Session of 1999
         
HOUSE BILL No. 2391
         
By Committee on Transportation
          
2-10
          
  9             AN  ACT concerning driving privileges; imposing school completion or
10             attendance requirements upon certain persons as a condition of li-
11             censing for the privilege of operating a motor vehicle; amending K.S.A.
12             1998 Supp. 8-255 and repealing the existing section.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             New Section  1. (a) The division of vehicles of the department of
16       revenue shall not issue any driver's license under the provisions of K.S.A.
17       8-237, or 8-2,147, and amendments thereto, farm permit under the pro-
18       visions of K.S.A. 1998 Supp. 8-296, and amendments thereto, or instruc-
19       tion permit under the provisions of K.S.A. 8-239, and amendments
20       thereto, for the operation of a motor vehicle to any person who is less
21       than 18 years of age and who, at the time of making application for such
22       license or permit, does not submit documentation that the person holds
23       a diploma or other certificate of graduation issued to the person from a
24       secondary school of this state or any other state, or that the person holds
25       a general educational development (GED) certificate from a state ap-
26       proved institution or organization, or that the person: (1) Is enrolled in,
27       attending and making satisfactory progress in school; or (2) is excused
28       from such requirement due to circumstances beyond such person's
29       control.
30             (b) Upon request, an attendance director or principal shall provide
31       documentation of enrollment and attendance status on a form approved
32       by the state board of education to any prospective student driver who is
33       properly enrolled in and attending a school under the jurisdiction of such
34       attendance director or principal for submission to the division of vehicles
35       on application for or reinstatement of a driver's license or an instruction
36       permit to operate a motor vehicle. Whenever a student driver withdraws
37       from school, except as provided in subsection (c), the attendance director
38       or principal shall notify the division of vehicles of such withdrawal. Within
39       10 days of receipt of such notice, the division of vehicles shall send notice
40       to the student driver that the student driver's driving privileges will be
41       suspended on the 30th day following the date the notice was sent unless
42       the documentation required under the provisions of this section is re-
43       ceived by the division of vehicles before such time.

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  1             (c) Whenever withdrawal from school of a student driver, or such
  2       student driver's failure to enroll in and attend school, is beyond the con-
  3       trol of the student driver, or is for the purpose of transfer to another
  4       school as confirmed in writing by the student driver's parent or guardian,
  5       no notice shall be sent to the division of vehicles to suspend the student
  6       driver's driving privileges. The attendance director or principal shall pro-
  7       vide the student driver with documentation to present to the division of
  8       vehicles to excuse such student driver from the school attendance require-
  9       ments of this section. A school district superintendent or a like official of
10       any school, with the assistance of any other staff or school personnel, shall
11       be the sole judge of whether withdrawal from school is due to circum-
12       stances beyond the control of a student driver. Suspension or expulsion
13       from school or imprisonment in a jail or a penitentiary is not a circum-
14       stance beyond the control of a student driver.
15             (d) For the purposes of this section:
16             (1) "Student driver" means a person who is: (A) At least 14 years of
17       age and less than 18 years of age; and (B) properly enrolled in and at-
18       tending school or excused from the school attendance requirements of
19       this section;
20             (2) "school" means:
21             (A) A public or nonpublic school operating in this state and attend-
22       ance at which satisfies the requirements of K.S.A. 72-1111, and amend-
23       ments thereto; (B) a special education program provided for under the
24       laws of this state; (C) an area vocational school or area vocational-technical
25       school; (D) a program of instruction designed to prepare persons for
26       general educational development (GED) examinations and credentials;
27       (E) an adult basic education program established and operating under
28       the laws of this state; (F) a regularly supervised program of instruction
29       approved by the state board of education under subsection (e) of K.S.A.
30       72-1111, and amendments thereto; (G) a community college organized
31       and operating under the laws of this state; (H) a technical college organ-
32       ized and operating under the laws of this state; (I) the job preparation,
33       training and education component of the KanWork program; or (J) a
34       proprietary school operating under a certificate of approval issued by the
35       state board of education;
36             (3) "withdrawal from school" or "withdraws from school" means
37       more than 10 consecutive or 15 days total unexcused absences from
38       school during a single semester or other term.
39             Sec.  2. K.S.A. 1998 Supp. 8-255 is hereby amended to read as fol-
40       lows: 8-255. (a) The division is authorized to suspend or revoke a person's
41       driving privileges upon a showing by its records or other sufficient evi-
42       dence the person:
43             (1) Has been convicted with such frequency of serious offenses

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  1       against traffic regulations governing the movement of vehicles as to in-
  2       dicate a disrespect for traffic laws and a disregard for the safety of other
  3       persons on the highways;
  4             (2) has been convicted of three or more moving traffic violations com-
  5       mitted on separate occasions within a 12-month period;
  6             (3) is incompetent to drive a motor vehicle;
  7             (4) has been convicted of a moving traffic violation, committed at a
  8       time when the person's driving privileges were suspended or revoked; or
  9             (5) is a member of the armed forces of the United States stationed
10       at a military installation located in the state of Kansas, and the authorities
11       of the military establishment certify that such person's on-base driving
12       privileges have been suspended, by action of the proper military author-
13       ities, for violating the rules and regulations of the military installation
14       governing the movement of vehicular traffic or for any other reason re-
15       lating to the person's inability to exercise ordinary and reasonable control
16       in the operation of a motor vehicle.
17             (b) The division shall suspend a person's driving privileges when re-
18       quired by K.S.A. 8-262 or 8-1014, and amendments thereto, or section 1,
19       and amendments thereto, and shall disqualify a person's privilege to drive
20       commercial motor vehicles when required by K.S.A. 8-2,142, and amend-
21       ments thereto.
22             (c) When the action by the division suspending, revoking or disqual-
23       ifying a person's driving privileges is based upon a report of a conviction
24       or convictions from a convicting court, the person may not request a
25       hearing but, within 30 days after notice of suspension, revocation or dis-
26       qualification is mailed, may submit a written request for administrative
27       review and provide evidence to the division to show the person whose
28       driving privileges have been suspended, revoked or disqualified by the
29       division was not convicted of the offense upon which the suspension,
30       revocation or disqualification is based. Within 30 days of its receipt of the
31       request for administrative review, the division shall notify the person
32       whether the suspension, revocation or disqualification has been affirmed
33       or set aside. The request for administrative review shall not stay any action
34       taken by the division.
35             (d) Upon suspending, revoking or disqualifying the driving privileges
36       of any person as authorized by this act, the division shall immediately
37       notify the person in writing. Except as provided by K.S.A. 8-1002 and 8-
38       2,145, and amendments thereto, and subsection (c) of this section, if the
39       person makes a written request for hearing within 30 days after such
40       notice of suspension or revocation is mailed, the division shall afford the
41       person an opportunity for a hearing as early as practical not sooner than
42       five days nor more than 30 days after such request is mailed. If the division
43       has not revoked or suspended the person's driving privileges or vehicle

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  1       registration prior to the hearing, the hearing may be held within not to
  2       exceed 45 days. Except as provided by K.S.A. 8-1002 and 8-2,145, and
  3       amendments thereto, the hearing shall be held in the person's county of
  4       residence or a county adjacent thereto, unless the division and the person
  5       agree that the hearing may be held in some other county. Upon the
  6       hearing, the director or the director's duly authorized agent may admin-
  7       ister oaths and may issue subpoenas for the attendance of witnesses and
  8       the production of relevant books and papers and may require an exami-
  9       nation or reexamination of the person. When the action proposed or taken
10       by the division is authorized but not required, the division, upon the
11       hearing, shall either rescind or affirm its order of suspension or revocation
12       or, good cause appearing therefor, extend the suspension of the person's
13       driving privileges, modify the terms of the suspension or revoke the per-
14       son's driving privileges. When the action proposed or taken by the division
15       is required, the division, upon the hearing, shall either affirm its order of
16       suspension, revocation or disqualification, or, good cause appearing there-
17       for, dismiss the administrative action. If the person fails to request a
18       hearing within the time prescribed or if, after a hearing, the order of
19       suspension, revocation or disqualification is upheld, the person shall sur-
20       render to the division, upon proper demand, any driver's license in the
21       person's possession.
22             (e) In case of failure on the part of any person to comply with any
23       subpoena issued in behalf of the division or the refusal of any witness to
24       testify to any matters regarding which the witness may be lawfully inter-
25       rogated, the district court of any county, on application of the division,
26       may compel obedience by proceedings for contempt, as in the case of
27       disobedience of the requirements of a subpoena issued from the court or
28       a refusal to testify in the court. Each witness who appears before the
29       director or the director's duly authorized agent by order or subpoena,
30       other than an officer or employee of the state or of a political subdivision
31       of the state, shall receive for the witness' attendance the fees and mileage
32       provided for witnesses in civil cases in courts of record, which shall be
33       audited and paid upon the presentation of proper vouchers sworn to by
34       the witness.
35             (f) The division, in the interest of traffic and safety, may establish
36       driver improvement clinics throughout the state and, upon reviewing the
37       driving record of a person whose driving privileges are subject to suspen-
38       sion under subsection (a)(2), may permit the person to retain such per-
39       son's driving privileges by attending a driver improvement clinic. A person
40       who is required to attend a driver improvement clinic shall pay a fee of
41       $15. Amounts received under this subsection shall be remitted at least
42       monthly to the state treasurer who shall deposit the same in the state
43       treasury and shall be credited to the division of vehicles operating fund. 

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  1       Sec.  3. K.S.A. 1998 Supp. 8-255 is hereby repealed.
  2        Sec.  4. This act shall take effect and be in force from and after its
  3       publication in the statute book.