Session of 2000
HOUSE BILL No. 2986
By Committee on Federal and State Affairs
2-14
10 AN ACT relating
to crimes and punishments; concerning the theft of
11 motor fuel; penalties;
amending K.S.A. 1999 Supp. 8-255 and repeal-
12 ing the existing
section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 New Section
1. (a) Any person who leaves the premises of an estab-
16 lishment at which motor fuel offered for
retail sale was dispensed into
17 the fuel tank of a motor vehicle by driving
away in that motor vehicle
18 without having made due payment or
authorized charge for the motor
19 fuel so dispensed, with the intent to
defraud the retail establishment,
20 upon conviction, shall be guilty of a class
A nonperson misdemeanor and
21 upon any subsequent conviction, the
division shall:
22 (1) Upon a
person's second conviction, suspend the person's driving
23 privileges for six months; and
24 (2) upon a
person's third or subsequent conviction, suspend the per-
25 son's driving privileges for one year.
26 (b) Any person
whose driving privileges have been suspended under
27 subsection (a), shall pay a reinstatement
fee in the amount of $100 to the
28 division. The division of vehicles shall,
at least monthly, deposit such fees
29 with the state treasurer, who shall credit
such moneys to the state highway
30 fund.
31 (c) As used in
this section:
32 (1) ``Division''
means the division of vehicles of the department of
33 revenue;
34
(2) ``conviction'' means a final conviction without regard
whether sen-
35 tence was suspended or probation granted
after such conviction. Forfei-
36 ture of bail, bond or collateral deposited
to secure a defendant's appear-
37 ance in court, which forfeiture has not
been vacated, shall be equivalent
38 to a conviction.
39 Sec.
2. K.S.A. 1999 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
2
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, and section
19 1, and amendments thereto, and shall
disqualify a person's privilege to
20 drive commercial motor vehicles when
required by K.S.A. 8-2,142, and
21 amendments 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
3
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.
4
1 Sec. 3. K.S.A. 1999 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.