Bill allowing restricted driving privileges for certain individuals passes Senate

The Senate voted 38-2 to pass Senate Bill 500, an act regarding drivers’ licenses on Thursday, March 14. Sen. Rick Wilborn, a McPherson Republican, requested the bill for introduction. Sen. Tim Shallenburger (R-Cherokee County) and Sen. Mark Steffen (R-Hutchinson) were the only Senators to vote against the bill.

The 7-page bill, as amended, does a number of things including authorizing eligibility to certain individuals for restricted driving privileges, allowing individuals with restricted driving privileges to drive to pick up and drop off their children at school or child care, to and from purchasing groceries or fuel and to and from religious worship services. The bill also allows for hardship payment plans and waiver of fines.

A lot of the language in the original law made it so people had to make their payments in full, which, if you’re living paycheck to paycheck may be difficult to do. However, under this bill, people would just need to start making their payments to show they are making an effort.

For example, Section 2 of this bill, would change “failure to comply with a traffic citation” from failure to “appear before any district or municipal court in response to a traffic citation and pay in full any fine and court costs imposed” to failure to “appear before any district or municipal court in response to a traffic citation and pay any fine and court costs imposed as ordered by the court.”

According to the bill, people with restricted drivers’ licenses would be able to drive for the following purposes:

(a) In going to or returning from the person’s place of employment or schooling;

(b) in the course of the person’s employment;

(c) in going to or returning from an appointment with a healthcare provider or during a medical emergency;

(d) 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;

(e) in going to or returning from dropping off or picking up one or more children from school or child care;

(f) in going to or returning from purchasing groceries or fuel for their vehicle; and

(g) in going to or returning from any religious worship service held by a religious organization.

The bill further stipulates a person would not qualify for restricted driving privileges if “such person has been convicted for driving with a canceled, suspended or revoked license more than three times or if such person is suspended for reasons other than a failure to comply with a traffic citation at the time of application.”

It is important to note that certain violations such as driving under the influence (DUI) would not qualify a person for restricted driving privileges under this bill.

People struggling to pay “either the full amount of their original traffic fine or fines and court costs or a monthly payment from an approved hardship payment plan” would also be able to get relief under this bill. This can be done as the individual “may contact the court of jurisdiction to request a hardship waiver to offset part or all of the balance owed. The waiver shall include options for monthly installment payments and credits, or both, earned by the person doing community service and attending court approved classes, or both.”

Monthly payments would be “calculated based on all fines and fees and all anticipated costs owed within that jurisdiction and shall correspond to the person’s ability to pay. The monthly payment plan amount shall be the greater of $10 or 2% of the person’s annual net income, as of their most recent tax return, divided by 12.”

A person may also earn credit of $15 for each hour spent doing court approved community service and/or attending a court approved driving class, including an online class.

The bill now goes to the House for a vote. To read the full bill, click here.