Brief (1)
SB 429 amends statutes dealing with suspension of drivers' licenses for driving under the influence violations to cure a discrepancy and to make cleanup amendments.
The bill deletes a provision allowing a driver's license suspension for the length of a diversion agreement for drivers under 21 whose blood alcohol content is .08 or greater. The bill also deletes "at least" and "up to" language regarding the length of drivers' license suspensions in regard to 30-day and one-year suspensions in KSA 8-1001.
The House Committee amended the bill by adding a provision that would enact a new statute to the Motor Vehicle Driver's License Act. The provision would require that any person, either a nonresident or a person unlicensed to drive in Kansas, be subject to the same revocation or suspension of privileges as a driver with a Kansas driver's license would be subjected. For a nonresident, this means that the same restrictions (as a Kansas driver's license holder) would apply. For a nonlicensed driver, this means that, although the unlicensed driver would be eligible to apply for a driver's license, the privilege of obtaining a license would be suspended for the same amount of time as a licensed driver would have a suspension of driving privileges. This provision is a result of a recent Kansas Supreme Court case, State v. Victor L. Bowie, No. 82, 929, decided March 10, 2000, which stated that:
1. Driving a motor vehicle in Kansas is a privilege and not a natural right, and that privilege has been granted only to licensed drivers and those who are exempt under KSA 8-236.
2. A person who has not been licensed to drive a motor vehicle in this state cannot be charged with driving while suspended in violation of KSA 1998 Supp. 8-262(a).
In addition, the Division of Motor Vehicles would be authorized to create a record with identifying information, such as any revocation, suspension, or restriction, for any nonresident or unlicensed driver. If the person then becomes a licensed driver, the information would be included in the person's driving record.
Other amendments would clarify that penalties for purchase or consumption of alcohol by a minor and a blood alcohol test refusal or failure will include license suspension and disqualification from driving a commercial vehicle.
The amended bill would also add to the list of possible penalties a one-year suspension of driving privileges for underage persons for possession, consumption, purchase, or attempt to purchase alcoholic liquor or cereal malt beverages.
Background
The bill was requested by the Department of Revenue's Division of Vehicles as a cleanup measure. A proponent said that the 1999 Legislature made drivers' license suspensions tougher for drivers under 21 years of age whose blood alcohol content measures between .02 and .0799--one year for the first and subsequent occurrences. A discrepancy exists for drivers under 21 whose blood alcohol content is .08 or greater since the current law requires a one-year suspension or length of diversion. At least one court allowed a 30-day suspension instead of one year as part of a diversion agreement.
The bill has no fiscal impact on the state.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html