Brief ⁽¹⁾

HB 2883 relates to the theft of motor fuel. The bill provides that any person who drives away from a retail establishment without paying for gasoline dispensed into the person's gasoline tank, with the intent to defraud, would upon conviction, be guilty of a Class A nonperson misdemeanor. For second convictions the person's driving privileges would be suspended for six months. Third and subsequent convictions would result in suspension of driving privileges for one year. Intentionally failing to replace or reattach the gasoline nozzle and hose of the pump or intentionally placing the nozzle and hose on the ground or pavement would be prima facie evidence of the intent to defraud for purposes of the crime. A $100 fee would have to be paid to the Division of Vehicles to reinstate a suspended driver's license.

Background

Conferees who testified in support of the bill before the House Committee included: the Executive Director of the Petroleum Marketers and Convenience Store Association of Kansas; the owner of Serrano Petroleum and Convenience Co. Inc.; the President of PRESTO; and the Vice President of SACO Petroleum. Written testimony was also submitted by the President of T&E Company, and the Vice President of Operations, Taylor Oil Inc. Conferees stated, among other things, that the average amount of drive-off loses per store is $225 per month or $2,709 per year. Conferees also noted that 12 states have some type of drive-off laws in place.

No conferees opposed the bill.

Conferees in support of the bill before the Senate Committee included the Executive Director of the Petroleum Marketers and Convenience Company Stores and the owner of Serrano Petroleum and Convenience Company Inc.

The House Transportation Committee amendment provides that failure to replace or reattach a nozzle and hose of a gasoline pump or intentionally leaving a nozzle and hose on the ground in connection with the theft of gasoline would be prima facie evidence of intent to defraud.

The Senate Transportation and Tourism Committee amendment ensures that failure to replace or reattach the nozzle and hose of the pump must be intentional for purposes of the crime.

Passage of HB 2883 would increase expenditures from the Department of Revenue's Electronic Database Fee Fund to modify the Kansas Driver's License System. The Department reports that computer system modifications would require a programmer 40 days at a cost of $203 per day, for a total of $8,120. The work would have to be completed before July 1, 2000, the effective date of the bill. The $100 license reinstatement fee would generate additional revenue for the State Highway Fund, but the Department could not determine the number of suspensions that would occur as a result of the bill.

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