CHAPTER 124
SENATE BILL No. 38
An  Act concerning schools and school districts; requiring suspension or revocation of
driver's licenses and driving privileges of pupils upon expulsion or extended-term sus-
pension for certain reasons; revising the definition of weapon under the weapon-free
schools act; amending K.S.A. 1998 Supp. 72-89a01 and repealing the existing section.

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

      New Section  1. As used in sections 1 and 2, and amendments
thereto:

      (a) ``Board of education'' means the board of education of a unified
school district or the governing authority of an accredited nonpublic
school.

      (b) ``School'' means a public school or an accredited nonpublic school.

      (c) ``Public school'' means a school operated by a unified school dis-
trict organized under the laws of this state.

      (d) ``Accredited nonpublic school'' means a nonpublic school partic-
ipating in the quality performance accreditation system.

      (e) ``Chief administrative officer of a school'' means, in the case of a
public school, the superintendent of schools or a designee of the super-
intendent and, in the case of an accredited nonpublic school, the person
designated as chief administrative officer by the governing authority of
the school.

      (f) ``Weapon'' means (1) any weapon which will or is designed to or
may readily be converted to expel a projectile by the action of an explo-
sive; (2) the frame or receiver of any weapon described in the preceding
example; (3) any firearm muffler or firearm silencer; (4) any explosive,
incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a
propellant charge of more than four ounces, (D) missile having an explo-
sive or incendiary charge of more than 1/4 ounce (E) mine, or (F) similar
device; (5) any weapon which will, or which may be readily converted to,
expel a projectile by the action of an explosive or other propellant, and
which has any barrel with a bore of more than 1/2 inch in diameter; (6)
any combination of parts either designed or intended for use in converting
any device into any destructive device described in the two immediately
preceding examples, and from which a destructive device may be readily
assembled; (7) any bludgeon, sandclub, metal knuckles or throwing star;
(8) any knife, commonly referred to as a switch-blade, which has a blade
that opens automatically by hand pressure applied to a button, spring or
other device in the handle of the knife, or any knife having a blade that
opens or falls or is ejected into position by the force of gravity or by an
outward, downward or centrifugal thrust or movement. The term
``weapon'' does not include within its meaning (1) an antique firearm; (2)
any device which is neither designed nor redesigned for use as a weapon;
(3) any device, although originally designed for use as a weapon, which
is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or
similar device; (4) surplus ordinance sold, loaned, or given by the secre-
tary of the army pursuant to the provisions of section 4684(2), 4685, or
4686 of title 10 of the United States Code; (5) class C common fireworks.

      (g) ``Controlled substance'' has the meaning ascribed thereto in
K.S.A. 65-4101, and amendments thereto.

      (h) ``Illegal drug'' means a controlled substance but does not include
such a substance that is legally possessed or used under the supervision
of a licensed health-care professional or that is legally possessed or used
under authority of any federal or state law.

      New Sec.  2. (a) Whenever a pupil who has attained the age of 13
years has been expelled from school or suspended for an extended term
in accordance with the statutory provisions contained in articles 89 or 89a
of chapter 72 of Kansas Statutes Annotated, and such expulsion or ex-
tended-term suspension was imposed upon the pupil for:

      (1) Possession of a weapon at school, upon school property, or at a
school-supervised activity; or

      (2) possession, use, sale or distribution of an illegal drug or a con-
trolled substance at school, upon school property, or at a school-super-
vised activity; or

      (3) behavior at school, upon school property, or at a school-supervised
activity, which resulted in, or was substantially likely to have resulted in,
serious bodily injury to others, the chief administrative officer of the
school from which the pupil was expelled or suspended shall give written
notice to the division of vehicles of the department of revenue of the
expulsion or suspension of the pupil. The notice of expulsion or suspen-
sion shall be given to the division of vehicles within three days, excluding
holidays and weekends, after imposition of the expulsion or suspension
and shall include the pupil's name, address, date of birth, driver's license
number, if available, and the reason or reasons for the expulsion or sus-
pension. Upon receipt of notification of the suspension or expulsion of a
pupil from school as provided in this section, the division of vehicles shall
suspend the pupil's driver's license or privilege to operate a motor vehicle
on the streets and highways of this state. The duration of the suspension
shall be for a period of one year. Upon expiration of the period of sus-
pension, the pupil may apply to the division for return of the license. If
the license has expired, the pupil may apply for a new license, which shall
be issued promptly upon payment of the proper fee and satisfaction of
other conditions established by law for obtaining a license unless another
suspension or revocation of the pupil's privilege to operate a motor vehicle
is in effect.

      (b) If a pupil who is expelled or suspended from school as provided
in this section does not have a driver's license, the pupil's driving privi-
leges shall be revoked. No Kansas driver's license shall be issued to a
pupil whose driving privileges have been revoked pursuant to this sub-
section for a period of one year:

      (1) Immediately following the date of receipt by the division of no-
tification of the pupil's expulsion or suspension, if the pupil is eligible to
apply for a driver's license; or

      (2) after the date the pupil will be eligible to apply for a driver's
license, if the pupil is not eligible to apply for a driver's license on the
date of receipt of the notification.

      (c) If the pupil's driving privileges have been revoked, suspended or
canceled for another cause, the suspension or revocation required by this
section shall apply consecutively to the previous revocation, suspension
or cancellation.

      (d) For the purposes of this section, the term driver's license includes,
in addition to any commercial driver's license and any class A, B, C or M
driver's license, any restricted license issued under K.S.A. 8-237, and
amendments thereto, any instruction permit issued under K.S.A. 8-239,
and amendments thereto, and any farm permit issued under K.S.A. 8-
296, and amendments thereto.

      Sec.  3. K.S.A. 1998 Supp. 72-89a01 is hereby amended to read as
follows: 72-89a01. As used in this act:

      (a) ``Board of education'' means the board of education of a unified
school district or the governing authority of an accredited nonpublic
school.

      (b) ``School'' means a public school or an accredited nonpublic school.

      (c) ``Public school'' means a school operated by a unified school dis-
trict organized under the laws of this state.

      (d) ``Accredited nonpublic school'' means a nonpublic school partic-
ipating in the quality performance accreditation system.

      (e) ``Chief administrative officer of a school'' means, in the case of a
public school, the superintendent of schools and, in the case of an ac-
credited nonpublic school, the person designated as chief administrative
officer by the governing authority of the school.

      (f) ``Federal law'' means the individuals with disabilities education
act, section 504 of the rehabilitation act, the gun-free schools act of 1994,
and regulations adopted pursuant to such acts.

      (g) ``Secretary of education'' means the secretary of the United States
department of education.

      (h) ``Weapon'' means (1) any weapon which will or is designed to or
may readily be converted to expel a projectile by the action of an explo-
sive; (2) the frame or receiver of any weapon described in the preceding
example; (3) any firearm muffler or firearm silencer; (4) any explosive,
incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a
propellant charge of more than four ounces, (D) missile having an explo-
sive or incendiary charge of more than 1/4 ounce (E) mine, or (F) similar
device; (5) any weapon which will, or which may be readily converted to,
expel a projectile by the action of an explosive or other propellant, and
which has any barrel with a bore of more than 1/2 inch in diameter; (6)
any combination of parts either designed or intended for use in converting
any device into any destructive device described in the two immediately
preceding examples, and from which a destructive device may be readily
assembled; (7) any bludgeon, sandclub, metal knuckles or throwing star;
(8) any knife, commonly referred to as a switch-blade, which has a blade
that opens automatically by hand pressure applied to a button, spring or
other device in the handle of the knife, or any knife having a blade that
opens or falls or is ejected into position by the force of gravity or by an
outward, downward or centrifugal thrust or movement. The term
``weapon'' does not include within its meaning (1) an antique firearm; (2)
a rifle which the owner intends to use solely for sporting, recreational, or
cultural purposes; (3) any device which is neither designed nor redesigned
for use as a weapon; (4) (3) any device, although originally designed for
use as a weapon, which is redesigned for use as a signaling, pyrotechnic,
line throwing, safety, or similar device; (5) (4) surplus ordinance sold,
loaned, or given by the secretary of the army pursuant to the provisions
of section 4684(2), 4685, or 4686 of title 10 of the United States Code;
(6) (5) class C common fireworks.

 Sec.  4. K.S.A. 1998 Supp. 72-89a01 is hereby repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 25, 1999.
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