An Act relating to motor vehicles; concerning certain authorized emergency vehicles; amending K.S.A. 1995 Supp. 8-1404, 8-1568, 8-2010 and 8-2010a and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1995 Supp. 8-1404 is hereby amended to read as follows: 8-1404. ``Authorized emergency vehicle'' means such fire de- partment vehicles or police bicycles or police vehicles which are publicly owned; motor vehicles operated by ambulance services licensed as am- bulances by the permitted by the emergency medical services board under the provisions of K.S.A. 65-6101 et seq., and amendments thereto; and such other publicly or privately owned vehicles which are designated as emergency vehicles pursuant to K.S.A. 8-2010, and amendments thereto.

[awSec. 2. K.S.A. 1995 Supp. 8-1568 is hereby amended to read as fol- lows: 8-1568. (a) Any driver of a motor vehicle who willfully fails or refuses to bring such driver's vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty as provided by subsection (b). The signal given by the police officer may be by hand, voice, emergency light or siren. The officer giving such signal shall be in uniform, prominently displaying such officer's badge of office, and the officer's vehicle or bicycle shall be appropriately marked showing it to be an official police vehicle or police bicycle.

(b) (1) Every person convicted of violating subsection (a), upon a first conviction, shall be guilty of a class B nonperson misdemeanor.

(2) Every person convicted of violating subsection (a), upon a second conviction of such subsection, shall be guilty of a class A nonperson mis- demeanor.

(3) Every person convicted of violating subsection (a), upon a third or subsequent conviction of such subsection, shall be guilty of a severity level 9, person felony.

(4) For the purpose of this section ``conviction'' means a final convic- tion without regard whether sentence was suspended or probation granted after such conviction. Forfeiture of bail, bond or collateral de- posited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.

Sec. 3. K.S.A. 1995 Supp. 8-2010 is hereby amended to read as fol- lows: 8-2010. (a) Any particular vehicle listed in subsection (b) of K.S.A. 1994 Supp. 8-2010a, and amendments thereto, shall be designated, by the board of county commissioners in which such vehicle is located, as an authorized emergency vehicle upon the filing of an application pur- suant to K.S.A. 1994 Supp. 8-2010a, and amendments thereto and a find- ing that designation of such vehicle is necessary to the preservation of life or property or to the execution of emergency governmental functions. The designation shall be in writing and the written designation shall be carried in the vehicle at all times, but failure to carry the written desig- nation shall not affect the status of the vehicle as an authorized emergency vehicle.

(b) Any vehicle designated as an authorized emergency vehicle prior to the effective date of this act, may continue to operate as an authorized emergency vehicle, as long as: (1) The ownership of such vehicle re- mains unchanged; and (2) the use of such vehicle for purposes for which such vehicle was designated remains unchanged, except that all future operation of such vehicle as an authorized emergency vehicle shall be in accordance with this section and such other applicable provisions of law.

(c) Fire department vehicles or police vehicles which are publicly owned, and motor vehicles operated by ambulance services licensed as ambulances permitted by the emergency medical services board under the provisions of K.S.A. 65-6101 et seq., and amendments thereto, shall not be required to be designated by the board of county commissioners as authorized emergency vehicles.

(d) Any vehicle designated under the provisions of this section, as an authorized emergency vehicle in the county in which such vehicle is lo- cated, shall be a valid designation of such vehicle in any other county and such vehicle shall be authorized to operate as an authorized emergency vehicle without being required to obtain any additional designation in any other county.

Sec. 4. K.S.A. 1995 Supp. 8-2010a is hereby amended to read as follows: 8-2010a. (a) An application for the designation of a vehicle as an authorized emergency vehicle pursuant to K.S.A. 8-2010, and amend- ments thereto, shall be submitted to the board of county commissioners in the county in which such vehicle is located and shall be completed and signed: (1) By the individual applicant;

(2) if a partnership, by a member of the partnership or an authorized agent; or

(3) if a corporation or municipality, by an officer or authorized agent of the corporation or municipality.

(b) The following vehicles, upon approval by the board of county commissioners, may be designated as emergency vehicles:

(1) Wreckers;

(2) civil defense vehicles;

(3) emergency vehicles operated by public utilities;

(4) the privately owned vehicles of firemen firefighters or volunteer firemen firefighters; or

(5) the privately owned vehicles of police officers.; or

(6) any other vehicle, when it is determined by the board of county commissioners that such designation is necessary to the preservation of life or property or carrying out of emergency governmental functions.

Sec. 5. K.S.A. 1995 Supp. 8-1404, 8-1568, 8-2010 and 8-2010a are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 20, 1996.