ch. 351, § 2;
L. 2001, ch. 5, § 38;
L. 2002, ch. 43, § 1;
L. 2006, ch. 215, § 3;
L. 2006, ch. 215, § 4;
L. 2008, ch. 114, § 1;
L. 2008, ch. 150, § 1;
L. 2009, ch. 111, § 1;
L. 2009, ch. 143, § 4; July 1.