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12  AN ACT concerning driving under the influence [alcohol or drugs];
13    relating to refusal to submit to a preliminary breath test; amending
14    [concerning boating under the influence providing certain pen-
15    alties; amending K.S.A. 32-1131 and 32-1134 and] K.S.A. 1996
16    Supp. 8-1012 and 8-2118 and repealing the existing sections.
17
18  Be it enacted by the Legislature of the State of Kansas:
19    Section 1.  K.S.A. 1996 Supp. 8-1012 is hereby amended to read as
20  follows: 8-1012. A law enforcement officer may request a person who is
21  operating or attempting to operate a vehicle within this state to submit
22  to a preliminary screening test of the person's breath to determine the
23  alcohol concentration of the person's breath if the officer has reasonable
24  grounds to believe that the person: (a) Has alcohol in the person's body;
25    (b) has committed a traffic infraction; or (c) has been involved in a vehicle
26  accident or collision. At the time the test is requested, the person shall
27  be given oral notice that: (1) There is no right to consult with an attorney
28  regarding whether to submit to testing; (2) refusal to submit to testing is
29  a traffic infraction class C misdemeanor; and (3) further testing may be
30  required after the preliminary screening test. Failure to provide the notice
31  shall not be an issue or defense in any action. The law enforcement officer
32  then shall request the person to submit to the test. Refusal to take and
33  complete the test as requested is a traffic infraction class C misdemeanor.
34  If the person submits to the test, the results shall be used for the purpose
35  of assisting law enforcement officers in determining whether an arrest
36  should be made and whether to request the tests authorized by K.S.A. 8-
37  1001 and amendments thereto. A law enforcement officer may arrest a
38  person based in whole or in part upon the results of a preliminary screen-
39  ing test. Such results shall not be admissible in any civil or criminal action
40  except to aid the court or hearing officer in determining a challenge to
41  the validity of the arrest or the validity of the request to submit to a test
42  pursuant to K.S.A. 8-1001 and amendments thereto. Following the pre-
43  liminary screening test, additional tests may be requested pursuant to
SB 174--Am. by H
                                     

 1  K.S.A. 8-1001 and amendments thereto.
 2    Sec. 2. Section 1.  K.S.A. 1996 Supp. 8-2118 is hereby amended to
 3  read as follows: 8-2118. (a) A person charged with a traffic infraction shall,
 4  except as provided in subsection (b), appear at the place and time spec-
 5  ified in the notice to appear. If the person enters an appearance, waives
 6  right to trial, pleads guilty or no contest, the fine shall be no greater than
 7  that specified in the uniform fine schedule in subsection (c) and court
 8  costs shall be taxed as provided by law.
 9    (b)  Prior to the time specified in the notice to appear, a person
10  charged with a traffic infraction may enter a written appearance, waive
11  right to trial, plead guilty or no contest and pay the fine for the violation
12  as specified in the uniform fine schedule in subsection (c) and court costs
13  provided by law. Payment may be made by mail or in person and may be
14  by personal check. The traffic citation shall not have been complied with
15  if a check is not honored for any reason, or if the fine and court costs are
16  not paid in full. When a person charged with a traffic infraction makes
17  payment without executing a written waiver of right to trial and plea of
18  guilty or no contest, the payment shall be deemed such an appearance,
19  waiver of right to trial and plea of no contest.
20    (c)  The following uniform fine schedule shall apply uniformly
21  throughout the state but shall not limit the fine which may be imposed
22  following a court appearance, except an appearance made for the purpose
23  of pleading and payment as permitted by subsection (a). The description
24  of offense contained in the following uniform fine schedule is for refer-
25  ence only and is not a legal definition.
26  Description of Offense                                        Statute               Fine
27  [u888]Refusal to submit to a preliminary breath test8-1012$30
28  [u888]Refusal to submit to a preliminary breath test8-1012$50
29  [u888]Unsafe speed for prevailing conditions8-1557$20
30  [u888]Exceeding maximum speed limit; or speeding in zone
31  posted by the state department of transportation;
32  or speeding in locally posted zone8-1558to8-15608-1560aor8-1560b[nt1-10 mph over the limit, $10;11-20 mph over the
     limit, $10 plus $2 per mph over 10 mph over the limit;21-30 mph over the limit, $30 plus $3 per mph over 20 mph over
     the limit;
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 1                                                                31 and more mph over the limit, $60 plus $5 per mph
     over 30 mph over the limit;
 2  [u888]Disobeying traffic control device8-1507$20
 3  [u888]Violating traffic control signal8-1508$20
 4  [u888]Violating pedestrian control signal8-1509$10
 5  [u888]Violating flashing traffic signals8-1510$20
 6  [u888]Violating lane-control signal8-1511$20
 7  [u888]Unauthorized sign, signal, marking or device8-1512$10
 8  [u888]Driving on left side of roadway8-1514$20
 9  [u888]Failure to keep right to pass oncoming vehicle8-1515$20
10  [u888]Improper passing; increasing speed when passed8-1516$20
11  [u888]Improper passing on right8-1517$20
12  [u888]Passing on left with insufficient clearance8-1518$20
13  [u888]Driving on left side where curve, grade, intersection
14  railroad crossing, or obstructed view8-1519$20
15  [u888]Driving on left in no-passing zone8-1520$20
16  [u888]Driving wrong direction on one-way road8-1521$20
17  [u888]Improper driving on laned roadway8-1522$20
18  [u888]Following too close8-1523$20
19  [u888]Improper crossover on divided highway8-1524$10
20  [u888]Failure to yield right-of-way at uncontrolled
21  intersection8-1526$20
22  [u888]Failure to yield to approaching vehicle when turning
23  left8-1527$20
24  [u888]Failure to yield at stop or yield sign8-1528$20
25  [u888]Failure to yield from private road or driveway8-1529$20
26  [u888]Failure to yield to emergency vehicle8-1530$30
27  [u888]Failure to yield to pedestrian or vehicle working on
28  roadway8-1531$10
29  [u888]Failure to comply with restrictions in road
30  construction zone8-1531a$10
31  [u888]Disobeying pedestrian traffic control device8-1532$10
32  [u888]Failure to yield to pedestrian in crosswalk; pedestrian
33  suddenly entering roadway; passing vehicle
34  stopped for pedestrian at crosswalk8-1533$20
35  [u888]Improper pedestrian crossing8-1534$10
36  [u888]Failure to exercise due care in regard to pedestrian8-1535$10
37  [u888]Improper pedestrian movement in crosswalk8-1536$10
38  [u888]Improper use of roadway by pedestrian8-1537$10
39  [u888]Soliciting ride or business on roadway8-1538$10
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 1  [u888]Driving through safety zone8-1539$10
 2  [u888]Failure to yield to pedestrian on sidewalk8-1540$10
 3  [u888]Failure of pedestrian to yield to emergency vehicle8-1541$10
 4  [u888]Failure to yield to blind pedestrian8-1542$10
 5  [u888]Pedestrian disobeying bridge or railroad signal8-1544$10
 6  [u888]Improper turn or approach8-1545$20
 7  [u888]Improper ``U'' turn8-1546$20
 8  [u888]Unsafe starting of stopped vehicle8-1547$10
 9  [u888]Unsafe turning or stopping, failure to give proper
10  signal; using turn signal unlawfully8-1548$20
11  [u888]Improper method of giving notice of intention to turn8-1549$10
12  [u888]Improper hand signal8-1550$10
13  [u888]Failure to stop or obey railroad crossing signal8-1551$60
14  [u888]Failure to stop at railroad crossing stop sign8-1552$40
15  [u888]Certain hazardous vehicles failure to stop at railroad
16  crossing8-1553$60
17  [u888]Improper moving of heavy equipment at railroad
18  crossing8-1554$20
19  [u888]Vehicle emerging from alley, private roadway,
20  building or driveway8-1555$20
21  [u888]Improper passing of school bus; improper use of
22  school bus signals8-1556$60
23  [u888]Improper passing of church or day-care bus;
24  improper use of signals8-1556a$60
25  [u888]Impeding normal traffic by slow speed8-1561$10
26  [u888]Speeding on motor-driven cycle8-1562$20
27  [u888]Speeding in certain vehicles or on posted bridge8-1563$10
28  [u888]Improper stopping, standing or parking on roadway8-1569$10
29  [u888]Parking, standing or stopping in prohibited area8-1571$10
30  [u888]Improper parking8-1572$10
31  [u888]Unattended vehicle8-1573$10
32  [u888]Improper backing8-1574$10
33  [u888]Driving on sidewalk8-1575$10
34  [u888]Driving with view or driving mechanism obstructed8-1576$10
35  [u888]Unsafe opening of vehicle door8-1577$10
36  [u888]Riding in house trailer8-1578$10
37  [u888]Improper driving in defiles, canyons, or on grades8-1579$10
38  [u888]Coasting8-1580$10
39  [u888]Following fire apparatus too closely8-1581$20
40  [u888]Driving over fire hose8-1582$10
41  [u888]Putting glass, etc., on highway8-1583$30
42  [u888]Driving into intersection, crosswalk, or crossing
43  without sufficient space on other side8-1584$10
SB 174--Am. by H
                                     

 1  [u888]Improper operation of snowmobile on highway8-1585$10
 2  [u888]Parental responsibility of child riding bicycle8-1586$10
 3  [u888]Not riding on bicycle seat; too many persons on
 4  bicycle8-1588$10
 5  [u888]Clinging to other vehicle8-1589$10
 6  [u888]Improper riding of bicycle on roadway8-1590$10
 7  [u888]Carrying articles on bicycle; one hand on handlebars8-1591$10
 8  [u888]Improper bicycle lamps, brakes or reflectors8-1592$10
 9  [u888]Improper operation of motorcycle; seats; passengers,
10  bundles8-1594$10
11  [u888]Improper operation of motorcycle on laned roadway8-1595$20
12  [u888]Motorcycle clinging to other vehicle8-1596$10
13  [u888]Improper motorcycle handlebars or passenger
14  equipment8-1597$20
15  [u888]Motorcycle helmet and eye-protection requirements8-1598$10
16  [u888]Unlawful riding on vehicle8-1578a$20
17  [u888]Unlawful operation of all-terrain vehicle8-15,100$20
18  [u888]Equipment offenses that are not misdemeanors8-1701$20
19  [u888]Driving without lights when needed8-1703$20
20  [u888]Defective headlamps8-1705$10
21  [u888]Defective tail lamps8-1706$10
22  [u888]Defective reflector8-1707$10
23  [u888]Improper stop lamp or turn signal8-1708$10
24  [u888]Improper lighting equipment on certain vehicles8-1710$10
25  [u888]Improper lamp color on certain vehicles8-1711$10
26  [u888]Improper mounting of reflectors and lamps on certain
27  vehicles8-1712$10
28  [u888]Improper visibility of reflectors and lamps on certain
29  vehicles8-1713$10
30  [u888]No lamp or flag on projecting load8-1715$20
31  [u888]Improper lamps on parked vehicle8-1716$10
32  [u888]Improper lights, lamps, reflectors and emblems on
33  farm tractors or slow-moving vehicles8-1717$10
34  [u888]Improper lamps and equipment on implements of
35  husbandry, road machinery or animal-drawn
36  vehicles8-1718$10
37  [u888]Unlawful use of spot, fog, or auxiliary lamp8-1719$10
38  [u888]Improper lamps or lights on emergency vehicle8-1720$10
39  [u888]Improper stop or turn signal8-1721$10
40  [u888]Improper vehicular hazard warning lamp8-1722$10
41  [u888]Unauthorized additional lighting equipment8-1723$10
42  [u888]Improper multiple-beam lights8-1724$10
43  [u888]Failure to dim headlights8-1725$20
SB 174--Am. by H
                                     

 1  [u888]Improper single-beam headlights8-1726$10
 2  [u888]Improper speed with alternate lighting8-1727$10
 3  [u888]Improper number of driving lamps8-1728$10
 4  [u888]Unauthorized lights and signals8-1729$10
 5  [u888]Improper school bus lighting equipment and warning
 6  devices8-1730$10
 7  [u888]Unauthorized lights and devices on church or day-
 8  care bus8-1730a$10
 9  [u888]Improper lights on highway construction or
10  maintenance vehicles8-1731$10
11  [u888]Defective brakes8-1734$10
12  [u888]Defective or improper use of horn or warning device8-1738$10
13  [u888]Defective muffler8-1739$10
14  [u888]Defective mirror8-1740$10
15  [u888]Defective wipers; obstructed windshield or windows8-1741$10
16  [u888]Improper tires8-1742$10
17  [u888]Improper flares or warning devices8-1744$10
18  [u888]Improper use of vehicular hazard warning lamps and
19  devices8-1745$10
20  [u888]Improper air-conditioning equipment8-1747$10
21  [u888]TV screen visible to driver8-1748$10
22  [u888]Improper safety belt or shoulder harness8-1749$10
23  [u888]Improper wide-based single tires8-1742b$20
24  [u888]Defective motorcycle headlamp8-1801$10
25  [u888]Defective motorcycle tail lamp8-1802$10
26  [u888]Defective motorcycle reflector8-1803$10
27  [u888]Defective motorcycle stop lamps and turn signals8-1804$10
28  [u888]Defective multiple-beam lighting8-1805$10
29  [u888]Improper road-lighting equipment on motor-driven
30  cycles8-1806$10
31  [u888]Defective motorcycle or motor-driven cycle brakes8-1807$10
32  [u888]Improper performance ability of brakes8-1808$10
33  [u888]Operating motorcycle with disapproved braking
34  system8-1809$10
35  [u888]Defective horn, muffler, mirrors or tires8-1810$10
36                                   [u888]Unlawful statehouse parking75-4510a$ 5
37    (d)  Traffic offenses classified as traffic infractions by this section shall
38  be classified as ordinance traffic infractions by those cities adopting
39  ordinances prohibiting the same offenses. A schedule of fines for all
40  ordinance traffic infractions shall be established by the municipal judge
41  in the manner prescribed by K.S.A. 12-4305 and amendments thereto.
42  Such fines may vary from those contained in the uniform fine schedule
43  contained in subsection (c).
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 1    (e)  Fines listed in the uniform fine schedule contained in subsection
 2    (c) shall be doubled if a person is convicted of a traffic infraction, which
 3  is defined as a moving violation in accordance with rules and regulations
 4  adopted pursuant to K.S.A. 8-249, and amendments thereto, committed
 5  within any road construction zone as defined in K.S.A. 1996 Supp. 8-
 6  1458a, and amendments thereto.
 7    [Sec. 3. 2.  K.S.A. 32-1131 is hereby amended to read as follows:
 8  32-1131. (a) No person shall operate or attempt to operate any
 9  vessel within this state while:
10    [(1)  The alcohol concentration in the person's blood or breath,
11  at the time or within two hours after the person operated or
12  attempted to operate the vessel, is .08 or more;
13    [(2)  the alcohol concentration in the person's blood or breath, at the
14  time or within two hours after the person operated or attempted to operate
15  the vessel is .02 or more and the person is less than 21 years of age;
16    [(3)  under the influence of alcohol;
17    [(3) (4)  under the influence of any drug or combination of drugs
18  to a degree that renders the person incapable of safely operating a
19  vessel; or
20    [(4) (5)  under the influence of a combination of alcohol and any
21  drug or drugs to a degree that renders the person incapable of safely
22  operating a vessel.
23    [(b)  No person shall operate or attempt to operate any vessel
24  within this state if the person is a habitual user of any narcotic,
25  hypnotic, somnifacient or stimulating drug.
26    [(c)  If a person is charged with a violation of this section
27  involving drugs, the fact that the person is or has been entitled to
28  use the drug under the laws of this state shall not constitute a
29  defense against the charge.
30    [(d)  No person shall operate or attempt to operate any vessel
31  within this state for three months after the date of refusal of
32  submitting to a test if such person refuses to submit to a test
33  pursuant to K.S.A. 32-1132, and amendments thereto.
34    [(e)  Violation of this section is a misdemeanor punishable:
35    [(1)  On the first conviction, by imprisonment of not more than
36  one year or a fine of not less than $100 nor more than $500, or both;
37  and
38    [(2)  on the second or a subsequent conviction, by imprisonment
39  for not less than 90 days nor more than one year and, in the court's
40  discretion, a fine not exceeding of not less than $100 nor more than
41  $500.
42    [(f)  In addition to any other penalties prescribed by law or rule
43  and regulation, any person convicted of a violation of this section
SB 174--Am. by H
                                     

 1  shall be required to satisfactorily complete a boater safety education
 2  course of instruction approved by the secretary before such person
 3  subsequently operates or attempts to operate any vessel.
 4    [Sec. 4. 3.  K.S.A. 32-1134 is hereby amended to read as follows:
 5  32-1134. In any criminal prosecution for violation of the laws of
 6  this state relating to operating or attempting to operate a vessel
 7  while under the influence of alcohol or drugs, or both, or the
 8  commission of manslaughter while under the influence of alcohol
 9  or drugs, or both, or in any prosecution for a violation of a city
10  ordinance relating to the operation or attempted operation of a
11  vessel while under the influence of alcohol or drugs, or both,
12  evidence of the concentration of alcohol or drugs in the defendant's
13  blood, urine, breath or other bodily substance may be admitted and
14  shall give rise to the following:
15    [(a)  If the alcohol concentration is less than .10 .08, that fact
16  may be considered with other competent evidence to determine if
17  the defendant was under the influence of alcohol, or both alcohol
18  and drugs.
19    [(b)  If the alcohol concentration is .10 .08 or more, it shall be
20  prima facie evidence that the defendant was under the influence of
21  alcohol to a degree that renders the person incapable of safely
22  operating a vessel.
23    [(c)  If there was present in the defendant's bodily substance any
24  narcotic, hypnotic, somnifacient, stimulating or other drug which
25  has the capacity to render the defendant incapable of safely
26  operating a vessel, that fact may be considered to determine if the
27  defendant was under the influence of drugs, or both alcohol and
28  drugs, to a degree that renders the defendant incapable of safely
29  operating a vessel.
30    [New Sec. 5. 4.  A law enforcement officer may request a person
31  who is operating or attempting to operate a vessel within this state
32  to submit to a preliminary screening test of the person's breath to
33  determine the alcohol concentration of the person's breath if the
34  officer has reasonable grounds to believe that the person: (a) Has
35  alcohol in the person's body; (b) has committed a boating law
36  violation; or (c) has been involved in a vessel accident or collision.
37  At the time the test is requested, the person shall be given oral notice
38  that: (1) There is no right to consult with an attorney regarding
39  whether to submit to testing; (2) refusal to submit to testing is a
40  class C misdemeanor punishable by a fine not to exceed $50; and
41    (3) further testing may be required after the preliminary screening
42  test. Failure to provide the notice shall not be an issue or defense
43  in any action. The law enforcement officer then shall request the
SB 174--Am. by H
                                     

 1  person to submit to the test. Refusal to take and complete the test
 2  as requested is a class C misdemeanor punishable by a fine of $50.
 3  If the person submits to the test, the results shall be used for the
 4  purpose of assisting law enforcement officers in determining
 5  whether an arrest should be made and whether to request the tests
 6  authorized by K.S.A. 32-1132 and amendments thereto. A law
 7  enforcement officer may arrest a person based in whole or in part
 8  upon the results of a preliminary screening test. Such results shall
 9  not be admissible in any civil or criminal action except to aid the
10  court or hearing officer in determining a challenge to the validity
11  of the arrest or the validity of the request to submit to a test
12  pursuant to K.S.A. 32-1132 and amendments thereto. Following the
13  preliminary screening test, additional tests may be requested
14  pursuant to K.S.A. 32-1132 and amendments thereto.]
15    Sec. 3 [6] 5.  K.S.A. [32-1131 and 32-1134 and K.S.A.] 1996 Supp.
16  8-1012 and 8-2118 are hereby repealed.
17    Sec. 4 [7] 6.  This act shall take effect and be in force from and after
18  its publication in the statute book.