Session of 2000
By Committee on Federal and State Affairs

10             AN  ACT relating to crimes and punishments; concerning the theft of
11             motor fuel; penalties; amending K.S.A. 1999 Supp. 8-255 and repeal-
12             ing the existing section.
14       Be it enacted by the Legislature of the State of Kansas:
15             New Section  1. (a) Any person who leaves the premises of an estab-
16       lishment at which motor fuel offered for retail sale was dispensed into
17       the fuel tank of a motor vehicle by driving away in that motor vehicle
18       without having made due payment or authorized charge for the motor
19       fuel so dispensed, with the intent to defraud the retail establishment,
20       upon conviction, shall be guilty of a class A nonperson misdemeanor and
21       upon any subsequent conviction, the division shall:
22             (1) Upon a person's second conviction, suspend the person's driving
23       privileges for six months; and
24             (2) upon a person's third or subsequent conviction, suspend the per-
25       son's driving privileges for one year.
26             (b) Any person whose driving privileges have been suspended under
27       subsection (a), shall pay a reinstatement fee in the amount of $100 to the
28       division. The division of vehicles shall, at least monthly, deposit such fees
29       with the state treasurer, who shall credit such moneys to the state highway
30       fund.
31             (c) As used in this section:
32             (1) ``Division'' means the division of vehicles of the department of
33       revenue;
34             (2) ``conviction'' means a final conviction without regard whether sen-
35       tence was suspended or probation granted after such conviction. Forfei-
36       ture of bail, bond or collateral deposited to secure a defendant's appear-
37       ance in court, which forfeiture has not been vacated, shall be equivalent
38       to a conviction.
39             Sec.  2. K.S.A. 1999 Supp. 8-255 is hereby amended to read as fol-
40       lows: 8-255. (a) The division is authorized to suspend or revoke a person's
41       driving privileges upon a showing by its records or other sufficient evi-
42       dence the person:
43             (1) Has been convicted with such frequency of serious offenses


  1       against traffic regulations governing the movement of vehicles as to in-
  2       dicate a disrespect for traffic laws and a disregard for the safety of other
  3       persons on the highways;
  4             (2) has been convicted of three or more moving traffic violations com-
  5       mitted on separate occasions within a 12-month period;
  6             (3) is incompetent to drive a motor vehicle;
  7             (4) has been convicted of a moving traffic violation, committed at a
  8       time when the person's driving privileges were suspended or revoked; or
  9             (5) is a member of the armed forces of the United States stationed
10       at a military installation located in the state of Kansas, and the authorities
11       of the military establishment certify that such person's on-base driving
12       privileges have been suspended, by action of the proper military author-
13       ities, for violating the rules and regulations of the military installation
14       governing the movement of vehicular traffic or for any other reason re-
15       lating to the person's inability to exercise ordinary and reasonable control
16       in the operation of a motor vehicle.
17             (b) The division shall suspend a person's driving privileges when re-
18       quired by K.S.A. 8-262 or 8-1014, and amendments thereto, and section
19       1, and amendments thereto, and shall disqualify a person's privilege to
20       drive commercial motor vehicles when required by K.S.A. 8-2,142, and
21       amendments thereto.
22             (c) When the action by the division suspending, revoking or disqual-
23       ifying a person's driving privileges is based upon a report of a conviction
24       or convictions from a convicting court, the person may not request a
25       hearing but, within 30 days after notice of suspension, revocation or dis-
26       qualification is mailed, may submit a written request for administrative
27       review and provide evidence to the division to show the person whose
28       driving privileges have been suspended, revoked or disqualified by the
29       division was not convicted of the offense upon which the suspension,
30       revocation or disqualification is based. Within 30 days of its receipt of the
31       request for administrative review, the division shall notify the person
32       whether the suspension, revocation or disqualification has been affirmed
33       or set aside. The request for administrative review shall not stay any action
34       taken by the division.
35             (d) Upon suspending, revoking or disqualifying the driving privileges
36       of any person as authorized by this act, the division shall immediately
37       notify the person in writing. Except as provided by K.S.A. 8-1002 and 8-
38       2,145, and amendments thereto, and subsection (c) of this section, if the
39       person makes a written request for hearing within 30 days after such
40       notice of suspension or revocation is mailed, the division shall afford the
41       person an opportunity for a hearing as early as practical not sooner than
42       five days nor more than 30 days after such request is mailed. If the division
43       has not revoked or suspended the person's driving privileges or vehicle


  1       registration prior to the hearing, the hearing may be held within not to
  2       exceed 45 days. Except as provided by K.S.A. 8-1002 and 8-2,145, and
  3       amendments thereto, the hearing shall be held in the person's county of
  4       residence or a county adjacent thereto, unless the division and the person
  5       agree that the hearing may be held in some other county. Upon the
  6       hearing, the director or the director's duly authorized agent may admin-
  7       ister oaths and may issue subpoenas for the attendance of witnesses and
  8       the production of relevant books and papers and may require an exami-
  9       nation or reexamination of the person. When the action proposed or taken
10       by the division is authorized but not required, the division, upon the
11       hearing, shall either rescind or affirm its order of suspension or revocation
12       or, good cause appearing therefor, extend the suspension of the person's
13       driving privileges, modify the terms of the suspension or revoke the per-
14       son's driving privileges. When the action proposed or taken by the division
15       is required, the division, upon the hearing, shall either affirm its order of
16       suspension, revocation or disqualification, or, good cause appearing there-
17       for, dismiss the administrative action. If the person fails to request a
18       hearing within the time prescribed or if, after a hearing, the order of
19       suspension, revocation or disqualification is upheld, the person shall sur-
20       render to the division, upon proper demand, any driver's license in the
21       person's possession.
22             (e) In case of failure on the part of any person to comply with any
23       subpoena issued in behalf of the division or the refusal of any witness to
24       testify to any matters regarding which the witness may be lawfully inter-
25       rogated, the district court of any county, on application of the division,
26       may compel obedience by proceedings for contempt, as in the case of
27       disobedience of the requirements of a subpoena issued from the court or
28       a refusal to testify in the court. Each witness who appears before the
29       director or the director's duly authorized agent by order or subpoena,
30       other than an officer or employee of the state or of a political subdivision
31       of the state, shall receive for the witness' attendance the fees and mileage
32       provided for witnesses in civil cases in courts of record, which shall be
33       audited and paid upon the presentation of proper vouchers sworn to by
34       the witness.
35             (f) The division, in the interest of traffic and safety, may establish
36       driver improvement clinics throughout the state and, upon reviewing the
37       driving record of a person whose driving privileges are subject to suspen-
38       sion under subsection (a)(2), may permit the person to retain such per-
39       son's driving privileges by attending a driver improvement clinic. A person
40       who is required to attend a driver improvement clinic shall pay a fee of
41       $15. Amounts received under this subsection shall be remitted at least
42       monthly to the state treasurer who shall deposit the same in the state
43       treasury and shall be credited to the division of vehicles operating fund. 


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