Kansas Session Laws Chapter 125

CHAPTER 125 SENATE BILL No. 51 (Amends Chapter 29) (Amended by Chapter 169) An Act relating to motor vehicles; amending K.S.A. 8-132, 8-161, 8-162, 8-1,139 and 8-
235d and K.S.A. 1998 Supp. 8-133, 8-177a, 8-177c, 8-1,140, 8-1,141, 8-1,142, 8-1,145,
8-1,146, 8-237, 8-239, 8-296, 8-1014, 8-1567a and 74-2012 and repealing the existing
sections; also repealing K.S.A. 1998 Supp. 8-1,141, as amended by section 1 of 1999
House Bill No. 2094.
Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) On and after July 1, 1999, any owner or lessee of
one or more passenger vehicles or trucks registered for a gross weight of
not more than 20,000 pounds who is a resident of Kansas, upon compli-
ance with the provisions of this section, may be issued one children's trust
fund license plate for each such passenger vehicle or truck. Such license
plates shall be issued for the same time as other license plates upon
proper registration and payment of the regular license fee as provided in
K.S.A. 8-143, and amendments thereto, and the presentation of the an-
nual logo use authorization statement provided for in subsection (b).

(b) The advisory committee on children and families established in
K.S.A. 38-1901, and amendments thereto, may authorize the use of their
logo to be affixed on license plates as provided by this section. Any royalty
payment to such committee derived from this section shall be credited
to the family and children trust account of the family and children in-
vestment fund, established in K.S.A. 38-1808, and amendments thereto,
and, shall be used in accordance with the provisions of paragraph (2) of
subsection (c) of K.S.A. 38-1808, and amendments thereto. Any motor
vehicle owner or lessee may annually apply to the committee for the use
of such logo. Upon annual application and payment to the committee in
an amount of not less than $25 nor more than $100 as a logo use royalty
payment for each children's trust fund plate to be issued, the committee
shall issue to the motor vehicle owner or lessee, without further charge,
a logo use authorization statement, which shall be presented by the motor
vehicle owner or lessee at the time of registration.

(c) Any applicant for a children's trust fund license plate may make
application for such plates not less than 60 days prior to such person's
renewal of registration date, on a form prescribed and furnished by the
director of motor vehicles, and any applicant for the children's trust fund
license plates shall provide the annual logo use authorization statement
provided for in subsection (b). Application for registration of a passenger
or truck and issuance of the license plate under this section shall be made
by the owner or lessee in a manner prescribed by the director of vehicles
upon forms furnished by the director.

(d) No registration or children's trust fund license plate issued under
this section shall be transferable to any other person.

(e) Renewals of registration under this section shall be made an-
nually, upon payment of the fee prescribed in subsection (a), in the man-
ner prescribed in subsection (b) of K.S.A. 8-132, and amendments
thereto. No renewal of registration shall be made to any applicant until
such applicant provides the annual logo use authorization statement pro-
vided for in subsection (b). If such logo use authorization statement is
not presented at the time of registration, the applicant shall be required
to comply with K.S.A. 8-143, and amendments thereto, and return the
children's trust fund license plate to the county treasurer of such person's
residence.

(f) The advisory committee on children and families shall:

(1) Pay the initial cost of silk-screening for such children's trust fund
license plates; and

(2) provide to all county treasurers a toll-free telephone number
where applicants can call the children's trust fund for information con-
cerning the application process or the status of their license plate appli-
cation.

(g) The advisory committee on children and families, with the ap-
proval of the director of vehicles and subject to the availability of materials
and equipment, shall design a plate to be issued under the provisions of
this section.

Sec. 2. On and after July 1, 1999, K.S.A. 8-132 is hereby amended
to read as follows: 8-132. (a) Subject to the provisions of this section and
K.S.A. 8-1,125, and amendments thereto, the division of vehicles shall
furnish to every owner whose vehicle shall be registered one license plate
for such vehicle. Such license plate shall have displayed on it the regis-
tration number assigned to the vehicle and to the owner thereof, the name
of the state, which may be abbreviated, and the year or years for which
it is issued. The same type of license plates shall be issued for passenger
motor vehicles, rented without a driver, as are issued for private passenger
vehicles.

(b) During calendar year 1975 commencing on the effective date of
this act, and during every fifth calendar year thereafter, the division of
vehicles, shall furnish one license plate for any type of vehicle an owner
registers or has the registration thereof renewed, but during the suc-
ceeding four-year period following calendar year 1975 and during the
succeeding four-year period following every fifth calendar year subse-
quent to 1975, the division of vehicles shall not furnish any license plate
for the renewal of a vehicle's registration. During calendar year 1976 and
during each calendar year thereafter in which a license plate is not issued
for the renewal of registration of a vehicle, the division of vehicles shall
furnish one decal for the license plate issued for a vehicle as provided in
K.S.A. 8-134, and amendments thereto, for each registration and renewal
of registration of such vehicle. Notwithstanding the foregoing provisions
of this subsection, whenever, in the discretion of the director of vehicles,
it is determined that the license plates currently being issued and dis-
played are not deteriorating to the extent that their replacement is war-
ranted, the director may adopt rules and regulations to extend the five-
year issuance cycle provided for in this subsection by one year at a time,
and in the same manner the director may further extend such cycle by
one year at a time, successively as the director determines appropriate.
If the cycle is extended, at the expiration of the extended term, new
license plates shall again be issued in the manner and for the term pro-
vided in such rules and regulations.

(c) Two personalized license plates may be issued to any owner or
lessee of a passenger vehicle or a truck licensed for a gross weight of not
more than ~~16,000~~ 20,000 pounds, who makes proper application to the
division of vehicles not less than 60 days prior to such owner's or lessee's
renewal of registration date. Such application shall be on a form pre-
scribed by the division and accompanied by a fee of $40, which shall be
in addition to any other fee required to renew the registration of such
passenger vehicle under the laws of this state. One such personalized
license plate shall be displayed on the rear of the vehicle and the other
shall be displayed on the front of the vehicle. One personalized license
plate may be issued to any owner of a motorcycle upon proper application
in the same manner provided in this subsection (c) for passenger vehicles
and trucks. Such personalized license plate shall be displayed on the rear
of the motorcycle. ~~The changed provisions of this subsection (c) shall~~
~~become effective for all personalized license plates issued for the year~~
~~1985 and thereafter, and the provisions of this subsection (c) which are~~
~~changed shall be deemed not to be changed for license plates issued for~~
~~use prior to 1985.~~ Such fee shall be paid only once during the registration
period for which such license plates were issued, and any subsequent
renewals during the registration period shall be subject only to the reg-
istration fee prescribed by K.S.A. 8-143, and amendments thereto. The
division shall design distinctive, personalized license plates to be issued
~~hereunder~~ which shall contain not more than seven letters or numbers
on truck or passenger vehicle license plates and not more than five letters
or numbers on motorcycle license plates, or a combination thereof, to be
designated by the applicant in lieu of the letters and numbers required
by K.S.A. 8-147, and amendments thereto, other than the letters required
to designate the county in which such vehicle is registered. Unless the
letters or numbers designated by the applicant have been assigned to
another vehicle of the same type registered in the same county, or unless
the letters or numbers designated by the applicant have a profane, vulgar,
lewd or indecent meaning or connotation, as determined by the director
of vehicles, the division shall assign such letters or numbers to the appli-
cant's vehicle, and the letters or numbers, or combination thereof, so
assigned shall be deemed the registration number of such vehicle. Subject
to the foregoing provisions, all license plates issued under this section
shall be manufactured in accordance with K.S.A. 8-147, and amendments
thereto. Such license plates shall be issued for a registration period of
five years commencing in 1985 and each five years thereafter.

The secretary of revenue shall adopt rules and regulations necessary to
carry out the provisions of this act, including, without limitation, rules
and regulations concerning (1) the procedure for insuring that duplicate
license plates are not issued in the same county, (2) the procedure for
reserving distinctive license plates for the purpose of obtaining the same
on each annual renewal of registration, (3) the procedure for allowing the
transfer of personalized license plates from one vehicle to another for
which such license plates were originally issued, when the title to the
original vehicle has not been transferred and the name or names of the
owner or owners listed on the titles to both vehicles are identical, and (4)
procedures necessary to coordinate this act with other laws of this state
governing registration of vehicles. The director of vehicles shall remit all
moneys received by the division of vehicles under this section to the state
treasurer at least monthly. Upon receipt of each such remittance, the
state treasurer shall deposit the entire amount thereof in the state treasury
to the credit of the state highway fund.

Sec. 3. On and after July 1, 1999, K.S.A. 1998 Supp. 8-133 is hereby
amended to read as follows: 8-133. The license plate assigned to the
vehicle shall be attached to the rear thereof and shall be so displayed
during the current registration year or years, and no Kansas registration
plate for any other year shall appear on the front of the vehicle, except
that the license plate issued for a truck tractor shall be attached to the
front of the truck tractor and a model year license plate may be attached
to the front of an antique vehicle, in accordance with K.S.A. 8-172, and
amendments thereto. Beginning in 1985 and thereafter two personalized
license plates may be issued for passenger vehicles and trucks licensed
for a gross weight of not more than ~~16,000~~ 20,000 pounds. One such
personalized license plate shall be displayed on the rear of the vehicle
and the other shall be displayed on the front of the vehicle, but no reg-
istration decal shall be issued for any plate affixed to the front of a vehicle
pursuant to K.S.A. 8-134, and amendments thereto. Every license plate
shall at all times be securely fastened to the vehicle to which it is assigned
so as to prevent the plate from swinging, and at a height not less than 12
inches from the ground, measuring from the bottom of such plate, in a
place and position to be clearly visible, and shall be maintained free from
foreign materials and in a condition to be clearly legible. During any
period in which the construction of license plates has been suspended
pursuant to the provisions of K.S.A. 8-132, and amendments thereto, the
plate, tag, token, marker or sign assigned to such vehicle shall be attached
to and displayed on such vehicle in such place, position, manner and
condition as shall be prescribed by the director of vehicles.

Sec. 4. On and after July 1, 1999, K.S.A. 8-161 is hereby amended
to read as follows: 8-161. (a) Any disabled veteran as defined in K.S.A. 8-
160, and amendments thereto, who resides in Kansas and who makes
application to the director of vehicles on a form furnished by the director
for registration of a motor vehicle that is a passenger vehicle or a truck
with a gross weight of not more than ~~12,000~~ 20,000 pounds and is owned
or leased and used by such veteran may have such motor vehicle regis-
tered, and the director shall issue a distinctive license plate for it. Such
license plate shall be issued for the same period of time as other license
plates are issued. Such registration shall be made and such license plates
issued free of charge to the disabled veteran. The director of vehicles
shall also issue to the disabled veteran an individual identification card
which must be carried by the disabled veteran when the motor vehicle
being operated by the disabled veteran or used for the transportation of
such disabled veteran is parked in a designated accessible parking space.

(b) Any Kansas resident who owns or leases a motor vehicle and who
is responsible for the transportation of a disabled veteran or any resident
disabled veteran desiring a distinctive license plate for a vehicle other
than a motor vehicle owned or leased by the veteran may make application
to the director of vehicles for such a license plate. Such license plate shall
be issued for the same period of time as other license plates are issued.
There shall be no fee for such license plates in addition to the regular
registration fee.

(c) The director of vehicles shall design a special license plate to be
issued as provided in this act. No registration or license plates issued
under this act shall be transferable to any other person. No registration
under this act shall be made until the applicant has filed with the director
acceptable proof that the applicant is a disabled veteran as defined by
K.S.A. 8-160, and amendments thereto, or is responsible for the trans-
portation of such veteran. Motor vehicles displaying the distinctive license
plates provided for in this act shall be permitted to park in any parking
space on public or private property which is clearly marked as being
reserved for the use of persons with a disability or persons responsible
for the transportation of a person with a disability, except a parking space
on private property which is clearly marked as being reserved for the use
of a specified person with a disability, or park without charge in any
metered zone and shall be exempt from any time limitation imposed on
parking in any zone designated for parking, during the hours in which
parking is permitted in any city.

Any person who willfully and falsely represents that such person has
the qualifications to obtain the distinctive license plates provided for by
this section, or who falsely utilizes the parking privilege accorded by this
section, shall be guilty of an unclassified misdemeanor punishable by a
fine of not more than $250.

Sec. 5. On and after July 1, 1999, K.S.A. 8-162 is hereby amended
to read as follows: 8-162. ~~Owners of private~~ Any owner or lessee of one
or more passenger motor vehicles or trucks licensed for a gross weight of
not more than ~~sixteen thousand (16,000)~~ 20,000 pounds who are residents
of the state of Kansas, and who hold an unrevoked and unexpired official
amateur radio station license issued by the federal communications com-
mission, upon application, accompanied by proof of ownership of such
amateur radio station license, complying with the state motor vehicle laws
relating to registration and licensing of motor vehicles, and upon the
payment of the regular license fee for plates, as prescribed under K.S.A.
8-143, ~~or any~~ and amendments thereto, and the payment of an additional
fee of ~~one dollar ($1.00)~~ $1, shall be issued license plates as prescribed
under K.S.A. 8-147, ~~or any~~ and amendments thereto, upon which, in lieu
of the letters and numbers as prescribed by K.S.A. 8-147, and amend-
ments thereto, shall be inscribed the official amateur radio call letters of
such applicant as assigned by the federal communications commission.

Sec. 6. On and after July 1, 1999, K.S.A. 1998 Supp. 8-177a is hereby
amended to read as follows: 8-177a. (a) Any owner or lessee of one or
more passenger vehicles or trucks registered for a gross weight of not
more than ~~16,000~~ 20,000 pounds who is a resident of the state of Kansas,
and who is a regularly enlisted or retired, warrant or commissioned mem-
ber of the Kansas national guard, upon compliance with the provisions of
this section, may be issued one distinctive license plate for each such
motor vehicle or truck that is not required to be registered with the state
corporation commission designating the owner or lessee of such vehicle
as a member or retired member of the Kansas national guard. Such li-
cense plates shall be issued for the same period of time as other license
plates upon proper registration and payment of the regular license fee as
provided in K.S.A. 8-143, and amendments thereto.

(b) Any such member or retired member of the Kansas national guard
may make application for such distinctive license plates, not less than 60
days prior to such member's renewal of registration date, on a form fur-
nished by the director of vehicles, and any applicant for such distinctive
license plates shall furnish the director with such applicant's armed forces
of the United States identification card as proof that the applicant is a
member or a retired member of the Kansas national guard. Application
for the registration of passenger vehicles or trucks and issuance of the
distinctive license plates under this section shall be made by the owner
or lessee in a manner prescribed by the director of vehicles upon forms
furnished by the director.

(c) No registration or distinctive license plate issued under this sec-
tion shall be transferable to any other person.

(d) Renewals of registration under this section shall be made an-
nually, upon payment of the fee prescribed in subsection (a), in the man-
ner prescribed in subsection (b) of K.S.A. 8-132, and amendments
thereto. No renewal of registration shall be made to any applicant until
such applicant has filed with the director a form as provided in subsection
(b). If such form is not filed, the applicant shall be required to comply
with K.S.A. 8-143, and amendments thereto, and return the distinctive
license plates to the county treasurer of such person's residence.

(e) The adjutant general, with the approval of the director of vehicles
and subject to the availability of materials and equipment, shall design a
distinctive license plate for issuance to members and retired members of
the Kansas national guard.

Sec. 7. On and after July 1, 1999, K.S.A. 1998 Supp. 8-177c is hereby
amended to read as follows: 8-177c. (a) As used in this section, ``prisoner
of war'' means any person who was held as a prisoner of war while serving
in the army, navy, coast guard, air force or marine corps of the United
States in World War I or World War II or while serving with the armed
forces of the United States during the military, naval and air operations
in Korea, ~~Viet Nam~~ Vietnam or other places under the flags of the United
States and the United Nations or under the flag of the United States
alone.

(b) Any owner or lessee of a passenger vehicle or truck of gross weight
of ~~12,000~~ 20,000 pounds or less, who is a resident of the state of Kansas,
and who submits satisfactory proof to the director of vehicles, in accord-
ance with rules and regulations adopted by the secretary of revenue, that
such person is a former prisoner of war or is the surviving spouse of a
former prisoner of war, may, upon compliance with the provisions of this
section, be issued one distinctive license plate designating such person as
a prisoner of war. The license plate shall be issued for the same period
of time as other license plates are issued upon proper registration without
payment of the regular license fee as provided in K.S.A. 8-143, and
amendments thereto. Only one distinctive license plate may be issued to
any prisoner of war or surviving spouse of a prisoner of war, to be dis-
played on such a vehicle owned or leased by such person.

(c) Any prisoner of war or surviving spouse of a prisoner of war may
make application for the distinctive license plate, not less than 60 days
prior to such person's renewal of registration date, on a form prescribed
and furnished by the director of vehicles, and any applicant for the dis-
tinctive license plate shall furnish the director with such proof as the
director shall require that the applicant was a prisoner of war or is the
surviving spouse of a prisoner of war. Application for the registration of
a passenger vehicle or truck and issuance of the distinctive license plate
under the provisions of this section shall be made by the owner or lessee
in a manner prescribed by the director of vehicles upon the appropriate
form furnished by the director.

(d) Any registration or distinctive license plate issued under the au-
thority of this section shall not be transferable to any other person, except
to the surviving spouse of a prisoner of war.

(e) Renewals of registration hereunder shall be made annually, with-
out charge, in the manner prescribed in subsection (b) of K.S.A. 8-132,
and amendments thereto. No renewal of registration shall be made to
any applicant until the applicant has filed with the director a form as
provided in subsection (c). If the form is not filed, the applicant shall be
required to register the motor vehicle as provided in K.S.A. 8-143, and
amendments thereto, and return the distinctive license plate to the county
treasurer.

(f) The rights of the surviving spouse of a prisoner of war under this
section shall terminate upon remarriage of such person.

(g) Nothing in this section shall authorize the surviving spouse of a
prisoner of war to be issued a distinctive license plate under this section,
unless the deceased prisoner of war had already been issued such dis-
tinctive license plate.

Sec. 8. On and after July 1, 1999, K.S.A. 8-1,139 is hereby amended
to read as follows: 8-1,139. (a) Any owner or lessee of a passenger vehicle
or truck of a gross weight of ~~12,000~~ 20,000 pounds or less, who is a
resident of the state of Kansas, and who submits satisfactory proof to the
director of vehicles, in accordance with rules and regulations adopted by
the secretary of revenue, that such person is a survivor of the attack on
Pearl Harbor, upon compliance with the provisions of this section, may
be issued one distinctive license plate designating such person as a sur-
vivor of the attack on Pearl Harbor. Such license plate shall be issued for
the same period of time as other license plates upon proper registration
and payment of the regular license fee as provided in K.S.A. 8-143, and
amendments thereto.

(b) Any person making application for a survivor of the attack on Pearl
Harbor license plate must comply with the following:

(1) Was a member of the United States armed forces on December
7, 1941;

(2) was on station on December 7, 1941, during the hours of 7:55
a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the island of Oahu or
offshore at a distance not to exceed three miles therefrom;

(3) received an honorable discharge from the United States armed
forces; and

(4) has been approved by the chairperson of the Kansas Pearl Harbor
survivors association as being a survivor of the attack on Pearl Harbor.

(c) Any survivor of the attack on Pearl Harbor may make application
for the distinctive license plate, not less than 60 days prior to such person's
renewal of registration date, on a form prescribed and furnished by the
director of vehicles, and any application for the distinctive license plate
shall furnish the director with such proof as the director shall require that
the applicant was a survivor of the attack on Pearl Harbor. Application
for the registration of a passenger vehicle or truck and issuance of the
license plate under this section shall be made by the owner or lessee in a
manner prescribed by the director of vehicles upon forms furnished by
the director.

(d) No registration or distinctive license plate issued under the au-
thority of this section shall be transferable to any other person.

(e) Renewals of registration under this section shall be made an-
nually, upon payment of the fee prescribed in subsection (a), in the man-
ner prescribed in subsection (b) of K.S.A. 8-132, and amendments
thereto. No renewal of registration shall be made to any applicant until
such applicant has filed with the director a form as provided in subsection
(c). If such form is not filed, the applicant shall be required to comply
with K.S.A. 8-143, and amendments thereto, and return the distinctive
license plate to the county treasurer of such person's residence.

Sec. 9. On and after July 1, 1999, K.S.A. 1998 Supp. 8-1,140 is
hereby amended to read as follows: 8-1,140. (a) Any owner or lessee of
one or more passenger vehicles or trucks of a gross weight of ~~12,000~~
20,000 pounds or less, who is a resident of the state of Kansas, and who
submits satisfactory proof to the director of vehicles, in accordance with
rules and regulations adopted by the secretary of revenue, that such per-
son was awarded a purple heart medal by the United States government
for wounds received in military or naval combat against an armed enemy
of the United States, upon compliance with the provisions of this section,
may be issued one distinctive license plate for each such passenger vehicle
or truck designating such person as a recipient of the purple heart medal.
Such license plates shall be issued for the same period of time as other
license plates upon proper registration and payment of the regular license
fee as provided in K.S.A. 8-143, and amendments thereto.

(b) Any recipient of the purple heart medal may make application for
the distinctive license plates, not less than 60 days prior to such person's
renewal of registration date, on a form prescribed and furnished by the
director of vehicles, and any applicant for the distinctive license plates
shall furnish the director with such proof as the director shall require that
the applicant was a recipient of the purple heart medal. Application for
the registration of a passenger vehicle or truck and issuance of the license
plates under this section shall be made by the owner or lessee in a manner
prescribed by the director of vehicles upon forms furnished by the direc-
tor.

(c) No registration or distinctive license plates issued under the au-
thority of this section shall be transferable to any other person.

(d) Renewals of registration under this section shall be made an-
nually, upon payment of the fee prescribed in subsection (a), in the man-
ner prescribed in subsection (b) of K.S.A. 8-132, and amendments
thereto. No renewal of registration shall be made to any applicant until
such applicant has filed with the director a form as provided in subsection
(b). If such form is not filed, the applicant shall be required to comply
with K.S.A. 8-143, and amendments thereto, and return the distinctive
license plates to the county treasurer of such person's residence.

Sec. 10. On and after July 1, 1999, K.S.A. 1998 Supp. 8-1,141 is
hereby amended to read as follows: 8-1,141. (a) Any new distinctive li-
cense plate authorized for issuance on and after July 1, 1994, shall be
subject to the personalized license plate fee prescribed by subsection (c)
of K.S.A. 8-132, and amendments thereto. This section shall not apply to
any distinctive license plate authorized prior to July 1, 1994.

(b) The director of vehicles shall not issue any new distinctive license
plate authorized for issuance on and after July 1, 1995, unless there is a
guarantee of an initial issuance of at least 500 license plates.

(c) The provisions of this section shall not apply to distinctive license
plates issued under the provisions of K.S.A. 1998 Supp. 8-1,145, and
amendments thereto.

(d) The provisions of subsection (a), shall not apply to distinctive li-
cense plates issued under the provisions of K.S.A. 1998 Supp. 8-1,146,
and amendments thereto, or section 1.

Sec. 11. On and after July 1, 1999, K.S.A. 1998 Supp. 8-1,142 is
hereby amended to read as follows: 8-1,142. (a) As used in this section,
``educational institution'' means:

(1) Any state educational institution under the control and supervi-
sion of the state board of regents;

(2) any qualified institution as defined in K.S.A. 72-6107, and amend-
ments thereto;

(3) any community college organized and operating under the laws
of this state; and

(4) Haskell Indian Nations university.

(b) Any owner or lessee of one or more passenger vehicles or trucks
registered for a gross weight of not more than ~~12,000~~ 20,000 pounds who
is a resident of Kansas, upon compliance with the provisions of this sec-
tion, may be issued one educational institution license plate for each such
passenger vehicle or truck. Such license plates shall be issued for the
same period of time as other license plates upon proper registration and
payment of the regular license fee as provided in K.S.A. 8-143, and
amendments thereto, plus the payment of an additional fee of $5 for each
plate, and the presentation of the annual emblem use authorization state-
ment provided for in subsection (c).

(c) Any educational institution may authorize through its officially
recognized alumni association or foundation the use of such institution's
official emblems to be affixed on license plates as provided by this section.
Any royalty payment to such alumni association or foundation derived
from this section, except reasonable administrative costs, shall be used
for recognition of academic achievement or excellence subject to the ap-
proval of the chancellor or president of the educational institution. Any
motor vehicle owner or lessee may annually apply to the alumni associa-
tion or foundation for the use of the institution's emblems. Upon annual
application and payment to the alumni association or foundation in an
amount of not less than $25 nor more than $100 as an emblem use royalty
payment for each educational institution license plate to be issued, the
alumni association or foundation shall issue to the motor vehicle owner
or lessee, without further charge, an emblem use authorization statement,
which shall be presented by the motor vehicle owner or lessee at the time
of registration.

(d) Any applicant for an educational institution license plate may
make application for such plates not less than 60 days prior to such per-
son's renewal of registration date, on a form prescribed and furnished by
the director of vehicles, and any applicant for the educational institution
license plates shall provide the annual emblem use authorization state-
ment provided for in subsection (c). Application for registration of a pas-
senger vehicle or truck and issuance of the license plates under this sec-
tion shall be made by the owner or lessee in a manner prescribed by the
director of vehicles upon forms furnished by the director.

(e) No registration or educational institution license plate issued un-
der this section shall be transferable to any other person.

(f) Renewals of registration under this section shall be made annually,
upon payment of the fee prescribed in subsection (b), in the manner
prescribed in subsection (b) of K.S.A. 8-132, and amendments thereto.
No renewal of registration shall be made to any applicant until such ap-
plicant provides the annual emblem use authorization statement provided
for in subsection (c). If such emblem use authorization statement is not
presented at the time of registration, the applicant shall be required to
comply with K.S.A. 8-143, and amendments thereto, and return the ed-
ucational institution license plates to the county treasurer of such person's
residence.

(g) The director of vehicles shall not issue any educational institution
license plates for any educational institution, unless such educational in-
stitution's alumni association or foundation guarantees the initial issuance
of at least 500 license plates.

(h) Each educational institution's alumni association or foundation
shall:

(1) Pay the initial cost of silk-screening for such educational license
plates; and

(2) provide to all county treasurers a toll-free telephone number
where applicants can call the alumni association or foundation for infor-
mation concerning the application process or the status of their license
plate application.

(i) Each educational institution's alumni association or foundation,
with the approval of the director of vehicles and subject to the availability
of materials and equipment, shall design a license plate to be issued under
the provisions of this section.

Sec. 12. On and after July 1, 1999, K.S.A. 1998 Supp. 8-1,145 is
hereby amended to read as follows: 8-1,145. (a) On and after January 1,
2001, any owner or lessee of one or more passenger vehicles or trucks of
a gross weight of ~~12,000~~ 20,000 pounds or less, who is a resident of the
state of Kansas, and who submits satisfactory proof to the director of
vehicles, in accordance with rules and regulations adopted by the secre-
tary of revenue, that such person was awarded the congressional medal
of honor, upon compliance with the provisions of this section, may be
issued one distinctive license plate for each such passenger vehicle or
truck designating such person as a recipient of the congressional medal
of honor. Such license plates shall be issued for the same period of time
as other license plates upon proper registration and without payment of
the regular license fee as provided in K.S.A. 8-143, and amendments
thereto.

(b) Any recipient of the congressional medal of honor may make ap-
plication for the distinctive license plates, not less than 60 days prior to
such person's renewal of registration date, on a form prescribed and fur-
nished by the director of vehicles, and any applicant for the distinctive
license plates shall furnish the director with such proof as the director
shall require that the applicant was a recipient of the congressional medal
of honor. Application for the registration of a passenger vehicle or truck
and issuance of the license plates under this section shall be made by the
owner or lessee in a manner prescribed by the director of vehicles upon
forms furnished by the director.

(c) No registration or distinctive license plates issued under the au-
thority of this section shall be transferable to any other person.

(d) Renewals of registration under this section shall be made an-
nually, without charge, in the manner prescribed in subsection (b) of
K.S.A. 8-132, and amendments thereto. No renewal of registration shall
be made to any applicant until such applicant has filed with the director
a form as provided in subsection (b). If such form is not filed, the applicant
shall be required to comply with K.S.A. 8-143, and amendments thereto,
and return the distinctive license plates to the county treasurer of such
person's residence.

Sec. 13. On and after July 1, 1999, K.S.A. 1998 Supp. 8-1,146 is
hereby amended to read as follows: 8-1,146. (a) Any owner or lessee of
one or more passenger vehicles or trucks of a gross weight of ~~12,000~~
20,000 pounds or less, who is a resident of the state of Kansas, and who
submits satisfactory proof to the director of vehicles, in accordance with
rules and regulations adopted by the secretary of revenue, that such per-
son has proof of having served and is designated as a veteran, and has
had an honorable discharge from the United States army, navy, air force,
marine corps, coast guard or merchant marines, upon compliance with
the provisions of this section, may be issued one distinctive license plate
for each such passenger vehicle or truck designating such person as an
United States military veteran. Such license plates shall be issued for the
same period of time as other license plates upon proper registration and
payment of the regular license fee as provided in K.S.A. 8-143, and
amendments thereto.

(b) Any person who is a veteran of the United States army, navy, air
force, marine corps, coast guard or merchant marines may make appli-
cation for such distinctive license plates, not less than 60 days prior to
such person's renewal of registration date, on a form prescribed and fur-
nished by the director of vehicles, and any applicant for the distinctive
license plates shall furnish the director with proof as the director shall
require that the applicant is a veteran of the United States army, navy,
air force, marine corps, coast guard or merchant marines. Application for
the registration of a passenger vehicle or truck and issuance of the license
plates under this section shall be made by the owner or lessee in a manner
prescribed by the director of vehicles upon forms furnished by the direc-
tor.

(c) No registration of distinctive license plates issued under the au-
thority of this section shall be transferable to any other person.

(d) Renewals of registration under this section shall be made an-
nually, upon payment of the fee prescribed in subsection (a), in the man-
ner prescribed in subsection (b) of K.S.A. 8-132, and amendments
thereto. No renewal of registration shall be made to any applicant until
such applicant has filed with the director a form as provided in subsection
(b). If such form is not filed, the applicant shall be required to comply
with K.S.A. 8-143, and amendments thereto, and return the distinctive
license plates to the county treasurer of such person's residence.

Sec. 14. On and after July 1, 1999, K.S.A. 8-235d is hereby amended
to read as follows: 8-235d. (a) Drivers' license examiners of the division
shall accept original applications for drivers' licenses and instruction per-
mits, as distinguished from applications for renewals of licenses, on forms
prescribed by the division and also shall issue instruction permits. Drivers'
license examiners of the division shall examine every applicant for a
driver's license who is required by the provisions of the motor vehicle
drivers' license act to be examined. Such examination shall be held in the
county where the applicant resides or at a place adjacent thereto reason-
ably convenient to the applicant or at a location established by the sec-
retary for the issuance of a commercial driver's license. Such examination
shall include a test of the applicant's eyesight, the applicant's ability to
read and understand highway signs regulating, warning and directing traf-
fic, the applicant's knowledge of the traffic laws of this state and shall
include an actual demonstration of ability to exercise ordinary and rea-
sonable control in the operation of motor vehicles which the class of
license applied for would entitle the applicant to drive. At the conclusion
of the examination the examiner shall issue a license to the applicant, if
the applicant has successfully passed the examination with the class of
license the applicant has applied for.

(b) In addition to the requirements of subsection (a), any person who
is under the age of 18 years and at least 16 years of age, who is applying
for a driver's license for the first time, not including an instruction permit,
shall submit a signed affidavit of either a parent or guardian, stating that
the applicant has completed at least 50 hours of adult supervised driving
with at least 10 of those hours being at night. The required adult super-
vised driving required in this subsection shall be conducted by an adult
who is at least 21 years of age and is the holder of a valid commercial
driver's license, class A, B or C driver's license.

Evidence of failure of any licensee who was required to complete the
50 hours of adult supervised driving under this subsection shall not be
admissible in any action for the purpose of determining any aspect of
comparative negligence or mitigation of damages.

Sec. 15. On and after July 1, 1999, K.S.A. 1998 Supp. 8-237 is hereby
amended to read as follows: 8-237. The division of vehicles shall not issue
any driver's license to any person:

(a) Who is under the age of 16 years, except that the division may
issue a restricted class C or M license, as provided in this act, to any
person who: (1) Is at least 15 years of age; (2) has successfully completed
an approved course in driver training; (3) has held an instructional permit
issued under the provisions of K.S.A. 8-239, and amendments thereto, for
a period of at least six months and has completed at least 25 hours of
adult supervised driving; and ~~(3)~~ (4) upon the written application of the
person's parent or guardian. The required adult supervised driving re-
quired in clause (3) above shall be conducted by an adult who is at least
21 years of age and is the holder of a valid commercial driver's license,
class A, B or C driver's license. Except as hereafter provided, the appli-
cation of the parent or guardian shall be submitted to the division. The
governing body of any city, by ordinance, may require the application of
any person who is under 16 years of age and who resides within the city
to be first submitted to the chief law enforcement officer of the city. The
board of county commissioners of any county, by resolution, may require
the application of any person who is under 16 years of age and who resides
within the county and outside the corporate limits of any city to be first
submitted to the chief law enforcement officer of the county. No ordi-
nance or resolution authorized by this subsection shall become effective
until a copy of it is transmitted to the division of vehicles. The chief law
enforcement officer of any city or county which has adopted the ordi-
nance or resolution authorized by this subsection shall make a recom-
mendation on the application as to the necessity for the issuance of the
restricted license, and the recommendation shall be transmitted, with the
application, to the division of vehicles. If the division finds that it is nec-
essary to issue the restricted license, it shall issue a driver's license to the
person.

A restricted class C license issued under this subsection shall entitle
the licensee, while possessing the license, to operate any motor vehicle
in class C, as designated in K.S.A. 8-234b, and amendments thereto. A
restricted class M license shall entitle the licensee, while possessing such
license, to operate a motorcycle. The restricted license shall entitle the
licensee to operate the appropriate vehicle at any time:

(1) While going to or from or in connection with any job, employment
or farm-related work;

(2) on days while school is in session, over the most direct and ac-
cessible route between the licensee's residence and school of enrollment
for the purposes of school attendance;

(3) when the licensee is operating a passenger car, at any time when
accompanied by an adult who is the holder of a valid commercial driver's
license, class A, B or C driver's license and who is actually occupying a
seat beside the driver; or

(4) when the licensee is operating a motorcycle, at any time when
accompanied by an adult who is the holder of a valid class M driver's
license and who is operating a motorcycle in the general proximity of the
licensee.

Any licensee issued a restricted license under this subsection shall not
operate any motor vehicle with nonsibling minor passengers and any con-
viction for violating this provision shall be construed as a moving traffic
violation for the purpose of K.S.A. 8-255, and amendments thereto.

A restricted driver's license issued under this subsection is subject to
suspension or revocation in the same manner as any other driver's license.
In addition, the division may suspend the restricted driver's license upon
receiving satisfactory evidence that: (1) The licensee has violated the re-
striction of the license, (2) the licensee has been involved in two or more
accidents chargeable to the licensee or (3) the recommendation of the
chief law enforcement officer of any city or county requiring the rec-
ommendation has been withdrawn. The suspended license shall not be
reinstated for one year or until the licensee reaches the age of 16, which-
ever period is longer.

Any licensee issued a restricted license under this subsection who: (1)
Is under the age of 16 years and is convicted of two or more moving traffic
violations committed on separate occasions shall not be eligible to receive
a driver's license which is not restricted in accordance with the provisions
of this subsection until the person reaches 17 years of age; or (2) fails to
provide the required affidavit stating that the licensee has completed at
least 50 hours of adult supervised driving with 10 of those hours being at
night shall not be eligible to receive a driver's license which is not re-
stricted in accordance with the provisions of this subsection until the
person provides such affidavit to the division or the person reaches 17
years of age, whichever occurs first.

Any licensee issued a restricted license under this subsection on and
after July 1, 1999, shall provide prior to reaching 16 years of age, a signed
affidavit of either a parent or guardian, stating that the applicant has
completed the required 25 hours prior to being issued a restricted license
and 25 hours of additional adult supervised driving. Of the 50 hours
required by this subsection, at least 10 of those hours shall be at night.
The adult supervised driving shall be conducted by an adult who is at
least 21 years of age and is the holder of a valid commercial driver's
license, class A, B or C driver's license.

Evidence of failure of any licensee who was required to complete the
50 hours of adult supervised driving under this subsection shall not be
admissible in any action for the purpose of determining any aspect of
comparative negligence or mitigation of damages.

(b) Who is under the age of 18 years, except as provided in K.S.A.
1998 Supp. 8-2,147, and amendments thereto, for the purpose of driving
a commercial or class A or B motor vehicle.

(c) Whose license is currently revoked, suspended or canceled in this
or any other state, except as provided in K.S.A. 8-256, and amendments
thereto.

(d) Who is a habitual drunkard, habitual user of narcotic drugs or
habitual user of any other drug to a degree which renders the user in-
capable of safely driving a motor vehicle.

(e) Who has previously been adjudged to be afflicted with or suffering
from any mental disability or disease and who, at the time of making
application for a driver's license, has not been restored to capacity in the
manner provided by law. Application of this limitation to any person
known to have suffered any seizure disorder is subject to the provisions
of paragraph (7) of subsection (e) of K.S.A. 8-247, and amendments
thereto.

(f) Who is required by the motor vehicle drivers' license act to take
an examination, unless the person has successfully passed the examina-
tion.

(g) Who is at least 16 years of age and less than 17 years of age, who
is applying for a driver's license for the first time since reaching 16 years
of age and who, three times or more, has been adjudged to be a traffic
offender under the Kansas juvenile code or a juvenile offender under the
Kansas juvenile justice code, by reason of violation of one or more statutes
regulating the movement of traffic on the roads, streets or highways of
this state, except that, in the discretion of the director, the person may
be issued a driver's license which is restricted in the manner the division
deems to be appropriate. No person described by this subsection shall be
eligible to receive a driver's license which is not restricted until the person
has reached the age of 17 years.

Sec. 16. On and after July 1, 1999, K.S.A. 1998 Supp. 8-239 is hereby
amended to read as follows: 8-239. (a) Any person who is at least 14 years
of age may apply to the division for an instruction permit. The division
may in its discretion, after the applicant has successfully passed all parts
of the examination other than the driving test, issue to the applicant an
instruction permit which shall entitle the applicant while having such
permit in such person's immediate possession to drive a passenger car
upon the public highways for a period of one year subject to the restric-
tions herein contained. The division may issue an instruction or restricted
instruction permit to any person who is at least 14 years of age and under
the age of 16 years only upon the written application of a parent or guard-
ian of the minor. The one having the instruction permit may operate a
passenger car at any time when accompanied by an adult who is the holder
of a valid commercial driver's license, class A, B or C driver's license, who
has had at least one year of driving experience and who is occupying a
seat beside the driver. Any person who is at least 14 years of age may
apply for an instruction permit to operate a motorcycle either separate
from or in conjunction with an instruction permit to operate a passenger
car, and such permit shall entitle the permittee to operate a motorcycle
if such person is accompanied by an adult who is the holder of a valid
class M driver's license, who has had at least one year of driving experi-
ence and who is riding a motorcycle in the general proximity of the per-
mittee.

(b) The division upon receiving proper application may issue in its
discretion a restricted instruction permit effective for a school year or for
a more restricted period to an applicant who is at least 14 years of age
and who is enrolled in a driver-education program which includes practice
driving and which is approved by the division, even though the applicant
has not reached the legal age to be eligible for a driver's license. Such
instruction permit shall entitle the permittee when the person has such
permit in such person's immediate possession to operate a passenger car
only on a designated highway or within a designated area but only when
an approved instructor is occupying a seat beside the permittee or when
such permit has been endorsed by an approved instructor to operate a
passenger car with a parent or guardian who is the holder of a valid
commercial driver's license, class A, B or C driver's license, who has had
at least one year of driving experience and who is occupying a seat beside
the driver.

(c) The division, in its discretion, may issue a temporary driver's per-
mit to an applicant for a classified driver's license permitting the applicant
to operate a motor vehicle within such classification while the division is
completing its investigation and determination of all facts relative to such
applicant's right to receive a driver's license. The division may issue such
a temporary driver's permit to any applicant whose employer certifies
that such permit is necessary to complete seasonal agricultural operations
of the employer. Any such temporary driver's permit issued pursuant to
this subsection shall be in the immediate possession of the permittee
while operating a motor vehicle, and it shall be invalid on the date spec-
ified thereon, which shall not be more than 15 days after its issuance, or
when the applicant's license has been issued or for good cause has been
refused.

Sec. 17. On and after July 1, 1999, K.S.A. 1998 Supp. 8-296 is hereby
amended to read as follows: 8-296. (a) Any person who is less than 16
years of age but is at least 14 years of age and who resides upon a farm
in this state or is employed for compensation upon a farm in this state
may apply to the division of vehicles for a farm permit authorizing such
person, while possessing the permit, to operate any motor vehicle in class
C, as designated in K.S.A. 8-234b, and amendments thereto. The farm
permit shall entitle the licensee to operate such motor vehicles at any
time:

(1) While going to or from or in connection with any farm job, em-
ployment or other farm-related work;

(2) on days while school is in session, over the most direct and ac-
cessible route between the licensee's residence and school of enrollment
for the purpose of school attendance; or

(3) when the licensee is operating a passenger car at any time when
accompanied by an adult who is the holder of a valid commercial driver's
license, class A, B or C driver's license and who is actually occupying a
seat beside the driver.

(b) A farm permit shall be issued only if:

(1) The applicant can prove that such applicant resides or works on
a farm;

(2) the applicant has successfully completed the examination require-
ments in K.S.A. 8-235d, and amendments thereto; and

(3) the applicant submits the signed affidavit of either a parent or
guardian, stating that the applicant lives on a farm or, if the applicant
does not live on a farm but works on a farm, the applicant submits the
signed affidavit of the applicant's employer and parent or guardian, at-
testing to such employment.

(c) Any licensee issued a farm permit under this section shall not
operate any motor vehicle with nonsibling minor passengers and any con-
viction for violating this provision shall be construed as a moving traffic
violation for the purpose of K.S.A. 8-255, and amendments thereto.

(d) As used in this section, ``farm'' means any parcel of land larger
than 20 acres which is used in agricultural operations.

(e) A farm permit issued under this section is subject to suspension
or revocation in the same manner as any other driver's license. A person
who has been issued a farm permit and who violates this section by driving
beyond the scope allowed in subsection (a) shall lose the farm permit and
shall be issued no other driver's license for a period of one year or until
the person reaches 16 years of age, whichever period is longer.

(f) Any licensee issued a farm permit under this section on and after
July 1, 1999, shall provide prior to reaching 16 years of age, a signed
affidavit of either a parent or guardian, stating that the applicant has
completed at least 50 hours of adult supervised driving with at least 10
of those hours being at night. The adult supervised driving required by
this paragraph shall be conducted by an adult who is at least 21 years of
age and is the holder of a valid commercial driver's license, class A, B or
C driver's license.

Evidence of failure of any licensee who was required to complete the
50 hours of adult supervised driving under this subsection shall not be
admissible in any action for the purpose of determining any aspect of
comparative negligence or mitigation of damages.

(g) Any licensee issued a farm permit under this section who: (1) Is
under the age of 16 years and is convicted of two or more moving traffic
violations committed on separate occasions shall not be eligible to receive
a driver's license which is not restricted in accordance with the provisions
of subsection (a), until the person reaches 17 years of age; or (2) fails to
provide the affidavit required under subsection (f), shall not be eligible to
receive a driver's license which is not restricted in accordance with the
provisions of subsection (a), until the person provides such affidavit to
the division or the person reaches 17 years of age, whichever occurs first.

Sec. 18. On and after July 1, 1999, K.S.A. 1998 Supp. 8-1014 is
hereby amended to read as follows: 8-1014. (a) Except as provided by
subsection ~~(d)~~ (e) and K.S.A. 8-2,142, and amendments thereto, if a per-
son refuses a test, the division, pursuant to K.S.A. 8-1002, and amend-
ments thereto, shall suspend the person's driving privileges for one year.

(b) Except as provided by ~~subsection (d)~~ subsections (c) and (e) and
K.S.A. 8-2,142, and amendments thereto, if a person fails a test or has an
alcohol or drug-related conviction in this state, the division shall:

(1) On the person's first occurrence, suspend the person's driving
privileges for 30 days, then restrict the person's driving privileges as pro-
vided by K.S.A. 8-1015, and amendments thereto, for an additional 330
days; and

(2) on the person's second or a subsequent occurrence, suspend the
person's driving privileges for one year.

(c) Except as provided by subsection (e) and K.S.A. 8-2,142, and
amendments thereto, if a person who is less than 21 years of age fails a
test or has an alcohol or drug-related conviction in this state, the division
shall:

(1) Suspend the person's driving privileges for one year; or

(2) if such person has entered a diversion agreement under K.S.A. 12-
4412 et seq., and amendments thereto, or K.S.A. 22-2906 et seq., and
amendments thereto, suspend the person's driving privileges for the term
of such diversion agreement.

~~(c)~~ (d) Whenever the division is notified by an alcohol and drug safety
action program that a person has failed to complete any alcohol and drug
safety action education or treatment program ordered by a court for a
conviction of a violation of K.S.A. 8-1567, and amendments thereto, the
division shall suspend the person's driving privileges until the division
receives notice of the person's completion of such program.

~~(d)~~ (e) Except as provided in K.S.A. 8-2,142, and amendments
thereto, if a person's driving privileges are subject to suspension pursuant
to this section for a test refusal, test failure or alcohol or drug-related
conviction arising from the same arrest, the period of such suspension
shall not exceed the longest applicable period authorized by subsection
(a) or, (b) or (c), and such suspension periods shall not be added together
or otherwise imposed consecutively. In addition, in determining the pe-
riod of such suspension as authorized by subsection (a) or, (b) or (c), such
person shall receive credit for any period of time for which such person's
driving privileges were suspended while awaiting any hearing or final
order authorized by this act.

If a person's driving privileges are subject to restriction pursuant to
this section for a test failure or alcohol or drug-related conviction arising
from the same arrest, the restriction periods shall not be added together
or otherwise imposed consecutively. In addition, in determining the pe-
riod of restriction, the person shall receive credit for any period of sus-
pension imposed for a test refusal arising from the same arrest.

~~(e)~~ (f) If the division has taken action under subsection (a) for a test
refusal or under subsection (b) or (c) for a test failure and such action is
stayed pursuant to K.S.A. 8-259, and amendments thereto, or if tempo-
rary driving privileges are issued pursuant to subsection (k) of K.S.A. 8-
1002, and amendments thereto, the stay or temporary driving privileges
shall not prevent the division from taking the action required by subsec-
tion (b) or (c) for an alcohol or drug-related conviction.

~~(f)~~ (g) Upon restricting a person's driving privileges pursuant to this
section, the division shall issue without charge a driver's license which
shall indicate on the face of the license that restrictions have been im-
posed on the person's driving privileges and that a copy of the order
imposing the restrictions is required to be carried by the person for whom
the license was issued any time the person is operating a motor vehicle
on the highways of this state.

Sec. 19. On and after July 1, 1999, K.S.A. 1998 Supp. 8-1567a is
hereby amended to read as follows: 8-1567a. (a) It shall be unlawful for
any person less than 21 years of age to operate or attempt to operate a
vehicle in this state with a breath or blood alcohol content of .02 or
greater.

(b) Whenever a law enforcement officer determines that a breath or
blood alcohol test is to be required of a person less than 21 years of age
pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and amendments thereto, in
addition to any other notices required by law, the law enforcement officer
shall provide written and oral notice that: (1) It is unlawful for any person
less than 21 years of age to operate or attempt to operate a vehicle in this
state with a breath or blood alcohol content of .02 or greater; and (2) if
the person is less than 21 years of age at the time of the test request and
submits to and completes the test or tests and the test results show an
alcohol concentration of .02 or greater, the person's driving privileges will
be suspended for at least 30 days upon the first occurrence and for at
least 90 days upon a second or subsequent occurrence.

(c) Any suspension and restriction of driving privileges pursuant to
this section shall be in addition to any disqualification from driving a
commercial motor vehicle pursuant to K.S.A. 8-2,142 and amendments
thereto.

(d) Whenever a breath or blood alcohol test is requested pursuant to
K.S.A. 8-1001 and amendments thereto, from a person less than 21 years
of age, and results in a test result of .02 or greater, but less than .08, a
law enforcement officer's certification under this section shall be pre-
pared. The certification required by this section shall be signed by one
or more officers to certify that:

(1) (A) There existed reasonable grounds to believe the person was
operating a vehicle while under the influence of alcohol or drugs, or both,
or to believe that the person had been driving a commercial motor ve-
hicle, as defined in K.S.A. 8-2,128 and amendments thereto, while having
alcohol or other drugs in such person's system; (B) the person had been
placed under arrest, was in custody or had been involved in a vehicle
accident or collision; (C) a law enforcement officer had presented the
person with the oral and written notice required by K.S.A. 8-1001 and
amendments thereto, and the oral and written notice required by this
section; (D) that the person was less than 21 years of age at the time of
the test request; and (E) the result of the test showed that the person
had an alcohol concentration of .02 or greater in such person's blood or
breath.

(2) With regard to a breath test, in addition to those matters required
to be certified under subsection (d)(1), that: (A) The testing equipment
used was certified by the Kansas department of health and environment;
(B) the testing procedures used were in accordance with the require-
ments set out by the Kansas department of health and environment; and
(C) the person who operated the testing equipment was certified by the
Kansas department of health and environment to operate such equip-
ment.

(e) If a hearing is requested as a result of a law enforcement officer's
certification under this section, the scope of the hearing shall be limited
to whether: (1) A law enforcement officer had reasonable grounds to
believe the person was operating a vehicle while under the influence of
alcohol or drugs, or both, or to believe that the person had been driving
a commercial motor vehicle, as defined in K.S.A. 8-2,128 and amend-
ments thereto, while having alcohol or other drugs in such person's sys-
tem; (2) the person was in custody or arrested for an alcohol or drug
related offense or was involved in a motor vehicle accident or collision
resulting in property damage, personal injury or death; (3) a law enforce-
ment officer had presented the person with the oral and written notice
required by K.S.A. 8-1001 and amendments thereto, and the oral and
written notice required by this section; (4) the testing equipment used
was reliable; (5) the person who operated the testing equipment was
qualified; (6) the testing procedures used were reliable; (7) the test result
determined that the person had an alcohol concentration of .02 or greater
in such person's blood or breath; (8) the person was operating a vehicle;
and (9) the person was less than 21 years of age at the time a test was
requested.

(f) If a person less than 21 years of age submits to a breath or blood
alcohol test requested pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and
amendments thereto, and produces a test result of .02 or greater, but less
than .08, the person's driving privileges ~~upon the first occurrence~~ shall
be suspended for ~~30 days and upon a second or subsequent occurrence~~
~~shall be suspended for 90 days~~ one year.

(g) Except where there is a conflict between this section and K.S.A.
8-1001 and 8-1002 and amendments thereto, the provisions of K.S.A. 8-
1001 and 8-1002 and amendments thereto, shall be applicable to pro-
ceedings under this section.

(h) Any determination under this section that a person less than 21
years of age had a test result of .02 or greater, but less than .08, and any
resulting administrative action upon the person's driving privileges, upon
the first occurrence of such test result and administrative action, shall not
be considered by any insurance company in determining the rate charged
for any automobile liability insurance policy or whether to cancel any such
policy under the provisions of subsection (4)(a) of K.S.A. 40-277 and
amendments thereto.

~~(i) The provisions of this section shall take effect on and after January~~
~~1, 1997.~~

Sec. 20. K.S.A. 1998 Supp. 74-2012 is hereby amended to read as
follows: 74-2012. (a) All records of the division of vehicles shall be subject
to the provisions of the open records act, except as otherwise provided
under the provisions of this section and by K.S.A. 1998 Supp. 74-2022,
and amendments thereto.

~~(a)~~ (b) All records of the division of vehicles relating to the physical
or mental condition of any person, to expungement or except as provided
further, any photographs maintained by the division of vehicles in con-
nection with the issuance of drivers' licenses shall be confidential. Pho-
tographs or digital images maintained by the division of vehicles in con-
nection with the issuance of drivers' licenses shall be available to law
enforcement agencies for use in criminal investigations. Records of the
division relating to diversion agreements for the purposes of K.S.A. 8-
1567, 12-4415 and 22-2908, and amendments thereto, shall be confiden-
tial and shall be disclosed by direct computer access only to:

(1) A city, county or district attorney, for the purpose of determining
a person's eligibility for diversion;

(2) a municipal or district court, for the purpose of using the record
in connection with any matter before the court;

(3) a law enforcement agency, for the purpose of supplying the record
to a person authorized to obtain it under paragraph (1) or (2) of this
subsection; or

(4) an employer when a person is required to retain a commercial
driver's license due to the nature of such person's employment.

~~All other records of the division of vehicles shall be subject to the~~
~~provisions of the open records act except as otherwise provided by K.S.A.~~
~~1998 Supp. 74-2022 and amendments thereto or this section.~~

~~(b)~~ (c) Lists of persons' names and addresses contained in or derived
from records of the division of vehicles shall not be sold, given or received
for the purposes prohibited by K.S.A. 21-3914, and amendments thereto,
except that:

(1) The director of vehicles may provide to a requesting party, and a
requesting party may receive, such a list and accompanying information
from public records of the division upon written certification that the
requesting party shall use the list solely for the purpose of:

(A) Assisting manufacturers of motor vehicles in compiling statistical
reports or in notifying owners of vehicles believed to:

(i) Have safety-related defects,

(ii) fail to comply with emission standards; or

(iii) have any defect to be remedied at the expense of the manufac-
turer;

(B) assisting an insurer authorized to do business in this state, or the
insurer's authorized agent, in processing an application for, or renewal or
cancellation of, a motor vehicle liability insurance policy; or

(C) assisting the selective service system in the maintenance of a list
of persons 18 to 26 years of age in this state as required under the pro-
visions of section 3 of the federal military selective service act.; or

(D) assisting businesses with the verification or reporting of infor-
mation derived from the title and registration records of the division to
prepare and assemble vehicle history reports, except that such vehicle
history reports shall not include the names or addresses of any current or
previous owners.

(2) Any law enforcement agency of this state which has access to
public records of the division may furnish to a requesting party, and a
requesting party may receive, such a list and accompanying information
from such records upon written certification that the requesting party
shall use the list solely for the purpose of assisting an insurer authorized
to do business in this state, or the insurer's authorized agent, in processing
an application for, or renewal or cancellation of, a motor vehicle liability
insurance policy.

~~(c)~~ (d) If a law enforcement agency of this state furnishes information
to a requesting party pursuant to paragraph (2) of subsection ~~(b)(2)~~ (c),
the law enforcement agency shall charge the fee prescribed by the sec-
retary of revenue pursuant to K.S.A. 1998 Supp. 74-2022, and amend-
ments thereto, for any copies furnished and may charge an additional fee
to be retained by the law enforcement agency to cover its cost of providing
such copies. The fee prescribed pursuant to K.S.A. 1998 Supp. 74-2022,
and amendments thereto, shall be paid monthly to the secretary of rev-
enue and upon receipt thereof shall be deposited in the state treasury to
the credit of the electronic databases fee fund, except for the $1 of the
fee for each record required to be credited to the highway patrol training
center fund under subsection ~~(e)~~ (f).

~~(d)~~ (e) The secretary of revenue, the secretary's agents or employees,
the director of vehicles or the director's agents or employees shall not be
liable for damages caused by any negligent or wrongful act or omission
of a law enforcement agency in furnishing any information obtained from
records of the division of vehicles.

~~(e)~~ (f) A fee in an amount fixed by the secretary of revenue pursuant
to K.S.A. 1998 Supp. 74-2022, and amendments thereto, of not less than
$2 for each request for information in the public records of the division
concerning any vehicle or licensed driver shall be charged by the division,
except that the director may charge a lesser fee pursuant to a contract
between the secretary of revenue and any person to whom the director
is authorized to furnish information under paragraph (1) of subsection
~~(b)~~ (c), and such fee shall not be less than the cost of production or
reproduction of any information requested. Except for the fees charged
pursuant to a contract for title and registration records on vehicles au-
thorized by this subsection, $1 shall be credited to the highway patrol
training center fund for each record.

~~(f)~~ (g) The secretary of revenue may adopt such rules and regulations
as are necessary to implement the provisions of this section.

Sec. 21. K.S.A. 1998 Supp. 74-2012 is hereby repealed.

Sec. 22. On and after July 1, 1999, K.S.A. 8-132, 8-161, 8-162, 8-
1,139 and 8-235d and K.S.A. 1998 Supp. 8-133, 8-177a, 8-177c, 8-1,140,
8-1,141, as amended by section 1 of 1999 House Bill No. 2094, 8-1,142,
8-1,145, 8-1,146, 8-237, 8-239, 8-296, 8-1014 and 8-1567a are hereby
repealed.

Sec. 23. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 25, 1999.
Published in the Kansas Register May 6, 1999.
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