SB 29--Am. by SCW
[As Amended by Senate Committee of the
As Amended by Senate Committee
Session of 1997
SENATE BILL No. 29
By Senators Salisbury, Hensley and Petty
12 AN ACT concerning persons with a disability; relating to accessible park-
13 ing; amending K.S.A. 8-1,130 and K.S.A. 1996 Supp. 8-142, 8-1,125,
14 8-1,128, 8-1,129
, 8-1,130a and 74-2012 and 8-1,130a and repealing
15 the existing sections.
17 Be it enacted by the Legislature of the State of Kansas:
18 Section 1. K.S.A. 1996 Supp. 8-142 is hereby amended to read as
19 follows: 8-142. It shall be unlawful for any person to commit any of the
20 following acts and except as otherwise provided, violation is subject to
21 penalties provided in K.S.A. 8-149, and amendments thereto:
22 First: To operate, or for the owner thereof knowingly to permit the
23 operation, upon a highway of any vehicle, as defined in K.S.A. 8-126, and
24 amendments thereto, which is not registered, or for which a certificate
25 of title has not been issued or which does not have attached thereto and
26 displayed thereon the license plate or plates assigned thereto by the di-
27 vision for the current registration year, including any registration decal
28 required to be affixed to any such license plate pursuant to K.S.A. 8-134,
29 and amendments thereto, subject to the exemptions allowed in K.S.A. 8-
30 135, 8-198 and 8-1751a, and amendments thereto.
31 Second: To display or cause or permit to be displayed, or to have in
32 possession, any registration receipt, certificate of title, registration license
33 plate, registration decal, accessible parking placard or accessible parking
34 identification card knowing the same to be fictitious or to have been
35 canceled, revoked, suspended or altered. A violation of this part Second
36 shall constitute an unclassified misdemeanor punishable by a fine of not
37 less than $100 $300 $200 and forfeiture of the item. A mandatory court
38 appearance shall be required of any person violating this part Second.
39 Third: To lend to or knowingly permit the use by one not entitled
40 thereto any registration receipt, certificate of title, registration license
41 plate or registration decal issued to the person so lending or permitting
42 the use thereof.
43 Fourth: To fail or refuse to surrender to the division, upon demand,
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1 any registration receipt, certificate of title, registration license plate or
2 registration decal which has been suspended, canceled or revoked.
3 Fifth: To use a false or fictitious name or address in any application for
4 a certificate of title, the registration of any vehicle or for any renewal or
5 duplicate thereof, or knowingly to make a false statement or knowingly
6 to conceal a material fact or otherwise commit a fraud in any such appli-
8 Sixth: For the owner of a motor vehicle to file application for the reg-
9 istration thereof, in any county other than the county in which the owner
10 of the vehicle resides or has a bona fide place of business, which place is
11 not an office or facility established or maintained solely for the purpose
12 of obtaining registration.
13 Seventh: To operate on the highways of this state a vehicle or combi-
14 nation of vehicles whose weight with cargo is in excess of the gross weight
15 for which the truck or truck tractor propelling the same is registered,
16 except as provided by K.S.A. 8-143, and amendments thereto, and sub-
17 sections (a) to (f), inclusive, of K.S.A. 8-1911, and amendments thereto.
18 Such gross weight shall not be required to be in excess of the limitations
19 described by K.S.A. 8-1908 and 8-1909, and amendments thereto, for
20 such vehicle or combination of vehicles of which it is a part. Any person
21 or owner who operates a vehicle in this state with a registration in violation
22 of subsection (2) of K.S.A. 8-143, and amendments thereto, shall be re-
23 quired to pay the additional fee equal to the fee required by the applicable
24 registration fee schedule, less the amount of the fee required for the gross
25 weight for which the vehicle is registered to obtain the proper registration
26 therewith. A fine of $75 shall be assessed for all such gross weight reg-
27 istration violations.
28 Eighth: To operate a local truck or truck tractor which is registered for
29 a gross weight of more than 12,000 pounds as a common or contract
30 carrier outside a radius of three miles beyond the corporate limits of the
31 city in which such vehicle was based when registered and licensed or to
32 operate any other local truck or truck tractor licensed for a gross weight
33 of more than 12,000 pounds outside a radius of 25 miles beyond the
34 corporate limits of the city in which such vehicle was based when regis-
35 tered and licensed, except as provided in subsection (2) of K.S.A. 8-143
36 or 8-143i, and amendments thereto.
37 Ninth: To operate on the highways of this state a farm truck or farm
38 trailer other than to transport: (a) Agricultural products produced by such
39 owner; (b) commodities purchased by the owner for use on the farm
40 owned or rented by the owner of such vehicles; (c) commodities for re-
41 ligious or educational institutions being transported by the owner of such
42 vehicles for charity and without compensation of any kind, except as pro-
43 vided in subsection (c) of K.S.A. 66-1,109, and amendments thereto; or
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1 (d) sand, gravel, slag stone, limestone, crushed stone, cinders, black top,
2 dirt or fill material to a township road maintenance or construction site
3 of the township in which the owner of such truck resides.
4 Tenth: To operate a farm truck or truck tractor used in combination
5 with a trailer or semitrailer for a gross weight which does not include the
6 empty weight of the truck or truck tractor or of the combination of any
7 truck or truck tractor and any type of trailer or semitrailer, plus the max-
8 imum weight of cargo which will be transported on or with the same; and
9 such farm truck or farm truck tractor used to transport a gross weight of
10 more than 54,000 pounds shall have durably lettered on the side of the
11 motor vehicle the words ``farm vehicle--not for hire.''
12 Eleventh: To operate on the highways of this state any truck or truck
13 tractor without the current quarter of license fees being paid thereon.
14 Twelfth: To operate on the highways of this state a truck or truck tractor
15 without carrying in the cab a copy of the registration receipt for such
16 vehicle or without having painted or otherwise durably marked on said
17 vehicle on both sides thereof, the gross weight for which said vehicle is
18 licensed and the name and address of the owner thereof, except as pro-
19 vided in K.S.A. 8-143e, and amendments thereto.
20 Thirteenth: To operate on the highways of this state a farm trailer car-
21 rying more than 6,000 pounds without being registered and the registra-
22 tion fees paid thereon.
23 Fourteenth: To operate more than 6,000 miles in any calendar year any
24 truck or truck tractor which has been registered and licensed to operate
25 not more than 6,000 miles in such calendar year, as provided in subsection
26 (2) of K.S.A. 8-143, and amendments thereto, unless the additional fee
27 required by said subsection (2) has been paid.
28 Fifteenth: For any owner who has registered a truck or truck tractor
29 on the basis of operating not more than 6,000 miles to fail to keep the
30 records required by the director of vehicles, or to fail to comply with rules
31 and regulations of the secretary of revenue relating to such registration.
32 Sixteenth: To operate a vehicle or combination of vehicles on the na-
33 tional system of interstate and defense highways with a gross weight
34 greater than permitted by the laws of the United States Congress.
35 Sec. 2. K.S.A. 1996 Supp. 8-1,125 is hereby amended to read as fol-
36 lows: 8-1,125. (a) Any Kansas resident who submits satisfactory proof to
37 the director of vehicles, on a form provided by the director, that such
38 person is a person with a disability or is responsible for the transportation
39 of a person with a disability shall be issued a special license plate or a
40 permanent placard for any motor vehicle owned by such person or shall
41 be issued a temporary placard. Satisfactory proof of disability, condition
42 or impairment shall include a statement from a person licensed to practice
43 the healing arts
in this state, a licensed optometrist or a Christian Science
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1 practitioner listed in The Christian Science Journal certifying that such
2 person is a person with a disability.
The Any form provided by the
3 director shall contain in 10 point bold type directly above the sig-
4 nature of the licensee or practitioner, the following notice:
5 I understand that it is a violation of state law to willfully and falsely certify that
6 the above named individual is disabled due to the condition(s) checked above.
7 The placard shall be suspended immediately below the rear view mir-
8 ror of any motor vehicle used for the transportation of a person with a
9 disability so as to be maximally visible from outside the vehicle. In addi-
10 tion to the special license plate or permanent placard, the director of
11 vehicles shall issue to the person with a disability an individual identifi-
12 cation card which must be carried by the person with a disability when
13 the motor vehicle being operated by or used for the transportation of
14 such person is parked in accordance with the provisions of K.S.A. 8-1,126,
15 and amendments thereto. In addition to the temporary placard, a person
16 issued such temporary placard shall carry the state or county receipt
17 showing the name of the person who is issued such temporary placard.
18 A person submitting satisfactory proof that such person's disability, con-
19 dition or impairment is permanent in nature, and upon such person's
20 request and payment of the fees prescribed in subsections (b) and (c),
21 shall be issued a permanent placard or a permanent placard and a special
22 license plate and an individual identification card. Upon proper request,
23 one additional permanent placard shall be issued to the applicant who
24 has not requested and received a special license plate. Upon proper re-
25 quest, one additional temporary placard shall be issued to the applicant
26 certified as temporarily disabled. Temporary placards shall have an ex-
27 piration date of not longer than six months from the date of issuance. The
28 special license plates and placards shall display the international symbol
29 of access to the physically disabled.
30 (b) Special license plates issued pursuant to this section shall be is-
31 sued for the same period of time as other license plates are issued or for
32 the remainder of such period if an existing license plate is to be exchanged
33 for the special license plate. There shall be no fee for such special license
34 plates in addition to the regular registration fee. No person shall be issued
35 more than one special license plate, except that agencies or businesses
36 which provide transportation for persons with a disability as a service,
37 may obtain additional special license plates for vehicles which are utilized
38 in the provision of that service. Special license plates may be personalized
39 license plates subject to the provisions of K.S.A. 8-132, and amendments
40 thereto, including the payment of the additional fee.
41 (c) Except as otherwise provided in this section, placards and indi-
42 vidual identification cards issued pursuant to this section shall be issued
43 for such period of time as the person to whom issued continues to be a
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1 person with a disability or a person responsible for the transportation of
2 a person with a disability, except that the secretary of revenue shall make
3 a determination of continued eligibility for a special license plate or plac-
4 ard at least every three years from the original date of issuance of such
5 license plate and placard. The secretary of revenue may adopt rules and
6 regulations prescribing a fee for placards and individual identification
7 cards issued pursuant to this section, however, such fee shall not exceed
8 the actual cost of issuance thereof.
9 (d) On and after July 1, 1992, the color of the permanent placard
10 shall be white on a blue background and the temporary placard shall be
11 white on a red background.
12 (e) Permanent placards and individual identification cards shall be
13 returned to the department of revenue upon
expiration of the placard
14 and individual identification card or upon the death of the person with
15 a disability. Temporary placards shall be returned to the department of
16 revenue upon the expiration of the placard or upon the death of the
17 person with a disability. Special license plates shall be returned to the
18 county treasurer to be exchanged for another license plate upon the death
19 of the person with a disability. The individual identification cards issued
20 with the special license plates shall be returned to the department of
21 revenue upon the death of the person with a disability.
22 (f) Violation of subsection (e) is an unclassified misdemeanor punish-
23 able by a fine of not more than $50.
24 Sec. 3. K.S.A. 1996 Supp. 8-1,128 is hereby amended to read as fol-
25 lows: 8-1,128. (a) Notwithstanding the provisions of K.S.A. 8-2003, and
26 amendments thereto, each designated accessible parking space shall be
27 clearly marked by vertically mounted signs bearing the international sym-
28 bol of access. Such signs shall be displayed with the bottom of the sign
29 between 36 and 60 inches above the surface of the parking space. Each
30 sign installed on or after July 1, 1995, shall be displayed with the bottom
31 of each sign between 60 and 72 inches above the surface of each parking
32 located so they cannot be obscured by a vehicle parked in the space. that
33 they are not obscured by a vehicle parked in the space. Any existing
34 upright sign, at any height, shall be enforceable against persons not
35 displaying an accessible parking placard.
36 (b) All parking shall conform to Title II or Title III, as required by
37 the Americans with disabilities act of 1990, 42 USCA 12101 et seq. and
38 28 CFR Parts 35 and 36.
39 Sec. 4. K.S.A. 1996 Supp. 8-1,129 is hereby amended to read as fol-
40 lows: 8-1,129. (a) Except when necessary to avoid conflict with other
41 traffic, or in compliance with the law or the directions of a law enforce-
42 ment officer or official traffic-control device, no person shall:
43 (1) Stop, stand or park a vehicle, as defined in K.S.A. 8-126 and
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1 amendments thereto, in any parking space designated as accessible park-
2 ing without
having displaying in accordance with K.S.A. 8-1,125, and
3 amendments thereto, a special license plate, valid permanent placard or
4 disabled veteran license plate and without carrying an individual identi-
5 fication card, or displaying in accordance with K.S.A. 8-1,125, and
6 amendments thereto, a valid temporary placard and without carrying a
7 state or county receipt;
8 (2) stop, stand or park a vehicle so that it blocks an access entrance
9 a handicap accessible ramp [or handicap accessible curb cut]; or
10 (3) stop, stand or park a vehicle in an access aisle between or beside
11 a designated accessible parking space .; or
12 (4) deposit snow or debris in a disabled parking space or aisle.
13 (4) deposit snow, debris or any other property in a designated
14 handicap accessible parking space or aisle that obstructs or pre-
15 vents the use of such space or aisle.
16 (b) Violation of subsection (a) is an unclassified misdemeanor pun-
17 ishable by a fine of not less than $50 nor more than $100 $200.
18 (c) The provisions of subsection (a) this section shall be enforced by
19 law enforcement officers or other duly authorized municipal officers
20 on public and private property at all times.
21 Sec. 5. K.S.A. 8-1,130 is hereby amended to read as follows: 8-1,130.
22 (a) Any person who willfully and falsely represents that such person has
23 the qualifications to obtain a special license plate, a permanent placard
24 and an individual identification card or temporary placard pursuant to
25 this act shall be guilty of a class C misdemeanor.
26 (b) Any licensee of the healing arts, optometrist or Christian Science
27 practitioner who willfully and falsely certifies that a person has the qual-
28 ifications to obtain a special license plate, a permanent placard and an
29 individual identification card or temporary placard pursuant to this act
30 shall be guilty of a class C misdemeanor.
31 Sec. 6. K.S.A. 1996 Supp. 8-1,130a is hereby amended to read as
32 follows: 8-1,130a. (a) Any person who utilizes any accessible parking iden-
33 tification device which has expired or has been revoked or suspended by
34 the secretary of revenue pursuant to subsection (c) of K.S.A. 8-1,125, and
35 amendments thereto, or K.S.A. 8-1,130b, and amendments thereto, shall
36 be guilty of an unclassified misdemeanor punishable by a fine of not less
37 than $100 $300 nor more than $200 nor more than $300 $300 $600.
38 (b) Any person who utilizes any accessible parking identification de-
39 vice issued to another person, an agency or a business, to park in any
40 parking space specified in K.S.A. 8-1,126, and amendments thereto,
41 which could be utilized by a person with a disability, except when trans-
42 porting or arriving to transport a person with a disability to whom or for
43 whom the identification device was issued shall be guilty of an unclassified
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1 misdemeanor punishable by a fine of not less than
$100 $300 nor more
2 than $300 $600 $200 nor more than $300.
3 (c) Any person authorizing the use of an accessible parking identifi-
4 cation device or the use of a vehicle displaying such device to by a person
5 not authorized by law to use such device and such unauthorized person
6 is convicted under subsection (b), shall be guilty of an unclassified mis-
7 demeanor punishable by a fine of $200 if such unauthorized person is
8 convicted of a violation of subsection (b).
9 Sec. 7. K.S.A. 1996 Supp. 74-2012 is hereby amended to read as
10 follows: 74-2012. (a) All records of the division of vehicles shall be subject
11 to the provisions of the open records act except as otherwise provided
12 under the provisions of this section and by K.S.A. 1996 Supp. 74-2022,
13 and amendments thereto.
14 (b) All records of the division of vehicles relating to the following shall
15 be confidential:
16 (1) The physical or mental condition of any person, to except that the
17 name of any licensee of the healing arts, optometrist or Christian Science
18 practitioner who certifies that a person has the qualifications to obtain
19 any accessible parking identification device, under the provisions of
20 K.S.A. 8-1,124 et seq., and amendments thereto, may be disclosed to a law
21 enforcement agency;
22 (2) expungement or except as provided further,fsi;
23 (3) any photographs maintained by the division of vehicles in con-
24 nection with the issuance of drivers' licenses shall be confidential. except
25 that photographs or digital images maintained by the division of vehicles
26 in connection with the issuance of drivers' licenses shall be available to
27 law enforcement agencies for use in criminal investigations. Records of
28 the division relating tofsi; or
29 (4) diversion agreements for the purposes of K.S.A. 8-1567, 12-4415
30 and 22-2908, and amendments thereto, shall be confidential and shall be
31 disclosed by direct computer access only to:
32 (1) (A) A city, county or district attorney, for the purpose of deter-
33 mining a person's eligibility for diversion;
34 (2) (B) a municipal or district court, for the purpose of using the
35 record in connection with any matter before the court;
36 (3) (C) a law enforcement agency, for the purpose of supplying the
37 record to a person authorized to obtain it under paragraph (1) or (2) of
38 this subsection subparagraph (A) or (B) of this paragraph; or
39 (4) (D) an employer when a person is required to retain a commercial
40 driver's license due to the nature of such person's employment.
41 All other records of the division of vehicles shall be subject to the
42 provisions of the open records act except as otherwise provided by K.S.A.
43 1996 Supp. 74-2022 and amendments thereto or this section.
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(b) (c) Lists of persons' names and addresses contained in or derived
2 from records of the division of vehicles shall not be sold, given or received
3 for the purposes prohibited by K.S.A. 21-3914, and amendments thereto,
4 except that:
5 (1) The director of vehicles may provide to a requesting party, and a
6 requesting party may receive, such a list and accompanying information
7 from public records of the division upon written certification that the
8 requesting party shall use the list solely for the purpose of: (A) Assisting
9 manufacturers of motor vehicles in compiling statistical reports or in no-
10 tifying owners of vehicles believed to: (i) Have safety-related defects, (ii)
11 fail to comply with emission standards or (iii) have any defect to be rem-
12 edied at the expense of the manufacturer; (B) assisting an insurer au-
13 thorized to do business in this state, or the insurer's authorized agent, in
14 processing an application for, or renewal or cancellation of, a motor ve-
15 hicle liability insurance policy; or (C) assisting the selective service system
16 in the maintenance of a list of persons 18 to 26 years of age in this state
17 as required under the provisions of section 3 of the federal military se-
18 lective service act.
19 (2) Any law enforcement agency of this state which has access to
20 public records of the division may furnish to a requesting party, and a
21 requesting party may receive, such a list and accompanying information
22 from such records upon written certification that the requesting party
23 shall use the list solely for the purpose of assisting an insurer authorized
24 to do business in this state, or the insurer's authorized agent, in processing
25 an application for, or renewal or cancellation of, a motor vehicle liability
26 insurance policy.
27 (c) (d) If a law enforcement agency of this state furnishes information
28 to a requesting party pursuant to subsection (b)(2) paragraph (2) of sub-
29 section (c) , the law enforcement agency shall charge the fee prescribed
30 by the secretary of revenue pursuant to K.S.A. 1996 Supp. 74-2022, and
31 amendments thereto, for any copies furnished and may charge an addi-
32 tional fee to be retained by the law enforcement agency to cover its cost
33 of providing such copies. The fee prescribed pursuant to K.S.A. 1996
34 Supp. 74-2022, and amendments thereto, shall be paid monthly to the
35 secretary of revenue and upon receipt thereof shall be deposited in the
36 state treasury to the credit of the electronic databases fee fund, except
37 for the $1 of the fee for each record required to be credited to the high-
38 way patrol training center fund under subsection (e) (f).
39 (d) (e) The secretary of revenue, the secretary's agents or employees,
40 the director of vehicles or the director's agents or employees shall not be
41 liable for damages caused by any negligent or wrongful act or omission
42 of a law enforcement agency in furnishing any information obtained from
43 records of the division of vehicles.
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(e) (f) A fee in an amount fixed by the secretary of revenue pursuant
2 to K.S.A. 1996 Supp. 74-2022, and amendments thereto, of not less than
3 $2 for each request for information in the public records of the division
4 concerning any vehicle or licensed driver shall be charged by the division,
5 except that the director may charge a lesser fee pursuant to a contract
6 between the secretary of revenue and any person to whom the director
7 is authorized to furnish information under paragraph (1) of subsection
8 (b) (c), and such fee shall not be less than the cost of production or
9 reproduction of any information requested. Except for the fees charged
10 pursuant to a contract for title and registration records on vehicles au-
11 thorized by this subsection, $1 shall be credited to the highway patrol
12 training center fund for each record.
13 (f) (g) The secretary of revenue may adopt such rules and regulations
14 as are necessary to implement the provisions of this section.
15 Sec. 8 7. K.S.A. 8-1,130 and K.S.A. 1996 Supp. 8-142, 8-1,125, 8-
16 1,128, 8-1,129 , 8-1,130a and 74-2012 and 8-1,130a are hereby repealed.
17 Sec. 9 8. This act shall take effect and be in force from and after its
18 publication in the Kansas register statute book.