Session of 1999
         
HOUSE BILL No. 2183
         
By Committee on Judiciary
          
1-28
          
  9             AN  ACT concerning driver's licenses and driving privileges; restrictions
10             for alcohol and drug-related offenses; relating to ignition interlock de-
11             vices; amending K.S.A. 1998 Supp. 8-262, 8-1014, 8-1015 and 8-1016
12             and repealing the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1998 Supp. 8-262 is hereby amended to read as
16       follows: 8-262. (a) (1) Any person who drives a motor vehicle on any
17       highway of this state at a time when such person's privilege so to do is
18       canceled, suspended or revoked shall be guilty of a: (A) Class B nonperson
19       misdemeanor on the first conviction; (B) class A nonperson misdemeanor
20       on the second conviction; and (C) severity level 9, nonperson felony on
21       a third or subsequent conviction.
22             (2) No person shall be convicted under this section if such person
23       was entitled at the time of arrest under K.S.A. 8-257, and amendments
24       thereto, to the return of such person's driver's license or was, at the time
25       of arrest, eligible under K.S.A. 8-256, and amendments thereto, to apply
26       for a new license to operate a motor vehicle.
27             (3) Except as otherwise provided by subsection (a)(4), every person
28       convicted under this section shall be sentenced to at least five days' im-
29       prisonment and fined at least $100 and upon a second or subsequent
30       conviction shall not be eligible for parole until completion of five days'
31       imprisonment.
32             (4) If a person (A) is convicted of a violation of this section, commit-
33       ted while the person's privilege to drive was suspended or revoked for a
34       violation of K.S.A. 8-1567, and amendments thereto, or any ordinance of
35       any city or a law of another state, which ordinance or law prohibits the
36       acts prohibited by that statute, and (B) is or has been also convicted of a
37       violation of K.S.A. 8-1567, and amendments thereto, or of a municipal
38       ordinance or law of another state, which ordinance or law prohibits the
39       acts prohibited by that statute, committed while the person's privilege to
40       drive was so suspended or revoked, the person shall not be eligible for
41       suspension of sentence, probation or parole until the person has served
42       at least 90 days' imprisonment, and any fine imposed on such person shall
43       be in addition to such a term of imprisonment.

HB 2183

2

  1             (b) The division, upon receiving a record of the conviction of any
  2       person under this section, or any ordinance of any city or a law of another
  3       state which is in substantial conformity with this section, upon a charge
  4       of driving a vehicle while the license of such person is revoked or sus-
  5       pended, shall extend the period of such suspension or revocation for an
  6       additional period of 90 days.
  7             (c) In addition to extension of the period of suspension or revocation
  8       under subsection (b), if the conviction is for a violation committed after
  9       June 30, 1994, and before July 1, 1996, and committed while the person's
10       driving privileges are suspended pursuant to K.S.A. 8-1014 and amend-
11       ments thereto, the division, upon completion of the extended period of
12       suspension, shall restrict the person's driving privileges for an additional
13       120 365 days to driving only a motor vehicle equipped with an ignition
14       interlock device, as defined by K.S.A. 8-1013 and amendments thereto,
15       approved by the division and obtained, installed and maintained at the
16       person's expense. If the person's driving privileges have been restricted
17       to driving only a motor vehicle with an ignition interlock device for an-
18       other conviction, the restriction required by this subsection shall apply
19       consecutively to the previous restriction.
20             On or before February 1, 1996, the division shall report to the legis-
21       lature regarding the use of the provisions of this subsection and making
22       recommendations concerning continuation or modification of such pro-
23       visions.
24             (d) For the purposes of determining whether a conviction is a first,
25       second, third or subsequent conviction in sentencing under this section,
26       "conviction" includes a conviction of a violation of any ordinance of any
27       city or a law of another state which is in substantial conformity with this
28       section.
29             Sec.  2. K.S.A. 1998 Supp. 8-1014 is hereby amended to read as fol-
30       lows: 8-1014. (a) Except as provided by subsection (d) and K.S.A. 8-2,142,
31       and amendments thereto, if a person refuses a test, the division, pursuant
32       to K.S.A. 8-1002, and amendments thereto, shall suspend the person's
33       driving privileges for one year and, upon completion of the period of
34       suspension, shall restrict the person's driving privileges for an additional
35       365 days to driving only a motor vehicle equipped with an ignition inter-
36       lock device, as defined by K.S.A. 8-1013, and amendments thereto, ap-
37       proved by the division and obtained, installed and maintained at the per-
38       son's expense. If the person's driving privileges have been restricted to
39       driving only a motor vehicle with an ignition interlock device for another
40       conviction, the restriction required by this subsection shall apply consec-
41       utively to the previous restriction.
42             (b) Except as provided by subsection (d) and K.S.A. 8-2,142, and
43       amendments thereto, if a person fails a test or has an alcohol or drug-

HB 2183

3

  1       related conviction in this state, the division shall:
  2             (1) If the results of the test were less than twice the legal limit as
  3       defined by K.S.A. 8-1567, and amendments thereto, on the person's first
  4       occurrence, suspend the person's driving privileges for 30 days, then re-
  5       strict the person's driving privileges as provided by K.S.A. 8-1015, and
  6       amendments thereto, for an additional 330 days; and
  7             (2) If the results of the test were twice the legal limit or higher, as
  8       defined by K.S.A. 8-1567, and amendments thereto, on the person's first
  9       occurrence, suspend the person's driving privilege for 30 days and restrict
10       the person's driving privileges for 330 days in accordance with K.S.A. 8-
11       1015, and amendments thereto;
12             (2) (3) on the person's second or a subsequent occurrence, suspend
13       the person's driving privileges for one year and restrict the person's driv-
14       ing privileges for one year in accordance with K.S.A. 8-1015, and amend-
15       ments thereto, and restrict the person's driving privileges for one year to
16       driving only a motor vehicle equipped with an ignition interlock device.
17       Any time period of ignition interlock restriction shall be credited to the
18       one year minimum reinstatement time period;
19             (4) On the person's third or subsequent occurrence, suspend the per-
20       son's driving privileges for one year and restrict the person's driving priv-
21       ileges for two years in accordance with K.S.A. 8-1015, and amendments
22       thereto, and restrict the person's driving privileges for one year to driving
23       only a motor vehicle equipped with an ignition interlock device. Any time
24       period of ignition interlock restriction shall be credited to the one year
25       minimum reinstatement time period.
26             (c) Whenever the division is notified by an alcohol and drug safety
27       action program that a person has failed to complete any alcohol and drug
28       safety action education or treatment program ordered by a court for a
29       conviction of a violation of K.S.A. 8-1567, and amendments thereto, the
30       division shall suspend the person's driving privileges until the division
31       receives notice of the person's completion of such program.
32             (d) Except as provided in K.S.A. 8-2,142, and amendments thereto,
33       if a person's driving privileges are subject to suspension pursuant to this
34       section for a test refusal, test failure or alcohol or drug-related conviction
35       arising from the same arrest, the period of such suspension shall not
36       exceed the longest applicable period authorized by subsection (a) or (b),
37       and such suspension periods shall not be added together or otherwise
38       imposed consecutively. In addition, in determining the period of such
39       suspension as authorized by subsection (a) or (b), such person shall re-
40       ceive credit for any period of time for which such person's driving privi-
41       leges were suspended while awaiting any hearing or final order authorized
42       by this act.
43             If a person's driving privileges are subject to restriction pursuant to

HB 2183

4

  1       this section for a test failure or alcohol or drug-related conviction arising
  2       from the same arrest, the restriction periods shall not be added together
  3       or otherwise imposed consecutively. In addition, in determining the pe-
  4       riod of restriction, the person shall receive credit for any period of sus-
  5       pension imposed for a test refusal arising from the same arrest.
  6             (e) If the division has taken action under subsection (a) for a test
  7       refusal or under subsection (b) for a test failure and such action is stayed
  8       pursuant to K.S.A. 8-259, and amendments thereto, or if temporary driv-
  9       ing privileges are issued pursuant to subsection (k) of K.S.A. 8-1002, and
10       amendments thereto, the stay or temporary driving privileges shall not
11       prevent the division from taking the action required by subsection (b) for
12       an alcohol or drug-related conviction.
13             (f) Upon restricting a person's driving privileges pursuant to this sec-
14       tion or K.S.A. 8-262, and amendments thereto, the division shall issue
15       without for a charge of $25 a driver's license which shall indicate on the
16       face of the license that restrictions have been imposed on the person's
17       driving privileges and that a copy of the order imposing the restrictions
18       is required to be carried by the person for whom the license was issued
19       any time the person is operating a motor vehicle on the highways of this
20       state.
21             (g) Any person whose license is restricted to operating only a motor
22       vehicle with an ignition interlock device installed may operate an em-
23       ployer's vehicle without an ignition interlock device installed during nor-
24       mal business activities, provided that the person does not partly or entirely
25       own or control the employer's vehicle or business.
26             (h) Whenever the division is notified by a certified ignition interlock
27       manufacturer or an authorized representative of the manufacturer that
28       any person whose license is restricted to the use of an ignition interlock
29       has failed to comply with the rules and regulations adopted by the division
30       under K.S.A. 8-1016, and amendments thereto, the division shall suspend
31       the person's driving privileges until the division receives notice of the
32       person's compliance with the ignition interlock program.
33             Sec.  3. K.S.A. 1998 Supp. 8-1015 is hereby amended to read as fol-
34       lows: 8-1015. (a) When subsection (b)(1) of K.S.A. 8-1014, and amend-
35       ments thereto, requires or authorizes the division to place restrictions on
36       a person's driving privileges, the division shall restrict the person's driving
37       privileges to driving only under the circumstances provided by subsec-
38       tions (a)(1), (2), (3) and (4) of K.S.A. 8-292 and amendments thereto.
39             (b) In lieu of the restrictions set out in subsection (a), the division,
40       upon request of the person whose driving privileges are to be restricted,
41       may restrict the person's driving privileges to driving only a motor vehicle
42       equipped with an ignition interlock device, approved by the division and
43       obtained, installed and maintained at the person's expense.

HB 2183

5

  1             (c) When subsection (b) of K.S.A. 8-262, and amendments thereto,
  2       and subsections (a) and (b)(2), (b)(3) and (b)(4) of K.S.A. 8-1014, and
  3       amendments thereto, require or authorize the division to place restrictions
  4       on a person's driving privileges, the division shall restrict the person's
  5       driving privileges to driving only a motor vehicle equipped with an ig-
  6       nition interlock device, approved by the division and maintained at the
  7       person's expense and may require driving only under circumstances pro-
  8       vided by K.S.A. 8-292, and amendments thereto. The division shall not
  9       issue the restricted license under this subsection until the person has pro-
10       vided proof of installation of an approved ignition interlock device.
11             (c) (d) Upon a person's second or subsequent conviction for an al-
12       cohol related offense, if the person had an alcohol concentration of .15
13       or more in the person's blood or breath, the convicting court shall restrict
14       the person's driving privileges to driving only a motor vehicle equipped
15       with an ignition interlock device, approved by the division and obtained,
16       installed and maintained at the person's expense.
17             (d) (e) Upon expiration of the period of time for which restrictions
18       are imposed pursuant to this section, the licensee may apply to the divi-
19       sion for the return of any license previously surrendered by the licensee.
20       If the license has expired, the person may apply to the division for a new
21       license, which shall be issued by the division upon payment of the proper
22       fee and satisfaction of the other conditions established by law, unless the
23       person's driving privileges have been suspended or revoked prior to
24       expiration.
25             Sec.  4. K.S.A. 1998 Supp. 8-1016 is hereby amended to read as fol-
26       lows: 8-1016. (a) The secretary of revenue shall adopt rules and regula-
27       tions for:
28             (1) The approval by the division of models and classes of ignition
29       interlock devices suitable for use by persons whose driving privileges have
30       been restricted to driving a vehicle equipped with such a device; and
31             (2) the calibration and maintenance of such devices, which shall be
32       the responsibility of the manufacturer.; and
33             (3) ensuring that each manufacturer approved provides a reasonable
34       statewide service network where such devices may be obtained, repaired,
35       replaced or serviced and such service network can be accessed 24 hours
36       per day through a toll-free phone service.
37             In adopting rules and regulations for approval of ignition interlock de-
38       vices under this section, the secretary of revenue shall insure that those
39       devices approved do not impede the safe operation of a motor vehicle
40       and have the fewest opportunities to be bypassed so as to render them
41       ineffective require that the manufacturer's or the manufacturer's repre-
42       sentatives calibrate and maintain the devices at intervals not to exceed 60
43       days. Calibration and maintenance shall include but not be limited to

HB 2183

6

  1       physical inspection of the device, the vehicle and wiring of the device to
  2       the vehicle for signs of tampering, calibration of the device and down-
  3       loading of all data contained within the device's memory and reporting
  4       of any violation or noncompliance to the court.
  5             (4) The division shall adopt by rule and regulation participant
  6       requirements for proper use and maintenance of a certified ignition in-
  7       terlock device during any time period the person's license is restricted by
  8       the division to only operating a motor vehicle with an ignition interlock
  9       device installed and by rule and regulation the reporting requirements of
10       the approved manufacturer to the division relating to the person's proper
11       use and maintenance of a certified ignition interlock device.
12             (b) If the division approves an ignition interlock device in accordance
13       with rules and regulations adopted under this section, the division shall
14       give written notice of the approval to the manufacturer of the device.
15       Such notice shall be admissible in any civil or criminal proceeding in this
16       state.
17             (c) The manufacturer of an ignition interlock device shall reimburse
18       the division for any cost incurred in approving or disapproving such device
19       under this section.
20             (d) Neither the state nor any agency, officer or employee thereof shall
21       be liable in any civil or criminal proceeding arising out of the use of an
22       ignition interlock device approved under this section. 
23       Sec.  5. K.S.A. 1998 Supp. 8-262, 8-1014, 8-1015 and 8-1016 are
24       hereby repealed.
25        Sec.  6. This act shall take effect and be in force from and after its
26       publication in the statute book.