CHAPTER 112 SENATE BILL No. 56 An Act relating to motor vehicles; concerning the operation and registration thereof;
amending K.S.A. 8-258 and 8-285 and K.S.A. 2000 Supp. 8-262 and repealing the ex-
isting sections.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. (a) Whenever a nonresident or a person who is un-
licensed is convicted of any offense or is subject to a juvenile adjudication
or an order of the division which would require the revocation or sus-
pension of such person's driving privileges, if the person had been issued
a driver's license by the division, such nonresident's privilege to operate
a motor vehicle in this state or such unlicensed person's privilege of ob-
taining a driver's license issued by the division shall be revoked or sus-
pended. Such revocation or suspension shall be for a period of time equal
to the period of time that the driver's license of a licensed driver would
be revoked or suspended. If the driving privileges of a licensed driver
would be restricted by a court or the division, the driving privileges of a
nonresident shall be restricted in the same manner. If the driving privi-
leges of a licensed driver would be restricted by a court or the division,
an unlicensed driver shall be eligible to apply for a driver's license during
the period of restriction, but any license issued shall be subject to the
same restrictions which would apply to a licensed driver.

      (b) The division is hereby authorized to create a record with an iden-
tifying number and other identifying information, including address and
date of birth, if known, for any nonresident or unlicensed driver subject
to subsection (a). Such record shall include information showing any rev-
ocation, suspension or restriction entered under subsection (a) and the
reason for such action in the same manner that records are maintained
for licensed drivers, pursuant to K.S.A. 8-249, and amendments thereto.
If any such person becomes a licensed driver, the information contained
in such record shall be included in the person's driving record maintained
by the division.

      (c) The purpose of this section is to make nonresident and unlicensed
drivers subject to the same driving sanctions as licensed residents.

      (d) This section shall be part of and supplemental to the motor ve-
hicle drivers' license act, article 2 of chapter 8 of the Kansas Statutes
Annotated, and amendments thereto.

      New Sec.  2. (a) On and after January 1, 2002, any owner or lessee
of one or more passenger vehicles or trucks registered for a gross weight
of 20,000 pounds or less, who is a resident of Kansas, upon compliance
with the provisions of this section, may be issued one Ancient Arabic
Order, Nobles of the Mystic Shrine of North America (Shriners) 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 registra-
tion and payment of the regular license fee as provided in K.S.A. 8-143,
and amendments thereto, and the presentation of the annual logo use
authorization statement provided for in subsection (b).

      (b) The shrine temple to which the person is a member in good stand-
ing may authorize the use of their logo to be affixed on license plates as
provided by this section. Any royalty payment received pursuant to this
section shall be paid to the shrine temple and shall be used to support
the shriners hospitals for children. Any motor vehicle owner or lessee
annually may apply to the shrine temple for the use of such logo. Upon
annual application and payment to the shrine temple in an amount of not
less than $25 nor more than $100 as a logo use royalty payment for each
license plate to be issued, the shrine temple 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 license plate authorized by this section 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 such license plates shall
provide the annual logo use authorization statement provided for in sub-
section (b). Application for 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 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
license plate to the county treasurer of such person's residence.

      (f) The shrine temples of Kansas shall:

      (1) Pay the initial cost of silk-screening for license plates authorized
by this section; and

      (2) provide to all county treasurers a toll-free telephone number
where applicants can call the shrine temples for information concerning
the application process or the status of their license plate application.

      (g) The shrine temples of Kansas, with the approval 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.  3. K.S.A. 8-258 is hereby amended to read as follows: 8-258.
Any resident or nonresident, whose license to operate a motor vehicle in
this state has been suspended or revoked as provided in this act or whose
privilege to obtain a driver's license has been suspended or revoked pur-
suant to section 1, and amendments thereto, shall not operate a motor
vehicle in this state under a license, permit, or registration certificate
issued by any other jurisdiction or otherwise during such suspension or
after such revocation until a new license is obtained when and as per-
mitted under this act.

      Sec.  4. K.S.A. 2000 Supp. 8-262 is hereby amended to read as fol-
lows: 8-262. (a) (1) Any person who drives a motor vehicle on any highway
of this state at a time when such person's privilege so to do is canceled,
suspended or revoked or while such person's privilege to obtain a driver's
license is suspended or revoked pursuant to section 1, and amendments
thereto, shall be guilty of a: (A) Class B nonperson misdemeanor on the
first conviction; and (B) class A nonperson misdemeanor on the second
conviction or subsequent conviction.

      (2) No person shall be convicted under this section if such person
was entitled at the time of arrest under K.S.A. 8-257, and amendments
thereto, to the return of such person's driver's license or was, at the time
of arrest, eligible under K.S.A. 8-256, and amendments thereto, to apply
for a new license to operate a motor vehicle.

      (3) Except as otherwise provided by subsection (a)(4), every person
convicted under this section shall be sentenced to at least five days' im-
prisonment and fined at least $100 and upon a second or subsequent
conviction shall not be eligible for parole until completion of five days'
imprisonment.

      (4) If a person: (A) Is convicted of a violation of this section, com-
mitted while the person's privilege to drive or privilege to obtain a driver's
license was suspended or revoked for a violation of K.S.A. 8-1567, and
amendments thereto, or any ordinance of any city or a law of another
state, which ordinance or law prohibits the acts prohibited by that statute,;
and (B) is or has been also convicted of a violation of K.S.A. 8-1567, and
amendments thereto, or of a municipal ordinance or law of another state,
which ordinance or law prohibits the acts prohibited by that statute, com-
mitted while the person's privilege to drive or privilege to obtain a driver's
license was so suspended or revoked, the person shall not be eligible for
suspension of sentence, probation or parole until the person has served
at least 90 days' imprisonment, and any fine imposed on such person shall
be in addition to such a term of imprisonment.

      (b) The division, upon receiving a record of the conviction of any
person under this section, or any ordinance of any city or a law of another
state which is in substantial conformity with this section, upon a charge
of driving a vehicle while the license of such person is revoked or sus-
pended, shall extend the period of such suspension or revocation for an
additional period of 90 days.

      (c) In addition to extension of the period of suspension or revocation
under subsection (b), if the conviction is for a violation committed after
June 30, 1994, and before July 1, 1996, and committed while the person's
driving privileges are suspended pursuant to K.S.A. 8-1014, and amend-
ments thereto, the division, upon completion of the extended period of
suspension, shall restrict the person's driving privileges for an additional
120 days to driving only a motor vehicle equipped with an ignition inter-
lock device, as defined by K.S.A. 8-1013, and amendments thereto, ap-
proved by the division and obtained, installed and maintained at the per-
son's expense.

      On or before February 1, 1996, the division shall report to the legis-
lature regarding the use of the provisions of this subsection and making
recommendations concerning continuation or modification of such pro-
visions.

      (d) For the purposes of determining whether a conviction is a first,
second or subsequent conviction in sentencing under this section, ``con-
viction'' includes a conviction of a violation of any ordinance of any city
or a law of another state which is in substantial conformity with this sec-
tion.

      Sec.  5. K.S.A. 8-285 is hereby amended to read as follows: 8-285.
Except as otherwise provided in this section, as used in this act, the words
and phrases defined in K.S.A. 8-234a, and amendments thereto, shall
have the meanings ascribed to them therein. The term ``habitual violator''
means any resident or nonresident person who, within the immediately
preceding five years, has been convicted in this or any other state:

      (a) Three or more times of:

      (1) Vehicular homicide, as defined by K.S.A. 21-3405, and amend-
ments thereto, or as prohibited by any ordinance of any city in this state
or any law of another state which is in substantial conformity with that
statute;

      (2) violating K.S.A. 8-1567, and amendments thereto, or violating an
ordinance of any city in this state or any law of another state, which
ordinance or law declares to be unlawful the acts prohibited by that stat-
ute;

      (3) driving while the privilege to operate a motor vehicle on the public
highways of this state has been canceled, suspended or revoked, as pro-
hibited by K.S.A. 8-262, and amendments thereto, or while such person's
privilege to obtain a driver's license is suspended or revoked pursuant to
section 1, and amendments thereto, or, as prohibited by any ordinance of
any city in this state or any law of another state which is in substantial
conformity with that statute those statutes;

      (4) perjury resulting from a violation of K.S.A. 8-261a, and amend-
ments thereto, or resulting from the violation of a law of another state
which is in substantial conformity with that statute;

      (5) violating the provisions of the fifth clause of K.S.A. 8-142, and
amendments thereto, relating to fraudulent applications, or violating the
provisions of a law of another state which is in substantial conformity with
that statute;

      (6) any crime punishable as a felony, if a motor vehicle was used in
the perpetration of the crime;

      (7) failing to stop at the scene of an accident and perform the duties
required by K.S.A. 8-1602 through 8-1604, and amendments thereto, or
required by any ordinance of any city in this state or a law of another
state which is in substantial conformity with those statutes; or

      (8) violating the provisions of K.S.A. 40-3104, and amendments
thereto, relating to motor vehicle liability insurance coverage or an or-
dinance of any city in this state, which is in substantial conformity with
such statute.

      (b) Three or more times, either singly or in combination, of any of
the offenses enumerated in subsection (a).

      For the purpose of subsection (a)(2), in addition to the definition of
``conviction'' otherwise provided by law, conviction includes, but is not
limited to, a diversion agreement entered into in lieu of further criminal
proceedings, or a plea of nolo contendere, on a complaint, indictment,
information, citation or notice to appear alleging a violation of K.S.A. 8-
1567, and amendments thereto, or an ordinance of a city in this state or
law of another state, which ordinance or law prohibits the acts prohibited
by that statute.

 Sec.  6. K.S.A. 8-258 and 8-285 and K.S.A. 2000 Supp. 8-262 are
hereby repealed.
 Sec.  7. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 16, 2001.
 Published in the Kansas Register April 26, 2001.
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