Brief ⁽¹⁾

SB 56 relates to motor vehicles.

Suspension or Revocation of a Driver's License. The bill 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. For a nonlicensed driver, although the unlicensed driver would be eligible to apply for a 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.

The Division of Vehicles would also be authorized to create a record with identifying information, such as any revocation, suspension, or restriction, for any nonresident or unlicensed driver. If a person becomes a licensed driver, the information would be included in the person's driving record.

Issuance of Shriner License Plates. The bill would also allow the Ancient Arabic Order, Nobles of the Mystic Shrine of North America (Shriners) to authorize the use of their logo to be affixed on license plates on vehicles owned by members of the Shrine. Owners of autos or trucks registered for a gross weight of not more than 20,000 pounds may be issued one plate for each vehicle upon proper registration and payment of the regular license fee.

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, the Shrine Temple is to issue to the motor vehicle owner a logo use authorization statement which is to be also presented at the time of application and registration.

The Shrine Temples of Kansas would be required to: (1) pay the initial cost of silk-screening for the plates; (2) provide to all county treasurers a toll-free telephone number where applicants can call for information concerning the application process or the status of their application; and (3) design a plate to be issued subject to the availability of materials and equipment.

These plates would be available beginning January 1, 2002.

The effective date of the bill would be upon publication in the Kansas Register.

Background

Suspension or Revocation of Driver's Licenses Activity. On this issue, the Director of Vehicles testified that in March 2000, the Kansas Supreme Court (in State v. Bowie) held that a person who had not been issued a driver's license could not be charged with driving while suspended although the person had committed an offense and had driven thereafter which would have otherwise resulted in a license suspension.

She also said that if an unlicensed driver commits a DUI violation, which carries with it a mandatory driver's license suspension, such driver can currently only be charged with driving without a license, rather than driving while suspended.

The Director further noted that the Supreme Court suggested the Legislature amend current law.

Finally, the Director said that prior to the Supreme Court decision, the Division was creating records on unlicensed drivers (including restrictions, suspensions, and revocations). She said for public safety reasons, the Division recommends reinstating this procedure.

The House Committee amendment was technical.

As to the fiscal effect, the Department of Revenue indicates that passage of these provisions of the bill would not affect State Highway Fund revenues.

Shriner License Plates Issue. Testifying in support of the Shriner plates (HB 2191) was the Marshall of Arab Shrine Center, Topeka, Kansas, and the Potentate, Arab Shrine, Topeka, Kansas.

In terms of fiscal effect, the Director of Vehicles provided the Committee with information on costs of producing the license plates. The Department of Revenue indicates that according to state Shrine officials, there are five temples in Kansas: Topeka, Kansas City, Pittsburg, Salina, and Wichita. These five temples have a total membership of 12,545. The plates are subject to the personalized late fee of $40 with registration fees remaining the same as a regular registration. If 6,000 Shriners opt for the new plate, approximately $240,000 ($40 x 6,000) in new personalized plate fees would be deposited into the State Highway Fund during calendar year 2002. For each of fiscal years 2002 and 2003, $120,000 would be received.

Also, the Information Systems Bureau of the Department of Revenue estimates that approximately 123 hours of contract Application Programmer/Analyst III time @ $125 per hour ($15,375) would be required to make the necessary modifications to the Vehicle Information Processing System.

The House Committee of the Whole amended the provisions of HB 2191 into SB 56.

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/fulltext.cgi