As Amended by House Committee
          
Session of 1999
         
HOUSE BILL No. 2317
         
By Committee on Transportation
          
2-8
          
10             AN  ACT relating to motor vehicles; concerning driver's licenses; provid-
11             ing certain restrictions; penalties; amending K.S.A. 8-235d and K.S.A.
12             1998 Supp. 8-237, 8-239, 8-296, 8-1014 and 8-1567a and repealing the
13             existing sections.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16        Section  1. K.S.A. 8-235d is hereby amended to read as follows:
17       8-235d. (a) Drivers' license examiners of the division shall accept
18       original applications for drivers' licenses and instruction permits,
19       as distinguished from applications for renewals of licenses, on
20       forms prescribed by the division and also shall issue instruction
21       permits. Drivers' license examiners of the division shall examine
22       every applicant for a driver's license who is required by the pro-
23       visions of the motor vehicle drivers' license act to be examined.
24       Such examination shall be held in the county where the applicant
25       resides or at a place adjacent thereto reasonably convenient to the
26       applicant or at a location established by the secretary for the is-
27       suance of a commercial driver's license. Such examination shall
28       include a test of the applicant's eyesight, the applicant's ability to
29       read and understand highway signs regulating, warning and di-
30       recting traffic, the applicant's knowledge of the traffic laws of this
31       state and shall include an actual demonstration of ability to exer-
32       cise ordinary and reasonable control in the operation of motor
33       vehicles which the class of license applied for would entitle the
34       applicant to drive. At the conclusion of the examination the ex-
35       aminer shall issue a license to the applicant, if the applicant has
36       successfully passed the examination with the class of license the
37       applicant has applied for.
38             (b) In addition to the requirements of subsection (a), any person who
39       is under the age of 18 years, who is applying for a driver's license for the
40       first time, not including an instruction permit, shall submit a signed af-
41       fidavit of either a parent or guardian, stating that the applicant has com-
42       pleted at least 50 hours of adult supervised driving with at least 10 of
43       those hours being at night. The required adult supervised driving required

HB 2317--Am.

2

  1       in this subsection shall be conducted by an adult who is at least 21 years
  2       of age and is the holder of a valid commercial driver's license, class A, B
  3       or C driver's license.
  4             Evidence of failure of any licensee who was required to complete the
  5       50 hours of adult supervised driving under this subsection shall not be
  6       admissible in any action for the purpose of determining any aspect of
  7       comparative negligence or mitigation of damages.
  8             Section  1. Sec.  2. K.S.A. 1998 Supp. 8-237 is hereby amended to
  9       read as follows: 8-237. The division of vehicles shall not issue any driver's
10       license to any person:
11             (a) Who is under the age of 16 years, except that the division may
12       issue a restricted class C or M license, as provided in this act, to any
13       person who: (1) Is at least 15 years of age; (2) has successfully completed
14       an approved course in driver training; (3) submits a signed affidavit of
15       either a parent or guardian, stating that the applicant has completed at
16       least 50 hours of adult supervised driving with at least 10 of those hours
17       being at night; and (3) (4) upon the written application of the person's
18       parent or guardian. The required adult supervised driving required in
19       clause (3) above shall be conducted by an adult who is at least 21 years
20       of age and is the holder of a valid commercial driver's license, class A,
21       B or C driver's license. Except as hereafter provided, the application of
22       the parent or guardian shall be submitted to the division. The governing
23       body of any city, by ordinance, may require the application of any person
24       who is under 16 years of age and who resides within the city to be first
25       submitted to the chief law enforcement officer of the city. The board of
26       county commissioners of any county, by resolution, may require the ap-
27       plication of any person who is under 16 years of age and who resides
28       within the county and outside the corporate limits of any city to be first
29       submitted to the chief law enforcement officer of the county. No ordi-
30       nance or resolution authorized by this subsection shall become effective
31       until a copy of it is transmitted to the division of vehicles. The chief law
32       enforcement officer of any city or county which has adopted the ordi-
33       nance or resolution authorized by this subsection shall make a recom-
34       mendation on the application as to the necessity for the issuance of the
35       restricted license, and the recommendation shall be transmitted, with the
36       application, to the division of vehicles. If the division finds that it is nec-
37       essary to issue the restricted license, it shall issue a driver's license to the
38       person.
39             A restricted class C license issued under this subsection shall entitle
40       the licensee, while possessing the license, to operate any motor vehicle
41       in class C, as designated in K.S.A. 8-234b, and amendments thereto. A
42       restricted class M license shall entitle the licensee, while possessing such
43       license, to operate a motorcycle. The restricted license shall entitle the

HB 2317--Am.

3

  1       licensee to operate the appropriate vehicle at any time:
  2             (1) While going to or from or in connection with any job, employment
  3       or farm-related work;
  4             (2) on days while school is in session, over the most direct and ac-
  5       cessible route between the licensee's residence and school of enrollment
  6       for the purposes of school attendance;
  7             (3) when the licensee is operating a passenger car, at any time when
  8       accompanied by an adult who is the holder of a valid commercial driver's
  9       license, class A, B or C driver's license and who is actually occupying a
10       seat beside the driver; or
11             (4) when the licensee is operating a motorcycle, at any time when
12       accompanied by an adult who is the holder of a valid class M driver's
13       license and who is operating a motorcycle in the general proximity of the
14       licensee.
15             Any licensee issued a restricted license under this subsection shall not
16       operate any motor vehicle upon any highway in this state which does not
17       have attached to such motor vehicle's license plate a decal issued by the
18       division indicating that such motor vehicle may be operated by a driver
19       with an age restricted license. The secretary of revenue shall provide for
20       the design and distribution of such age restricted driver's license decals
21       and shall designate the location on the license plate where such decals
22       shall be affixed.
23             Any licensee issued a restricted license under this subsection shall not
24       operate any motor vehicle with nonsibling minor passengers and any con-
25       viction for violating this provision shall be construed as a moving traffic
26       violation for the purpose of K.S.A. 8-255, and amendments thereto.
27             A restricted driver's license issued under this subsection is subject to
28       suspension or revocation in the same manner as any other driver's license.
29       In addition, the division may suspend the restricted driver's license upon
30       receiving satisfactory evidence that: (1) The licensee has violated the re-
31       striction of the license, (2) the licensee has been involved in two or more
32       accidents chargeable to the licensee or (3) the recommendation of the
33       chief law enforcement officer of any city or county requiring the rec-
34       ommendation has been withdrawn. The suspended license shall not be
35       reinstated for one year or until the licensee reaches the age of 16, which-
36       ever period is longer.
37             Any licensee issued a restricted license under this subsection who is
38       under the age of 16 years and is convicted of two or more moving traffic
39       violations committed on separate occasions shall not be eligible to receive
40       a driver's license which is not restricted in accordance with the provisions
41       of this subsection until the person reaches 17 years of age.
42             Evidence of failure of any licensee who was required to complete the
43       50 hours of adult supervised driving under this subsection shall not be

HB 2317--Am.

4

  1       admissible in any action for the purpose of determining any aspect of
  2       comparative negligence or mitigation of damages.
  3             (b) Who is under the age of 18 years, except as provided in K.S.A.
  4       1998 Supp. 8-2,147, and amendments thereto, for the purpose of driving
  5       a commercial or class A or B motor vehicle.
  6             (c) Whose license is currently revoked, suspended or canceled in this
  7       or any other state, except as provided in K.S.A. 8-256, and amendments
  8       thereto.
  9             (d) Who is a habitual drunkard, habitual user of narcotic drugs or
10       habitual user of any other drug to a degree which renders the user in-
11       capable of safely driving a motor vehicle.
12             (e) Who has previously been adjudged to be afflicted with or suffering
13       from any mental disability or disease and who, at the time of making
14       application for a driver's license, has not been restored to capacity in the
15       manner provided by law. Application of this limitation to any person
16       known to have suffered any seizure disorder is subject to the provisions
17       of paragraph (7) of subsection (e) of K.S.A. 8-247, and amendments
18       thereto.
19             (f) Who is required by the motor vehicle drivers' license act to take
20       an examination, unless the person has successfully passed the
21       examination.
22             (g) Who is at least 16 years of age and less than 17 years of age, who
23       is applying for a driver's license for the first time since reaching 16 years
24       of age and who, three times or more, has been adjudged to be a traffic
25       offender under the Kansas juvenile code or a juvenile offender under the
26       Kansas juvenile justice code, by reason of violation of one or more statutes
27       regulating the movement of traffic on the roads, streets or highways of
28       this state, except that, in the discretion of the director, the person may
29       be issued a driver's license which is restricted in the manner the division
30       deems to be appropriate. No person described by this subsection shall be
31       eligible to receive a driver's license which is not restricted until the person
32       has reached the age of 17 years.
33             Sec.  2. 3. K.S.A. 1998 Supp. 8-239 is hereby amended to read as
34       follows: 8-239. (a) Any person who is at least 14 years of age may apply
35       to the division for an instruction permit. The division may in its discretion,
36       after the applicant has successfully passed all parts of the examination
37       other than the driving test, issue to the applicant an instruction permit
38       which shall entitle the applicant while having such permit in such person's
39       immediate possession to drive a passenger car upon the public highways
40       for a period of one year subject to the restrictions herein contained. The
41       division may issue an instruction or restricted instruction permit to any
42       person who is at least 14 years of age and under the age of 16 years only
43       upon the written application of a parent or guardian of the minor. The

HB 2317--Am.

5

  1       one having the instruction permit may operate a passenger car at any time
  2       when accompanied by an adult who is the holder of a valid commercial
  3       driver's license, class A, B or C driver's license, who has had at least one
  4       year of driving experience and who is occupying a seat beside the driver.
  5       Any person who is at least 14 years of age may apply for an instruction
  6       permit to operate a motorcycle either separate from or in conjunction
  7       with an instruction permit to operate a passenger car, and such permit
  8       shall entitle the permittee to operate a motorcycle if such person is ac-
  9       companied by an adult who is the holder of a valid class M driver's license,
10       who has had at least one year of driving experience and who is riding a
11       motorcycle in the general proximity of the permittee.
12             (b) The division upon receiving proper application may issue in its
13       discretion a restricted instruction permit effective for a school year or for
14       a more restricted period to an applicant who is at least 14 years of age
15       and who is enrolled in a driver-education program which includes practice
16       driving and which is approved by the division, even though the applicant
17       has not reached the legal age to be eligible for a driver's license. Such
18       instruction permit shall entitle the permittee when the person has such
19       permit in such person's immediate possession to operate a passenger car
20       only on a designated highway or within a designated area but only when
21       an approved instructor is occupying a seat beside the permittee or when
22       such permit has been endorsed by an approved instructor to operate a
23       passenger car with a parent or guardian who is the holder of a valid
24       commercial driver's license, class A, B or C driver's license, who has had
25       at least one year of driving experience and who is occupying a seat beside
26       the driver.
27             (c) The division, in its discretion, may issue a temporary driver's per-
28       mit to an applicant for a classified driver's license permitting the applicant
29       to operate a motor vehicle within such classification while the division is
30       completing its investigation and determination of all facts relative to such
31       applicant's right to receive a driver's license. The division may issue such
32       a temporary driver's permit to any applicant whose employer certifies
33       that such permit is necessary to complete seasonal agricultural operations
34       of the employer. Any such temporary driver's permit issued pursuant to
35       this subsection shall be in the immediate possession of the permittee
36       while operating a motor vehicle, and it shall be invalid on the date spec-
37       ified thereon, which shall not be more than 15 days after its issuance, or
38       when the applicant's license has been issued or for good cause has been
39       refused.
40             Sec.  3. 4. K.S.A. 1998 Supp. 8-296 is hereby amended to read as
41       follows: 8-296. (a) Any person who is less than 16 years of age but is at
42       least 14 years of age and who resides upon a farm in this state or is
43       employed for compensation upon a farm in this state may apply to the

HB 2317--Am.

6

  1       division of vehicles for a farm permit authorizing such person, while pos-
  2       sessing the permit, to operate any motor vehicle in class C, as designated
  3       in K.S.A. 8-234b, and amendments thereto. The farm permit shall entitle
  4       the licensee to operate such motor vehicles at any time:
  5             (1) While going to or from or in connection with any farm job, em-
  6       ployment or other farm-related work;
  7             (2) on days while school is in session, over the most direct and ac-
  8       cessible route between the licensee's residence and school of enrollment
  9       for the purpose of school attendance; or
10             (3) when the licensee is operating a passenger car at any time when
11       accompanied by an adult who is the holder of a valid commercial driver's
12       license, class A, B or C driver's license and who is actually occupying a
13       seat beside the driver.
14             (b) A farm permit shall be issued only if:
15             (1) The applicant can prove that such applicant resides or works on
16       a farm;
17             (2) the applicant has successfully completed the examination require-
18       ments in K.S.A. 8-235d, and amendments thereto; and
19             (3) the applicant submits the signed affidavit of either a parent or
20       guardian, stating that the applicant lives on a farm or, if the applicant
21       does not live on a farm but works on a farm, the applicant submits the
22       signed affidavit of the applicant's employer and parent or guardian, at-
23       testing to such employment.
24             (c) Any licensee issued a farm permit under this section shall not
25       operate any motor vehicle with nonsibling minor passengers and any con-
26       viction for violating this provision shall be construed as a moving traffic
27       violation for the purpose of K.S.A. 8-255, and amendments thereto.
28             (d) As used in this section, "farm" means any parcel of land larger
29       than 20 acres which is used in agricultural operations.
30             (e) A farm permit issued under this section is subject to suspension
31       or revocation in the same manner as any other driver's license. A person
32       who has been issued a farm permit and who violates this section by driving
33       beyond the scope allowed in subsection (a) shall lose the farm permit and
34       shall be issued no other driver's license for a period of one year or until
35       the person reaches 16 years of age, whichever period is longer.
36             (f) Any licensee issued a farm permit under this section shall not op-
37       erate any motor vehicle upon any highway in this state which does not
38       have attached to such motor vehicle's license plate a decal issued by the
39       division indicating that such motor vehicle may be operated by a driver
40       with a farm permit. The secretary of revenue shall provide for the design
41       and distribution of such farm permit decals and shall designate the lo-
42       cation on the license plate where such decals shall be affixed on and after
43       July 1, 1999, shall provide prior to reaching 16 years of age, a

HB 2317--Am.

7

  1       signed affidavit of either a parent or guardian, stating that the
  2       applicant has completed at least 50 hours of adult supervised driv-
  3       ing with at least 10 of those hours being at night. The adult super-
  4       vised driving required by this paragraph shall be conducted by an
  5       adult who is at least 21 years of age and is the holder of a valid
  6       commercial driver's license, class A, B or C driver's license.
  7             Evidence of failure of any licensee who was required to com-
  8       plete the 50 hours of adult supervised driving under this subsec-
  9       tion shall not be admissible in any action for the purpose of deter-
10       mining any aspect of comparative negligence or mitigation of
11       damages.
12             (g) Any licensee issued a farm permit under this section who is under
13       the age of 16 years and is convicted of two or more moving traffic viola-
14       tions committed on separate occasions shall not be eligible to receive a
15       driver's license which is not restricted in accordance with the provisions
16       of subsection (a), until the person reaches 17 years of age.
17             Sec.  4. 5. K.S.A. 1998 Supp. 8-1014 is hereby amended to read as
18       follows: 8-1014. (a) Except as provided by subsection (d) (e) and K.S.A.
19       8-2,142, and amendments thereto, if a person refuses a test, the division,
20       pursuant to K.S.A. 8-1002, and amendments thereto, shall suspend the
21       person's driving privileges for one year.
22             (b) Except as provided by subsection (d) subsections (c) and (e) and
23       K.S.A. 8-2,142, and amendments thereto, if a person fails a test or has an
24       alcohol or drug-related conviction in this state, the division shall:
25             (1) On the person's first occurrence, suspend the person's driving
26       privileges for 30 days, then restrict the person's driving privileges as pro-
27       vided by K.S.A. 8-1015, and amendments thereto, for an additional 330
28       days; and
29             (2) on the person's second or a subsequent occurrence, suspend the
30       person's driving privileges for one year.
31             (c) Except as provided by subsection (e) and K.S.A. 8-2,142, and
32       amendments thereto, if a person who is less than 21 years of age fails a
33       test or has an alcohol or drug-related conviction in this state, the division
34       shall:
35             (1) Suspend the person's driving privileges for one year; or
36             (2) if such person has entered a diversion agreement under K.S.A. 12-
37       4412 et seq., and amendments thereto, or K.S.A. 22-2906 et seq., and
38       amendments thereto, suspend the person's driving privileges for the term
39       of such diversion agreement.
40             (c) (d) Whenever the division is notified by an alcohol and drug safety
41       action program that a person has failed to complete any alcohol and drug
42       safety action education or treatment program ordered by a court for a
43       conviction of a violation of K.S.A. 8-1567, and amendments thereto, the

HB 2317--Am.

8

  1       division shall suspend the person's driving privileges until the division
  2       receives notice of the person's completion of such program.
  3             (d) (e) Except as provided in K.S.A. 8-2,142, and amendments
  4       thereto, if a person's driving privileges are subject to suspension pursuant
  5       to this section for a test refusal, test failure or alcohol or drug-related
  6       conviction arising from the same arrest, the period of such suspension
  7       shall not exceed the longest applicable period authorized by subsection
  8       (a) or, (b) or (c), and such suspension periods shall not be added together
  9       or otherwise imposed consecutively. In addition, in determining the pe-
10       riod of such suspension as authorized by subsection (a) or, (b) or (c), such
11       person shall receive credit for any period of time for which such person's
12       driving privileges were suspended while awaiting any hearing or final
13       order authorized by this act.
14             If a person's driving privileges are subject to restriction pursuant to
15       this section for a test failure or alcohol or drug-related conviction arising
16       from the same arrest, the restriction periods shall not be added together
17       or otherwise imposed consecutively. In addition, in determining the pe-
18       riod of restriction, the person shall receive credit for any period of sus-
19       pension imposed for a test refusal arising from the same arrest.
20             (e) (f) If the division has taken action under subsection (a) for a test
21       refusal or under subsection (b) or (c) for a test failure and such action is
22       stayed pursuant to K.S.A. 8-259, and amendments thereto, or if tempo-
23       rary driving privileges are issued pursuant to subsection (k) of K.S.A. 8-
24       1002, and amendments thereto, the stay or temporary driving privileges
25       shall not prevent the division from taking the action required by subsec-
26       tion (b) or (c) for an alcohol or drug-related conviction.
27             (f) (g) Upon restricting a person's driving privileges pursuant to this
28       section, the division shall issue without charge a driver's license which
29       shall indicate on the face of the license that restrictions have been im-
30       posed on the person's driving privileges and that a copy of the order
31       imposing the restrictions is required to be carried by the person for whom
32       the license was issued any time the person is operating a motor vehicle
33       on the highways of this state.
34             Sec.  5. 6. K.S.A. 1998 Supp. 8-1567a is hereby amended to read as
35       follows: 8-1567a. (a) It shall be unlawful for any person less than 21 years
36       of age to operate or attempt to operate a vehicle in this state with a breath
37       or blood alcohol content of .02 or greater.
38             (b) Whenever a law enforcement officer determines that a breath or
39       blood alcohol test is to be required of a person less than 21 years of age
40       pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and amendments thereto, in
41       addition to any other notices required by law, the law enforcement officer
42       shall provide written and oral notice that: (1) It is unlawful for any person
43       less than 21 years of age to operate or attempt to operate a vehicle in this

HB 2317--Am.

9

  1       state with a breath or blood alcohol content of .02 or greater; and (2) if
  2       the person is less than 21 years of age at the time of the test request and
  3       submits to and completes the test or tests and the test results show an
  4       alcohol concentration of .02 or greater, the person's driving privileges will
  5       be suspended for at least 30 days upon the first occurrence and for at
  6       least 90 days upon a second or subsequent occurrence.
  7             (c) Any suspension and restriction of driving privileges pursuant to
  8       this section shall be in addition to any disqualification from driving a
  9       commercial motor vehicle pursuant to K.S.A. 8-2,142 and amendments
10       thereto.
11             (d) Whenever a breath or blood alcohol test is requested pursuant to
12       K.S.A. 8-1001 and amendments thereto, from a person less than 21 years
13       of age, and results in a test result of .02 or greater, but less than .08, a
14       law enforcement officer's certification under this section shall be pre-
15       pared. The certification required by this section shall be signed by one
16       or more officers to certify that:
17             (1)  (A) There existed reasonable grounds to believe the person was
18       operating a vehicle while under the influence of alcohol or drugs, or both,
19       or to believe that the person had been driving a commercial motor ve-
20       hicle, as defined in K.S.A. 8-2,128 and amendments thereto, while having
21       alcohol or other drugs in such person's system; (B) the person had been
22       placed under arrest, was in custody or had been involved in a vehicle
23       accident or collision; (C) a law enforcement officer had presented the
24       person with the oral and written notice required by K.S.A. 8-1001 and
25       amendments thereto, and the oral and written notice required by this
26       section; (D) that the person was less than 21 years of age at the time of
27       the test request; and (E) the result of the test showed that the person
28       had an alcohol concentration of .02 or greater in such person's blood or
29       breath.
30             (2) With regard to a breath test, in addition to those matters required
31       to be certified under subsection (d)(1), that: (A) The testing equipment
32       used was certified by the Kansas department of health and environment;
33       (B) the testing procedures used were in accordance with the require-
34       ments set out by the Kansas department of health and environment; and
35       (C) the person who operated the testing equipment was certified by the
36       Kansas department of health and environment to operate such
37       equipment.
38             (e) If a hearing is requested as a result of a law enforcement officer's
39       certification under this section, the scope of the hearing shall be limited
40       to whether: (1) A law enforcement officer had reasonable grounds to
41       believe the person was operating a vehicle while under the influence of
42       alcohol or drugs, or both, or to believe that the person had been driving
43       a commercial motor vehicle, as defined in K.S.A. 8-2,128 and amend-

HB 2317--Am.

10

  1       ments thereto, while having alcohol or other drugs in such person's sys-
  2       tem; (2) the person was in custody or arrested for an alcohol or drug
  3       related offense or was involved in a motor vehicle accident or collision
  4       resulting in property damage, personal injury or death; (3) a law enforce-
  5       ment officer had presented the person with the oral and written notice
  6       required by K.S.A. 8-1001 and amendments thereto, and the oral and
  7       written notice required by this section; (4) the testing equipment used
  8       was reliable; (5) the person who operated the testing equipment was
  9       qualified; (6) the testing procedures used were reliable; (7) the test result
10       determined that the person had an alcohol concentration of .02 or greater
11       in such person's blood or breath; (8) the person was operating a vehicle;
12       and (9) the person was less than 21 years of age at the time a test was
13       requested.
14             (f) If a person less than 21 years of age submits to a breath or blood
15       alcohol test requested pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and
16       amendments thereto, and produces a test result of .02 or greater, but less
17       than .08, the person's driving privileges upon the first occurrence shall
18       be suspended for 30 days and upon a second or subsequent occurrence
19       shall be suspended for 90 days one year or if such person has entered a
20       diversion agreement under K.S.A. 12-4412, et seq., and amendments
21       thereto, or K.S.A. 22-2906, et seq., and amendments thereto, for the term
22       of such diversion agreement.
23             (g) Except where there is a conflict between this section and K.S.A.
24       8-1001 and 8-1002 and amendments thereto, the provisions of K.S.A. 8-
25       1001 and 8-1002 and amendments thereto, shall be applicable to pro-
26       ceedings under this section.
27             (h) Any determination under this section that a person less than 21
28       years of age had a test result of .02 or greater, but less than .08, and any
29       resulting administrative action upon the person's driving privileges, upon
30       the first occurrence of such test result and administrative action, shall not
31       be considered by any insurance company in determining the rate charged
32       for any automobile liability insurance policy or whether to cancel any such
33       policy under the provisions of subsection (4)(a) of K.S.A. 40-277 and
34       amendments thereto.
35             (i) The provisions of this section shall take effect on and after January
36       1, 1997.  
37       Sec.  6. 7. K.S.A. 8-235d and K.S.A. 1998 Supp. 8-237, 8-239, 8-
38       296, 8-1014 and 8-1567a are hereby repealed.
39        Sec.  7. 8. This act shall take effect and be in force from and after its
40       publication in the statute book.