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 9  AN ACT concerning driving under the influence; relating to a restricted
10    license; amending K.S.A. 1996 Supp. 8-1014 and 8-1015 and repealing
11    the existing sections.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 1996 Supp. 8-1014 is hereby amended to read as
15  follows: 8-1014. (a) Except as provided by subsection (d) and K.S.A. 8-
16  2,142, and amendments thereto, if a person refuses a test, the division,
17  pursuant to K.S.A. 8-1002, and amendments thereto, shall: (1) On the
18  person's first occurrence, suspend the person's driving privileges for one
19  year; and (2) on the person's second or subsequent occurrence, suspend
20  the person's driving privileges for one year, then restrict the person's
21  driving privileges as provided by subsection (c) of K.S.A. 8-1015, and
22  amendments thereto for an additional 330 days.
23    (b)  Except as provided by subsection (d) and K.S.A. 8-2,142, and
24  amendments thereto, if a person fails a test or has an alcohol or drug-
25  related conviction in this state, the division shall:
26    (1)  On the person's first occurrence, suspend the person's driving
27  privileges for 30 days, then restrict the person's driving privileges as pro-
28  vided by K.S.A. 8-1015, and amendments thereto, for an additional 330
29  days; and
30    (2)  on the person's second or a subsequent occurrence, suspend the
31  person's driving privileges for one year, then restrict the person's driving
32  privileges as provided by subsection (c) of K.S.A. 8-1015, and amendments
33  thereto for an additional 330 days.
34    (c)  Whenever the division is notified by an alcohol and drug safety
35  action program that a person has failed to complete any alcohol and drug
36  safety action education or treatment program ordered by a court for a
37  conviction of a violation of K.S.A. 8-1567, and amendments thereto, the
38  division shall suspend the person's driving privileges until the division
39  receives notice of the person's completion of such program.
40    (d)  Except as provided in K.S.A. 8-2,142, and amendments thereto,
41  if a person's driving privileges are subject to suspension pursuant to this
42  section for a test refusal, test failure or alcohol or drug-related conviction
43  arising from the same arrest, the period of such suspension shall not
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 1  exceed the longest applicable period authorized by subsection (a) or (b),
 2  and such suspension periods shall not be added together or otherwise
 3  imposed consecutively. In addition, in determining the period of such
 4  suspension as authorized by subsection (a) or (b), such person shall re-
 5  ceive credit for any period of time for which such person's driving privi-
 6  leges were suspended while awaiting any hearing or final order authorized
 7  by this act.
 8    If a person's driving privileges are subject to restriction pursuant to
 9  this section for a test failure or alcohol or drug-related conviction arising
10  from the same arrest, the restriction periods shall not be added together
11  or otherwise imposed consecutively. In addition, in determining the pe-
12  riod of restriction, the person shall receive credit for any period of sus-
13  pension imposed for a test refusal arising from the same arrest.
14    (e)  If the division has taken action under subsection (a) for a test
15  refusal or under subsection (b) for a test failure and such action is stayed
16  pursuant to K.S.A. 8-259, and amendments thereto, or if temporary driv-
17  ing privileges are issued pursuant to subsection (k) of K.S.A. 8-1002, and
18  amendments thereto, the stay or temporary driving privileges shall not
19  prevent the division from taking the action required by subsection (b) for
20  an alcohol or drug-related conviction.
21    (f)  Upon restricting a person's driving privileges pursuant to this sec-
22  tion, the division shall issue without charge a driver's license which shall
23  indicate on the face of the license that restrictions have been imposed on
24  the person's driving privileges and that a copy of the order imposing the
25  restrictions is required to be carried by the person for whom the license
26  was issued any time the person is operating a motor vehicle on the high-
27  ways of this state.
28    Sec. 2.  K.S.A. 1996 Supp. 8-1015 is hereby amended to read as fol-
29  lows: 8-1015. (a) When subsection (b)(1) of K.S.A. 8-1014, and amend-
30  ments thereto, requires or authorizes the division to place restrictions on
31  a person's driving privileges, the division shall restrict the person's driving
32  privileges to driving only under the circumstances provided by subsec-
33  tions (a)(1), (2), (3) and (4) of K.S.A. 8-292 and amendments thereto.
34    (b)  In lieu of the restrictions set out in subsection (a), the division,
35  upon request of the person whose driving privileges are to be restricted,
36  may restrict the person's driving privileges to driving only a motor vehicle
37  equipped with an ignition interlock device, approved by the division and
38  obtained, installed and maintained at the person's expense.
39    (c)  Upon a person's second or subsequent refusal of a test or convic-
40  tion for an alcohol related offense, if the person had an alcohol concen-
41  tration of .15 or more in the person's blood or breath, the convicting court
42  division shall restrict the person's driving privileges to driving only a mo-
43  tor vehicle equipped with an ignition interlock device, approved by the
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 1  division and obtained, installed and maintained at the person's expense.
 2    (d)  Upon expiration of the period of time for which restrictions are
 3  imposed pursuant to this section, the licensee may apply to the division
 4  for the return of any license previously surrendered by the licensee. If
 5  the license has expired, the person may apply to the division for a new
 6  license, which shall be issued by the division upon payment of the proper
 7  fee and satisfaction of the other conditions established by law, unless the
 8  person's driving privileges have been suspended or revoked prior to ex-
 9  piration.
10    Sec. 3.  K.S.A. 1996 Supp. 8-1014 and 8-1015 are hereby repealed.
11    Sec. 4.  This act shall take effect and be in force from and after its
12  publication in the statute book.