As Further Amended by House Committee
         

         
As Amended by House Committee
         

         
As Amended by Senate Committee
         

          Session of 1998
                   
SENATE BILL No. 561
         
By Committee on Elections and Local Government
         
2-2
          14             AN ACT concerning buildings; creating a crime of failure to place or
15             maintain a smoke detector.
16             AN ACT concerning certain structures; relating to smoke detectors.
17             driver's licenses; providing certain restrictions; amending
18             K.S.A. 1997 Supp. 8-237, 8-239 and 8-296 and repealing the ex-
19             isting sections.
20            
21       Be it enacted by the Legislature of the State of Kansas:
22           Section 1. Sections 1 through 5 of this act shall be known and may
23       be cited as the smoke detector act.
24           Sec. 2. When used in the this act:
25           (a) ``Dwelling unit'' means a single-family residence, multiple-family
26       residence and each living unit in a mixed-use building, except that such
27       term does not include any structure which is subject to the federal, man-
28       ufactured home construction and safety standards established pursuant
29       to 42 U.S.C. &5403.
30           (b) ``Smoke detector'' means a device or combination of devices
31       which operate from a power supply in the dwelling unit or at the point
32       of installation for the purpose of detecting visible or invisible particles of
33       combustion. Such term shall include smoke detectors approved or listed
34       for the purpose for which they are intended by an approved independent
35       testing laboratory.
36           Sec. 3. (a) Every single-family residence shall have at least one smoke
37       detector on every story of the dwelling unit.
38           (b) Every structure which:
39           (1) Contains more than one dwelling unit; or
40           (2) contains at least one dwelling unit and is a mixed-use structure,
41       shall contain at least one smoke detector at the uppermost ceiling of each
42       interior stairwell and on every story in each dwelling unit.
43           (c) It shall be the responsibility of the owner of a structure to supply

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  1       and install all required smoke detectors. The owners shall be responsible
  2       for testing and maintaining all smoke detectors, except inside rental units,
  3       the tenant shall be responsible for testing and maintaining all smoke de-
  4       tectors after taking possession of the dwelling unit.
  5        (c) The owner of a structure shall supply and install all required
  6       smoke detectors. The owner of a structure shall test and maintain
  7       all smoke detectors, except inside rental units, the occupant shall
  8       test and maintain all smoke detectors after taking possession of the
  9       dwelling unit.
10           (d) The smoke detectors required in dwelling units in existence on
11       January 1, 1999, may either be battery-powered or wired into the struc-
12       ture's electrical power line system, and need not be interconnected. The
13       smoke detectors required in dwelling units constructed after January 1,
14       1999, shall be wired permanently into the structure's electrical power line
15       system.
16           (e) Except for any inspection conducted prior to the issuance of an
17       occupancy permit, officials responsible for the enforcement of the smoke
18       detector act shall not enter a dwelling unit solely for the purpose of de-
19       termining compliance with the provisions of the smoke detector act.
20        (e) For purposes of this act, manufactured homes as defined in
21       K.S.A. 58-4202, and amendments thereto, shall be subject to the
22       federal, manufactured home construction and safety standards es-
23       tablished pursuant to 42 U.S.C. § 5403 in lieu of the standards set
24       forth herein. Owners and occupants of such manufactured homes
25       shall be subject to the testing and maintenance standards for
26       smoke detectors required under this act.
27        (e) (f) Officials responsible for the enforcement of the smoke
28       detector act shall not enter a dwelling unit solely for the purpose
29       of determining compliance with the provisions of the smoke detector
30       act except when:
31           (1) Conducting an inspection prior to the issuance of an occu-
32       pancy permit or building permit;
33           (2) responding to a report of a fire in a dwelling unit, except in
34       cases of a false alarm; or
35           (3) conducting, at the request of the owner or occupant, a home
36       safety inspection.
37           (f) (g) Evidence of the failure of any property owner to provide an
38       operational smoke detector in a residence as required by this section shall
39       not be admissible in any action for the purpose of determining any aspect
40       of damages civil liability.
41           Evidence of the failure of any occupant to properly maintain a smoke
42       detector as required by this section shall not be admissible in any action
43       for the purpose of determining any aspect of damages civil liability.

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  1           (g) (h) The provisions of the smoke detector act shall not constitute
  2       grounds for the purpose of offsetting, reducing or denying the payment
  3       of amounts due under any contract for or policy of insurance.
  4           Sec. 4. Failure to place or maintain a smoke detector as provided by
  5       the smoke detector act shall be a nonclass nonperson misdemeanor. Any
  6       fine imposed for a violation of this section shall not exceed $25.
  7           Sec. 5. This law shall be in addition to any county resolution or city
  8       ordinance relating to regulation of smoke detectors.
  9           Section 1. K.S.A. 1997 Supp. 8-237 is hereby amended to read
10       as follows: 8-237. The division of vehicles shall not issue any
11       driver's license to any person:
12           (a) Who is under the age of 16 years, except that the division
13       may issue a restricted class C or M license, as provided in this act,
14       to any person who: (1) Is at least 15 years of age; (2) has successfully
15       completed an approved course in driver training; and (3) upon the
16       written application of the person's parent or guardian. Except as
17       hereafter provided, the application of the parent or guardian shall
18       be submitted to the division. The governing body of any city, by
19       ordinance, may require the application of any person who is under
20       16 years of age and who resides within the city to be first submitted
21       to the chief law enforcement officer of the city. The board of
22       county commissioners of any county, by resolution, may require
23       the application of any person who is under 16 years of age and
24       who resides within the county and outside the corporate limits of
25       any city to be first submitted to the chief law enforcement officer
26       of the county. No ordinance or resolution authorized by this sub-
27       section shall become effective until a copy of it is transmitted to
28       the division of vehicles. The chief law enforcement officer of any
29       city or county which has adopted the ordinance or resolution au-
30       thorized by this subsection shall make a recommendation on the
31       application as to the necessity for the issuance of the restricted
32       license, and the recommendation shall be transmitted, with the
33       application, to the division of vehicles. If the division finds that it
34       is necessary to issue the restricted license, it shall issue a driver's
35       license to the person.
36           A restricted class C license issued under this subsection shall
37       entitle the licensee, while possessing the license, to operate any
38       motor vehicle in class C, as designated in K.S.A. 8-234b, and
39       amendments thereto. A restricted class M license shall entitle the
40       licensee, while possessing such license, to operate a motorcycle.
41       The restricted license shall entitle the licensee to operate the ap-
42       propriate vehicle at any time:
43           (1) While going to or from or in connection with any job, em-

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  1       ployment or farm-related work;
  2           (2) on days while school is in session, over the most direct and
  3       accessible route between the licensee's residence and school of
  4       enrollment for the purposes of school attendance;
  5           (3) when the licensee is operating a passenger car, at any time
  6       when accompanied by an adult who is the holder of a valid com-
  7       mercial driver's license, class A, B or C driver's license and who is
  8       actually occupying a seat beside the driver; or
  9           (4) when the licensee is operating a motorcycle, at any time
10       when accompanied by an adult who is the holder of a valid class
11       M driver's license and who is operating a motorcycle in the general
12       proximity of the licensee.
13           Any licensee issued a restricted license under this subsection
14       shall not operate any motor vehicle with nonsibling minor passen-
15       gers and any conviction for violating this provision shall be construed as
16       a moving traffic violation for the purpose of K.S.A. 8-255, and amend-
17       ments thereto.
18           A restricted driver's license issued under this subsection is sub-
19       ject to suspension or revocation in the same manner as any other
20       driver's license. In addition, the division may suspend the re-
21       stricted driver's license upon receiving satisfactory evidence that:
22       (1) The licensee has violated the restriction of the license, (2) the
23       licensee has been involved in two or more accidents chargeable to
24       the licensee; or (3) the recommendation of the chief law enforce-
25       ment officer of any city or county requiring the recommendation
26       has been withdrawn. The suspended license shall not be reinstated
27       for one year or until the licensee reaches the age of 16, whichever
28       period is longer.
29           Any licensee issued a restricted license under this subsection on and
30       after July 1, 1998, shall provide prior to reaching 16 years of age, a signed
31       affidavit of either a parent or guardian, stating that the applicant has
32       completed at least 50 hours of adult supervised driving with at least 10
33       of those hours being at night. The required adult supervised driving shall
34       be conducted by an adult who is the holder of a valid commercial driver's
35       license, class A, B or C driver's license.
36           Any licensee issued a restricted license under this subsection who: (1)
37       Is under the age of 16 years and is convicted of two or more moving traffic
38       violations committed on separate occasions shall not be eligible to receive
39       a driver's license which is not restricted in accordance with the provisions
40       of this subsection until the person reaches 17 years of age; or (2) fails to
41       provide the required affidavit stating that the licensee has completed at
42       least 50 hours of adult supervised driving with 10 of those hours being at
43       night shall not be eligible to receive a driver's license which is not re-

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  1       stricted in accordance with the provisions of this subsection until the
  2       person provides such affidavit to the division or the person reaches 17
  3       years of age, whichever occurs first.
  4           (b) Who is under the age of 18 years, except as provided in
  5       K.S.A. 1997 Supp. 8-2,147, and amendments thereto, for the pur-
  6       pose of driving a commercial or class A or B motor vehicle.
  7           (c) Whose license is currently revoked, suspended or canceled
  8       in this or any other state, except as provided in K.S.A. 8-256, and
  9       amendments thereto.
10           (d) Who is a habitual drunkard, habitual user of narcotic drugs
11       or habitual user of any other drug to a degree which renders the
12       user incapable of safely driving a motor vehicle.
13           (e) Who has previously been adjudged to be afflicted with or
14       suffering from any mental disability or disease and who, at the time
15       of making application for a driver's license, has not been restored
16       to capacity in the manner provided by law. Application of this lim-
17       itation to any person known to have suffered any seizure disorder
18       is subject to the provisions of paragraph (7) of subsection (e) of
19       K.S.A. 8-247, and amendments thereto.
20           (f) Who is required by the motor vehicle drivers' license act to
21       take an examination, unless the person has successfully passed the
22       examination.
23           (g) Who is at least 16 years of age and less than 17 years of age,
24       who is applying for a driver's license for the first time since reach-
25       ing 16 years of age and who, three times or more, has been ad-
26       judged to be a traffic offender under the Kansas juvenile code or
27       a juvenile offender under the Kansas juvenile justice code, by rea-
28       son of violation of one or more statutes regulating the movement
29       of traffic on the roads, streets or highways of this state, except that,
30       in the discretion of the director, the person may be issued a
31       driver's license which is restricted in the manner the division
32       deems to be appropriate. No person described by this subsection
33       shall be eligible to receive a driver's license which is not restricted
34       until the person has reached the age of 17 years.
35           Sec. 2. K.S.A. 1997 Supp. 8-239 is hereby amended to read as
36       follows: 8-239. (a) Any person who is at least 14 years of age may
37       apply to the division for an instruction permit. The division may
38       in its discretion, after the applicant has successfully passed all parts
39       of the examination other than the driving test, issue to the appli-
40       cant an instruction permit which shall entitle the applicant while
41       having such permit in such person's immediate possession to drive
42       a passenger car upon the public highways for a period of one year
43       subject to the restrictions herein contained. The division may issue

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  1       an instruction or restricted instruction permit to any person who
  2       is at least 14 years of age and under the age of 16 years only upon
  3       the written application of a parent or guardian of the minor. The
  4       one having the instruction permit may operate a passenger car at
  5       any time when accompanied by an adult who is the holder of a
  6       valid commercial driver's license, class A, B or C driver's license,
  7       who has had at least one year of driving experience and who is
  8       occupying a seat beside the driver. Any person who is at least 14
  9       years of age may apply for an instruction permit to operate a mo-
10       torcycle either separate from or in conjunction with an instruction
11       permit to operate a passenger car, and such permit shall entitle
12       the permittee to operate a motorcycle if such person is accompa-
13       nied by an adult who is the holder of a valid class M driver's license,
14       who has had at least one year of driving experience and who is
15       riding a motorcycle in the general proximity of the permittee.
16           (b) The division upon receiving proper application may issue
17       in its discretion a restricted instruction permit effective for a
18       school year or for a more restricted period to an applicant who is
19       at least 14 years of age and who is enrolled in a driver-education
20       program which includes practice driving and which is approved by
21       the division, even though the applicant has not reached the legal
22       age to be eligible for a driver's license. Such instruction permit
23       shall entitle the permittee when the person has such permit in such
24       person's immediate possession to operate a passenger car only on
25       a designated highway or within a designated area but only when
26       an approved instructor is occupying a seat beside the permittee or
27       when such permit has been endorsed by an approved instructor to
28       operate a passenger car with a parent or guardian who is the
29       holder of a valid commercial driver's license, class A, B or C
30       driver's license, who has had at least one year of driving experience
31       and who is occupying a seat beside the driver.
32           (c) The division, in its discretion, may issue a temporary
33       driver's permit to an applicant for a classified driver's license per-
34       mitting the applicant to operate a motor vehicle within such clas-
35       sification while the division is completing its investigation and de-
36       termination of all facts relative to such applicant's right to receive
37       a driver's license. The division may issue such a temporary driver's
38       permit to any applicant whose employer certifies that such permit
39       is necessary to complete seasonal agricultural operations of the
40       employer. Any such temporary driver's permit issued pursuant to
41       this subsection shall be in the immediate possession of the per-
42       mittee while operating a motor vehicle, and it shall be invalid on
43       the date specified thereon, which shall not be more than 15 days

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  1       after its issuance, or when the applicant's license has been issued
  2       or for good cause has been refused.
  3           Sec. 3. K.S.A. 1997 Supp. 8-296 is hereby amended to read as
  4       follows: 8-296. (a) Any person who is less than 16 years of age but
  5       is at least 14 years of age and who resides upon a farm in this state
  6       or is employed for compensation upon a farm in this state may
  7       apply to the division of vehicles for a farm permit authorizing such
  8       person, while possessing the permit, to operate any motor vehicle
  9       in class C, as designated in K.S.A. 8-234b, and amendments
10       thereto. The farm permit shall entitle the licensee to operate such
11       motor vehicles at any time:
12           (1) While going to or from or in connection with any farm job,
13       employment or other farm-related work;
14           (2) on days while school is in session, over the most direct and
15       accessible route between the licensee's residence and school of
16       enrollment for the purpose of school attendance; or
17           (3) when the licensee is operating a passenger car at any time
18       when accompanied by an adult who is the holder of a valid com-
19       mercial driver's license, class A, B or C driver's license and who is
20       actually occupying a seat beside the driver.
21           (b) A farm permit shall be issued only if:
22           (1) The applicant can prove that such applicant resides or
23       works on a farm;
24           (2) the applicant has successfully completed the examination
25       requirements in K.S.A. 8-235d, and amendments thereto; and
26           (3) the applicant submits the signed affidavit of either a parent
27       or guardian, stating that the applicant lives on a farm or, if the
28       applicant does not live on a farm but works on a farm, the applicant
29       submits the signed affidavit of the applicant's employer and parent
30       or guardian, attesting to such employment.
31           (c) Any licensee issued a farm permit under this section shall
32       not operate any motor vehicle with nonsibling minor passengers
33       and any conviction for violating this provision shall be construed as a
34       moving traffic violation for the purpose of K.S.A. 8-255, and amendments
35       thereto.
36           (d) As used in this section, ``farm'' means any parcel of land
37       larger than 20 acres which is used in agricultural operations.
38           (e) A farm permit issued under this section is subject to sus-
39       pension or revocation in the same manner as any other driver's
40       license. A person who has been issued a farm permit and who vi-
41       olates this section by driving beyond the scope allowed in subsec-
42       tion (a) shall lose the farm permit and shall be issued no other
43       driver's license for a period of one year or until the person reaches

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  1       16 years of age, whichever period is longer.
  2           (f) Any licensee issued a farm permit under this section on and after
  3       July 1, 1998, shall provide prior to reaching 16 years of age, a signed
  4       affidavit of either a parent or guardian, stating that the applicant has
  5       completed at least 50 hours of adult supervised driving with at least 10
  6       of those hours being at night. The adult supervised driving required by
  7       this paragraph shall be conducted by an adult who is the holder of a valid
  8       commercial driver's license, class A, B or C driver's license.
  9           (g) Any licensee issued a farm permit under this section who: (1) Is
10       under the age of 16 years and is convicted of two or more moving traffic
11       violations committed on separate occasions shall not be eligible to receive
12       a driver's license which is not restricted in accordance with the provisions
13       of subsection (a), until the person reaches 17 years of age; or (2) fails to
14       provide the affidavit required under paragraph (4) of subsection (b), shall
15       not be eligible to receive a driver's license which is not restricted in ac-
16       cordance with the provisions of subsection (a), until the person provides
17       such affidavit to the division or the person reaches 17 years of age, which-
18       ever occurs first.
19           Sec. 4. K.S.A. 1997 Supp. 8-237, 8-239 and 8-296 are hereby re-
20       pealed.
21           Sec. 6. 5. This act shall take effect and be in force from and after its
22       publication in the statute book.
23