Kansas Statutes 8-2,158. Driver’s license, instruction permit or non-driver’s identification card emergency contact information; confidentiality; procedure
Terms Used In Kansas Statutes 8-2,158
- driver: means any person who drives, operates or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver's license;
(l) "driver's license" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:
(1) Any temporary license or instruction;
(2) the privilege of any person to drive a motor vehicle whether or not such person holds a valid license; or
(3) any nonresident's operating privilege;
(m) "employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle;
(n) "endorsement" means an authorization to an individual's commercial driver's license required to permit the individual to operate certain types of commercial motor vehicles;
(o) "felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year;
(p) "gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. See Kansas Statutes 8-2,128
- state: means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of Northern Mariana Islands;
(6) "wireless communication device" means any wireless electronic communication device that provides for voice or data communication between two or more parties, including, but not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages or a laptop computer; and
(7) "religious organization" means any organization, church, body of communicants, or group, gathered in common membership for mutual support and edification in piety, worship and religious observances, or a society of individuals united for religious purposes at a definite place and which religious organization maintains an established place of worship within this state and has a regular schedule of services or meetings at least on a weekly basis and has been determined to be organized and created as a bona fide religious organization. See Kansas Statutes 8-234a
(a) Not later than July 1, 2022, the division of vehicles shall maintain in its files a record of the name, address and telephone number of each individual that the holder of a valid driver‘s license, instruction permit or non-driver’s identification card, as provided in Kan. Stat. Ann. § 8-1324, and amendments thereto, authorizes to be contacted in the event that the holder is injured or dies in a vehicular accident or another emergency situation.
(b) (1) A record maintained by the division under subsection (a) shall be confidential and shall not be subject to the provisions of the Kansas open records act, Kan. Stat. Ann. § 45-215 et seq., and amendments thereto. The provisions of this subsection shall expire on July 1, 2026, unless the legislature reviews and reenacts this provision pursuant to Kan. Stat. Ann. § 45-229, and amendments thereto, prior to July 1, 2026.
(2) Upon request, such record may be disclosed only:
(A) To a law enforcement officer, as defined by Kan. Stat. Ann. § 74-5602, and amendments thereto, in this or another state; and
(B) for the purpose, as applicable, of making contact with a named individual to report the injury to or death of the holder of the driver’s license, instruction permit or non-driver’s identification card.
(c) An application for an original, renewal or duplicate driver’s license, instruction permit or non-driver’s identification card shall:
(1) Be designed to allow, but not require, the applicant to provide the name, address and telephone number of not more than two individuals to be contacted if the applicant is injured or dies in a circumstance described by subsection (a); and
(2) include a statement that describes the confidential nature of the information and states that, by providing the division with the information, the applicant consents to the limited disclosure and use of the information.
(d) The division shall establish and maintain on the division’s website forms and procedures that the holder of a driver’s license, instruction permit or non-driver’s identification card may use to request that the division:
(1) Add specific emergency contact information described in subsection (a) to the appropriate file maintained by the division; or
(2) amend or delete emergency contact information the holder previously provided to the division.
(e) The forms and procedures established and maintained under subsection (d) shall:
(1) Comply with the requirements of subsection (c); and
(2) allow the holder of a driver’s license, instruction permit or non-driver’s identification card, or an authorized agent of such holder, to add, amend or delete information described by subsection (d) by either:
(A) Submitting an electronic form on the division’s website; or
(B) delivering or mailing a paper form to the division.
(f) Subsection (b) shall not prohibit the division from disclosing information to the holder of a driver’s license, instruction permit or non-driver’s identification card, or such holder’s authorized agent, or as otherwise provided in Kan. Stat. Ann. § 74-2012, and amendments thereto.