Key Points:
- Kansas passed SB500 to make it easier for drivers to drive legally.
- Drivers who don’t pay fines within 30 days will have their licenses restricted.
- Courts must offer waivers, reductions, and payment plans for fees, fines, and costs.
The Kansas Legislature just passed State Bill 500 to make it easier for some drivers with a suspended or revoked license to drive again legally. But the new changes do not go into effect until Jan. 1, 2025.
After that date, drivers who have not paid their traffic fines and court costs within 30 days will automatically have their license restricted versus suspended by the court and the Kansas Dept. of Revenue’s Division of Vehicles (DOV).
That’s a big change from the state’s previous approach that immediately suspended individuals’ driver’s licenses and gave them little time to make arrangements or pay their fines and fees.
In addition, the bill requires all courts to offer waiver, reduction of fees, fines and court costs, and allow for payment plans for those fees, fines, and costs. So if an individual doesn’t have the money to pay the fine in full, as long as they reach a payment agreement with the court and stick to the plan, their license will not be suspended.
In addition, the law allows individuals to petition the court to waive a portion of their fine or costs. By the law, the clerks of the district and municipal courts must make forms available for individuals to make this request.
Individuals who fail to make payment arrangements or pay their fines within the first 30 days, have an additional 60 days to reach a payment agreement or pay their fine before their license is suspended. If the individual takes those steps within those 60 days, their full driver’s license status is “restored.”
“This, to me, is the most important bill we’re going to pass this session,” said Sen. Oletha Faust-Goudeau. “This was truly a bi-partisan effort. A lot of the major changes happened because of law enforcement, who this year finally stepped up and worked with us on the implementation of some real and positive change we had been hoping for years.”
According to SB500, the option for automatic restriction versus suspension of an individual’s license only applies to individuals who have no more than three convictions for driving on a canceled, suspended, or revoked license. The option also is not available to individuals whose licenses were suspended for reasons other than “failure to comply” i.e. pay their fines.
Restricted License
While this process is much more driver-friendly, individuals must recognize that if they didn’t pay their ticket in the first 30 days, their license status is restricted. Currently, individuals with restricted licenses are limited to driving for the following permissible activities:
• To and from work and school
• To and from drug or alcohol counseling
• To and from an appointment with a healthcare provider or during a medical emergency
• In the course of your employment
• Any place you are required to go by a court
Effective Jan. 1, 2025, the new law adds these to the list of permissible activities for drivers with a suspended license:
• Transporting children to and from school
• Purchasing groceries or fuel
• Attending religious worship services
Currently Restricted or Suspended
Kansas Legal Services estimates more than 200,000 Kansans have suspended licenses.
It’s how the bill handles these individuals that Sheila Officer, chair of the Wichita Racial Profiling Commission, says she’s not certain about.
Officer and members of the commission have been working on revisions to the state’s policies on driver’s license suspensions and revocations for years, and while they’re pleased with the positive changes they’re clear on, they’re still concerned about what’s in the final version of the bill and how it will be implemented.
“The wording is very confusing,” says Officer.
The Community Voice team presented a request to the Division of Vehicles for clarification on several areas of the bill we found confusing, but as of press time, we haven’t received further clarification.
Faust-Goudeau and members of the Racial Profiling Commission had a list of changes they had hoped to see in the bill: some of them are in it for sure, others they’re not certain about.
One change definitely made is that individuals whose licenses were suspended would no longer have to pay a $100 reinstatement fee for each charge associated with the citation the individual did not pay. Now they only have to pay one $100 reinstatement fee.
Another positive change that appears to be in the bill for individuals with existing suspended and revoked licenses is that tickets older than five years are no longer considered in the determination of suspension or restriction of driving privileges. For that reason, an individual with all their tickets older than five years should automatically become eligible to have their licenses reinstated.
The law requires the DOV to notify suspended or restricted individuals that they could be eligible for their driving privileges to be restored.
In a move advocates had most hoped for, the bill authorizes an individual whose license is revoked for driving while the person’s driving privilege was canceled, suspended, or revoked only for failure to comply, to apply for a restricted license. How long these restricted licenses are good for, isn’t very clear, says Officer.
Under existing law, licenses were revoked for a period of three years.
“That may have possibly been removed,” says Officer. “We’re also not clear how long the restricted license is good for. There’s a lot to consider, especially with tickets older than five years being removed from consideration.”
Both The Community Voice and the Racial Profile Commission are planning events to further clarify what’s in the law and how it will work, particularly for individuals who currently have suspended or restricted licenses.
The Community Voice is planning a free webinar for Sat., May 11 with expert panelists. I will be a free online webinar with a panel of experts who were involved in drafting and/or the passage of the bill. Go to https://myvoicetix.com/e/kansas-senate-bill-500-webinar-2 to register.
The Racial Profiling Commission is planning a community meeting in August.
For individuals who have their licenses currently suspended, Officer says, don’t wait, you may already qualify for a restricted license.
However, until Jan. 1, 2025, individuals with revoked licenses are still not eligible for a restricted license.
Faust-Goudeau says, not and in the future, just don’t throw your ticket in the back seat and hope it goes away.
“I want to suggest to people that as soon as you get a ticket, call the number at the bottom of the ticket and set up payment arrangements,” says Faust-Goudeau. “I also want to encourage people to utilize measures we have in law right now. They can go to a walk-in docket, get their fines reduced, and [maybe] do some community service in lieu of paying [their fine].”
