Session Law

Identifying Information:L. 2001 ch. 112
Other Identifying Information:2001 Senate Bill 56
Tax Type:Vehicles
Brief Description:An Act relating to motor vehicles; concerning the operation and registration thereof; amending K.S.A. 8-258 and 8-285 and K.S.A. 2000 Supp. 8-262 and repealing the ex- isting sections.
Keywords:


Body:

CHAPTER 112

SENATE BILL No. 56


An Act relating to motor vehicles; concerning the operation and registration thereof;

amending K.S.A. 8-258 and 8-285 and K.S.A. 2000 Supp. 8-262 and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) Whenever a nonresident or a person who is un-

licensed is convicted of any offense or is subject to a juvenile adjudication

or an order of the division which would require the revocation or sus-

pension of such person's driving privileges, if the person had been issued

a driver's license by the division, such nonresident's privilege to operate

a motor vehicle in this state or such unlicensed person's privilege of ob-

taining a driver's license issued by the division shall be revoked or sus-

pended. Such revocation or suspension shall be for a period of time equal

to the period of time that the driver's license of a licensed driver would

be revoked or suspended. If the driving privileges of a licensed driver

would be restricted by a court or the division, the driving privileges of a

nonresident shall be restricted in the same manner. If the driving privi-

leges of a licensed driver would be restricted by a court or the division,

an unlicensed driver shall be eligible to apply for a driver's license during

the period of restriction, but any license issued shall be subject to the

same restrictions which would apply to a licensed driver.

(b) The division is hereby authorized to create a record with an iden-

tifying number and other identifying information, including address and

date of birth, if known, for any nonresident or unlicensed driver subject

to subsection (a). Such record shall include information showing any rev-

ocation, suspension or restriction entered under subsection (a) and the

reason for such action in the same manner that records are maintained

for licensed drivers, pursuant to K.S.A. 8-249, and amendments thereto.

If any such person becomes a licensed driver, the information contained

in such record shall be included in the person's driving record maintained

by the division.

(c) The purpose of this section is to make nonresident and unlicensed

drivers subject to the same driving sanctions as licensed residents.

(d) This section shall be part of and supplemental to the motor ve-

hicle drivers' license act, article 2 of chapter 8 of the Kansas Statutes

Annotated, and amendments thereto.

New Sec. 2. (a) On and after January 1, 2002, any owner or lessee

of one or more passenger vehicles or trucks registered for a gross weight

of 20,000 pounds or less, who is a resident of Kansas, upon compliance

with the provisions of this section, may be issued one Ancient Arabic

Order, Nobles of the Mystic Shrine of North America (Shriners) license

plate for each such passenger vehicle or truck. Such license plates shall

be issued for the same time as other license plates upon proper registra-

tion and payment of the regular license fee as provided in K.S.A. 8-143,

and amendments thereto, and the presentation of the annual logo use

authorization statement provided for in subsection (b).

(b) The shrine temple to which the person is a member in good stand-

ing may authorize the use of their logo to be affixed on license plates as

provided by this section. Any royalty payment received pursuant to this

section shall be paid to the shrine temple and shall be used to support

the shriners hospitals for children. Any motor vehicle owner or lessee

annually may apply to the shrine temple for the use of such logo. Upon

annual application and payment to the shrine temple in an amount of not

less than $25 nor more than $100 as a logo use royalty payment for each

license plate to be issued, the shrine temple shall issue to the motor

vehicle owner or lessee, without further charge, a logo use authorization

statement, which shall be presented by the motor vehicle owner or lessee

at the time of registration.

(c) Any applicant for a license plate authorized by this section may

make application for such plates not less than 60 days prior to such per-

son's renewal of registration date, on a form prescribed and furnished by

the director of vehicles, and any applicant for such license plates shall

provide the annual logo use authorization statement provided for in sub-

section (b). Application for registration of a passenger vehicle or truck

and issuance of the license plate under this section shall be made by the

owner or lessee in a manner prescribed by the director of vehicles upon

forms furnished by the director.

(d) No registration or license plate issued under this section shall be

transferable to any other person.

(e) Renewals of registration under this section shall be made an-

nually, upon payment of the fee prescribed in subsection (a), in the man-

ner prescribed in subsection (b) of K.S.A. 8-132, and amendments

thereto. No renewal of registration shall be made to any applicant until

such applicant provides the annual logo use authorization statement pro-

vided for in subsection (b). If such logo use authorization statement is

not presented at the time of registration, the applicant shall be required

to comply with K.S.A. 8-143, and amendments thereto, and return the

license plate to the county treasurer of such person's residence.

(f) The shrine temples of Kansas shall:

(1) Pay the initial cost of silk-screening for license plates authorized

by this section; and

(2) provide to all county treasurers a toll-free telephone number

where applicants can call the shrine temples for information concerning

the application process or the status of their license plate application.

(g) The shrine temples of Kansas, with the approval of the director

of vehicles and subject to the availability of materials and equipment, shall

design a plate to be issued under the provisions of this section.

Sec. 3. K.S.A. 8-258 is hereby amended to read as follows: 8-258.

Any resident or nonresident, whose license to operate a motor vehicle in

this state has been suspended or revoked as provided in this act or whose

privilege to obtain a driver's license has been suspended or revoked pur-

suant to section 1, and amendments thereto, shall not operate a motor

vehicle in this state under a license, permit, or registration certificate

issued by any other jurisdiction or otherwise during such suspension or

after such revocation until a new license is obtained when and as per-

mitted under this act.

Sec. 4. K.S.A. 2000 Supp. 8-262 is hereby amended to read as fol-

lows: 8-262. (a) (1) Any person who drives a motor vehicle on any highway

of this state at a time when such person's privilege so to do is canceled,

suspended or revoked or while such person's privilege to obtain a driver's

license is suspended or revoked pursuant to section 1, and amendments

thereto, shall be guilty of a: (A) Class B nonperson misdemeanor on the

first conviction; and (B) class A nonperson misdemeanor on the second

conviction or subsequent conviction.

(2) No person shall be convicted under this section if such person

was entitled at the time of arrest under K.S.A. 8-257, and amendments

thereto, to the return of such person's driver's license or was, at the time

of arrest, eligible under K.S.A. 8-256, and amendments thereto, to apply

for a new license to operate a motor vehicle.

(3) Except as otherwise provided by subsection (a)(4), every person

convicted under this section shall be sentenced to at least five days' im-

prisonment and fined at least $100 and upon a second or subsequent

conviction shall not be eligible for parole until completion of five days'

imprisonment.

(4) If a person: (A) Is convicted of a violation of this section, com-

mitted while the person's privilege to drive or privilege to obtain a driver's

license was suspended or revoked for a violation of K.S.A. 8-1567, and

amendments thereto, or any ordinance of any city or a law of another

state, which ordinance or law prohibits the acts prohibited by that statute,;

and (B) is or has been also convicted of a violation of K.S.A. 8-1567, and

amendments thereto, or of a municipal ordinance or law of another state,

which ordinance or law prohibits the acts prohibited by that statute, com-

mitted while the person's privilege to drive or privilege to obtain a driver's

license was so suspended or revoked, the person shall not be eligible for

suspension of sentence, probation or parole until the person has served

at least 90 days' imprisonment, and any fine imposed on such person shall

be in addition to such a term of imprisonment.

(b) The division, upon receiving a record of the conviction of any

person under this section, or any ordinance of any city or a law of another

state which is in substantial conformity with this section, upon a charge

of driving a vehicle while the license of such person is revoked or sus-

pended, shall extend the period of such suspension or revocation for an

additional period of 90 days.

(c) In addition to extension of the period of suspension or revocation

under subsection (b), if the conviction is for a violation committed after

June 30, 1994, and before July 1, 1996, and committed while the person's

driving privileges are suspended pursuant to K.S.A. 8-1014, and amend-

ments thereto, the division, upon completion of the extended period of

suspension, shall restrict the person's driving privileges for an additional

120 days to driving only a motor vehicle equipped with an ignition inter-

lock device, as defined by K.S.A. 8-1013, and amendments thereto, ap-

proved by the division and obtained, installed and maintained at the per-

son's expense.

On or before February 1, 1996, the division shall report to the legis-

lature regarding the use of the provisions of this subsection and making

recommendations concerning continuation or modification of such pro-

visions.

(d) For the purposes of determining whether a conviction is a first,

second or subsequent conviction in sentencing under this section, ``con-

viction'' includes a conviction of a violation of any ordinance of any city

or a law of another state which is in substantial conformity with this sec-

tion.

Sec. 5. K.S.A. 8-285 is hereby amended to read as follows: 8-285.

Except as otherwise provided in this section, as used in this act, the words

and phrases defined in K.S.A. 8-234a, and amendments thereto, shall

have the meanings ascribed to them therein. The term ``habitual violator''

means any resident or nonresident person who, within the immediately

preceding five years, has been convicted in this or any other state:

(a) Three or more times of:

(1) Vehicular homicide, as defined by K.S.A. 21-3405, and amend-

ments thereto, or as prohibited by any ordinance of any city in this state

or any law of another state which is in substantial conformity with that

statute;

(2) violating K.S.A. 8-1567, and amendments thereto, or violating an

ordinance of any city in this state or any law of another state, which

ordinance or law declares to be unlawful the acts prohibited by that stat-

ute;

(3) driving while the privilege to operate a motor vehicle on the public

highways of this state has been canceled, suspended or revoked, as pro-

hibited by K.S.A. 8-262, and amendments thereto, or while such person's

privilege to obtain a driver's license is suspended or revoked pursuant to

section 1, and amendments thereto, or, as prohibited by any ordinance of

any city in this state or any law of another state which is in substantial

conformity with that statute those statutes;

(4) perjury resulting from a violation of K.S.A. 8-261a, and amend-

ments thereto, or resulting from the violation of a law of another state

which is in substantial conformity with that statute;

(5) violating the provisions of the fifth clause of K.S.A. 8-142, and

amendments thereto, relating to fraudulent applications, or violating the

provisions of a law of another state which is in substantial conformity with

that statute;

(6) any crime punishable as a felony, if a motor vehicle was used in

the perpetration of the crime;

(7) failing to stop at the scene of an accident and perform the duties

required by K.S.A. 8-1602 through 8-1604, and amendments thereto, or

required by any ordinance of any city in this state or a law of another

state which is in substantial conformity with those statutes; or

(8) violating the provisions of K.S.A. 40-3104, and amendments

thereto, relating to motor vehicle liability insurance coverage or an or-

dinance of any city in this state, which is in substantial conformity with

such statute.

(b) Three or more times, either singly or in combination, of any of

the offenses enumerated in subsection (a).

For the purpose of subsection (a)(2), in addition to the definition of

``conviction'' otherwise provided by law, conviction includes, but is not

limited to, a diversion agreement entered into in lieu of further criminal

proceedings, or a plea of nolo contendere, on a complaint, indictment,

information, citation or notice to appear alleging a violation of K.S.A. 8-

1567, and amendments thereto, or an ordinance of a city in this state or

law of another state, which ordinance or law prohibits the acts prohibited

by that statute.

Sec. 6. K.S.A. 8-258 and 8-285 and K.S.A. 2000 Supp. 8-262 are

hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved April 16, 2000.

Published in the Kansas Register April 26, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001