CHAPTER 97 HOUSE BILL No. 2883 An Act relating to crimes and punishments; concerning the theft of motor fuel; penalties;
amending K.S.A. 1999 Supp. 8-255 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      New Section  1. (a) Any person who leaves the premises of an estab-
lishment at which motor fuel offered for retail sale was dispensed into
the fuel tank of a motor vehicle by driving away in that motor vehicle
without having made due payment or authorized charge for the motor
fuel so dispensed, with the intent to defraud the retail establishment,
upon conviction, shall be guilty of a class A nonperson misdemeanor and
upon any subsequent conviction, the division shall:

      (1) Upon a person's second conviction, suspend the person's driving
privileges for six months; and

      (2) upon a person's third or subsequent conviction, suspend the per-
son's driving privileges for one year.

      (b) The failure to replace or reattach the nozzle and hose of the pump
used for the dispensing of motor fuels or placing such nozzle and hose
on the ground or pavement shall be prima facie evidence of the intent to
defraud under the provisions of subsection (a).

      (c) Any person whose driving privileges have been suspended under
subsection (a), shall pay a reinstatement fee in the amount of $100 to the
division. The division of vehicles shall, at least monthly, deposit such fees
with the state treasurer, who shall credit such moneys to the state highway
fund.

      (d) As used in this section:

      (1) ``Division'' means the division of vehicles of the department of
revenue;

      (2) ``conviction'' means a final conviction without regard whether sen-
tence was suspended or probation granted after such conviction. Forfei-
ture of bail, bond or collateral deposited to secure a defendant's appear-
ance in court, which forfeiture has not been vacated, shall be equivalent
to a conviction.

      Sec.  2. K.S.A. 1999 Supp. 8-255 is hereby amended to read as fol-
lows: 8-255. (a) The division is authorized to suspend or revoke a person's
driving privileges upon a showing by its records or other sufficient evi-
dence the person:

      (1) Has been convicted with such frequency of serious offenses
against traffic regulations governing the movement of vehicles as to in-
dicate a disrespect for traffic laws and a disregard for the safety of other
persons on the highways;

      (2) has been convicted of three or more moving traffic violations com-
mitted on separate occasions within a 12-month period;

      (3) is incompetent to drive a motor vehicle;

      (4) has been convicted of a moving traffic violation, committed at a
time when the person's driving privileges were suspended or revoked; or

      (5) is a member of the armed forces of the United States stationed
at a military installation located in the state of Kansas, and the authorities
of the military establishment certify that such person's on-base driving
privileges have been suspended, by action of the proper military author-
ities, for violating the rules and regulations of the military installation
governing the movement of vehicular traffic or for any other reason re-
lating to the person's inability to exercise ordinary and reasonable control
in the operation of a motor vehicle.

      (b) The division shall suspend a person's driving privileges when re-
quired by K.S.A. 8-262 or 8-1014, and amendments thereto, and section
1, and amendments thereto, and shall disqualify a person's privilege to
drive commercial motor vehicles when required by K.S.A. 8-2,142, and
amendments thereto.

      (c) When the action by the division suspending, revoking or disqual-
ifying a person's driving privileges is based upon a report of a conviction
or convictions from a convicting court, the person may not request a
hearing but, within 30 days after notice of suspension, revocation or dis-
qualification is mailed, may submit a written request for administrative
review and provide evidence to the division to show the person whose
driving privileges have been suspended, revoked or disqualified by the
division was not convicted of the offense upon which the suspension,
revocation or disqualification is based. Within 30 days of its receipt of the
request for administrative review, the division shall notify the person
whether the suspension, revocation or disqualification has been affirmed
or set aside. The request for administrative review shall not stay any action
taken by the division.

      (d) Upon suspending, revoking or disqualifying the driving privileges
of any person as authorized by this act, the division shall immediately
notify the person in writing. Except as provided by K.S.A. 8-1002 and 8-
2,145, and amendments thereto, and subsection (c) of this section, if the
person makes a written request for hearing within 30 days after such
notice of suspension or revocation is mailed, the division shall afford the
person an opportunity for a hearing as early as practical not sooner than
five days nor more than 30 days after such request is mailed. If the division
has not revoked or suspended the person's driving privileges or vehicle
registration prior to the hearing, the hearing may be held within not to
exceed 45 days. Except as provided by K.S.A. 8-1002 and 8-2,145, and
amendments thereto, the hearing shall be held in the person's county of
residence or a county adjacent thereto, unless the division and the person
agree that the hearing may be held in some other county. Upon the
hearing, the director or the director's duly authorized agent may admin-
ister oaths and may issue subpoenas for the attendance of witnesses and
the production of relevant books and papers and may require an exami-
nation or reexamination of the person. When the action proposed or taken
by the division is authorized but not required, the division, upon the
hearing, shall either rescind or affirm its order of suspension or revocation
or, good cause appearing therefor, extend the suspension of the person's
driving privileges, modify the terms of the suspension or revoke the per-
son's driving privileges. When the action proposed or taken by the division
is required, the division, upon the hearing, shall either affirm its order of
suspension, revocation or disqualification, or, good cause appearing there-
for, dismiss the administrative action. If the person fails to request a
hearing within the time prescribed or if, after a hearing, the order of
suspension, revocation or disqualification is upheld, the person shall sur-
render to the division, upon proper demand, any driver's license in the
person's possession.

      (e) In case of failure on the part of any person to comply with any
subpoena issued in behalf of the division or the refusal of any witness to
testify to any matters regarding which the witness may be lawfully inter-
rogated, the district court of any county, on application of the division,
may compel obedience by proceedings for contempt, as in the case of
disobedience of the requirements of a subpoena issued from the court or
a refusal to testify in the court. Each witness who appears before the
director or the director's duly authorized agent by order or subpoena,
other than an officer or employee of the state or of a political subdivision
of the state, shall receive for the witness' attendance the fees and mileage
provided for witnesses in civil cases in courts of record, which shall be
audited and paid upon the presentation of proper vouchers sworn to by
the witness.

      (f) The division, in the interest of traffic and safety, may establish
driver improvement clinics throughout the state and, upon reviewing the
driving record of a person whose driving privileges are subject to suspen-
sion under subsection (a)(2), may permit the person to retain such per-
son's driving privileges by attending a driver improvement clinic. A person
who is required to attend a driver improvement clinic shall pay a fee of
$15. Amounts received under this subsection shall be remitted at least
monthly to the state treasurer who shall deposit the same in the state
treasury and shall be credited to the division of vehicles operating fund.

 Sec.  3. K.S.A. 1999 Supp. 8-255 is hereby repealed.
 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 16, 2000.
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