Ch. 141             1997 Session Laws of Kansas             815

Chapter 141

HOUSE BILL No. 2167

An Act concerning driver's licenses and nondriver identification cards; amending K.S.A.
1996 Supp. 8-260 and 8-1327 and repealing the existing sections.

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

Section 1. K.S.A. 1996 Supp. 8-260 is hereby amended to read as
follows: 8-260. (a) It shall be unlawful for any person, for any purpose,
to:

(1) Display or cause or permit to be displayed or have in possession
any canceled, revoked, suspended, fictitious or fraudulently altered
driver's license.

(2) Lend any driver's license to any other person or knowingly permit
the use thereof by another.

(3) Display or represent as the person's own, any driver's license not
issued to the person.

(4) Fail or refuse to surrender to the division upon its lawful demand
any driver's license which has been suspended, revoked, or canceled.

(5) Use a false or fictitious name in any application for a driver's
license, or any renewal or replacement thereof, or knowingly conceal a
material fact, or otherwise commit a fraud in any such application.

(6) Permit any unlawful use of a driver's license issued to the person.

(7) Photograph, photostat, duplicate or in any way reproduce any
driver's license or facsimile thereof in such a manner that it could be
mistaken for a valid driver's license or display or have in possession any
such photograph, photostat, duplicate, reproduction or facsimile unless
authorized by law.

(8) Display or possess any photograph, photostat, duplicate or facsim-
ile of a driver's license unless authorized by law.

(9) Display or cause or permit to be displayed any canceled, revoked
or suspended driver's license.

(b) Violation of paragraphs (1) or (9) of subsection (a) is a class B
nonperson misdemeanor.
Violation of paragraphs (2), (3), (4), (6), (7) or
(8) of subsection (a) is a class A nonperson misdemeanor. Violation of
paragraphs (1) or paragraph (5) of subsection (a) is a severity level 9,
nonperson felony.

(c) It shall be unlawful for any person to:

(1) Lend any driver's license to or knowingly permit the use of any
driver's license by any person under 21 years of age for use in the purchase
of any alcoholic liquor.

(2) Lend any driver's license to or knowingly permit the use of any
driver's license by a person under the legal age for consumption of cereal
malt beverage for use in the purchase of any cereal malt beverage.

(3) Lend any driver's license, nondriver's identification card or other

816             1997 Session Laws of Kansas             Ch. 141

form of identification to aid another person in wrongfully obtaining a
driver's license or replacement driver's license.

(4) Display or cause to be displayed or have in possession any ficti-
tious or fraudulently altered driver's license by any person under 21 years
of age for use in the purchase of any alcoholic liquor or cereal malt
beverage.

(d) Violation of any provision of subsection (c) is a class A
misdemeanor.

(d) (1) Upon a first conviction of a violation of any provision of sub-
section (c) a person shall be guilty of a class B nonperson misdemeanor
and shall be sentenced to not less than 100 hours of public service and
fined not less than $200 nor more than $500.

(2) On a second or subsequent conviction of a violation of any pro-
vision of subsection (c), a person shall be guilty of a class A nonperson
misdemeanor.

(e) The provisions of this section shall apply to any driver's license,
nondriver's identification card or other form of identification whether
issued under the laws of this state or issued under the laws of another
state or jurisdiction.

Sec. 2. K.S.A. 1996 Supp. 8-1327 is hereby amended to read as fol-
lows: 8-1327. (a) It shall be unlawful for any person, for any purpose, to:

(1) Display, cause or permit to be displayed, or have in possession,
any canceled, fictitious, fraudulently altered or fraudulently obtained
identification card.

(2) Lend any identification card to any other person or knowingly
permit the use thereof by another.

(3) Display or represent any identification card not issued to the per-
son as being the person's card.

(4) Permit any unlawful use of an identification card issued to the
person.

(5) Do any act forbidden or fail to perform any act required by this
act
Use a false or fictitious name in any application for an identification
card, or any renewal or replacement thereof, or knowingly conceal a ma-
terial fact or otherwise commit a fraud in any such application
.

(6) Display or possess any photograph, photostat, duplicate, repro-
duction or facsimile of an identification card unless authorized by the
provisions of this act.

(7) Photograph, photostat, duplicate or in any way reproduce any
identification card or facsimile thereof in such a manner that it could be
mistaken for a valid identification card or display or have in possession
any such photograph, photostat, duplicate, reproduction or facsimile un-
less authorized by law.

(8) Fail or refuse to surrender to the division upon its lawful demand
any identification card which has been canceled.

Ch. 141             1997 Session Laws of Kansas             817

(9) Display or cause or permit to be displayed any canceled identifi-
cation card.

(b) Violation of paragraphs (1) or (9) of subsection (a) is a class B
nonperson misdemeanor.
Violation of any provision paragraphs (2), (3),
(4), (6), (7) or (8)
of subsection (a) is a class B A nonperson misdemeanor.
Violation of paragraph (5) of subsection (a) is a severity level 9, nonperson
felony.

(c) It shall be unlawful for any person to:

(1) Lend any identification card to or knowingly permit the use of
any identification card by any person under 21 years of age for use in the
purchase of any alcoholic liquor.

(2) Lend any identification card to or knowingly permit the use of
any identification card by any person under the legal age for consumption
of cereal malt beverage for use in the purchase of any cereal malt
beverage.

(3) Lend any identification card, driver's license or other form of
identification to aid another person in obtaining an identification card or
replacement identification card.

(4) Display or cause to be displayed or have in possession any ficti-
tious or fraudulently altered identification card by any person under 21
years of age for use in the purchase of any alcoholic liquor or cereal malt
beverage.

(d) Violation of any provision of subsection (c) is a class A misde-
meanor.

(d) (1) Upon a first conviction of a violation of any provision of sub-
section (c) a person shall be guilty of a class B nonperson misdemeanor
and shall be sentenced to not less than 100 hours of public service and
fined not less than $200 nor more than $500.

(2) On a second or subsequent conviction of a violation of any pro-
vision of subsection (c), a person shall be guilty of a class A nonperson
misdemeanor.

(e) The provisions of this section shall apply to any identification card,
driver's license or other form of identification whether issued under the
laws of this state or issued under the laws of another state or jurisdiction.

Sec. 3. K.S.A. 1996 Supp. 8-260 and 8-1327 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 24, 1997.

Published in the Kansas Register: May 1, 1997.