Rather than waiting for the annual legislative update Legal Bulletin, I want to bring your attention to a new law which took effect on April 26, 2001.

    In Legal Bulletin 00-1, I discussed State v. Bowie, 268 Kan. 794, 999 P.2d 947 (2000). In that case, the Kansas Supreme Court held that persons cannot be charged with and convicted of driving while suspended pursuant to K.S.A. 1999 Supp. 8-262(c) (or STO 194) if they had never applied for a driver's license. The court held the only appropriate charge is driving without a valid driver's license pursuant to K.S.A. 8-235 (or STO 192).

    The 2001 Legislature fixed the problem illustrated in Bowie by passing Senate Bill 56, which took effect on April 26, 2001. The bill makes it clear that nonresidents and unlicensed drivers are subject to the same sanctions as licensed resident drivers.

    New section 1(a) of Senate Bill 56 provides that nonresidents or unlicensed persons who are convicted of any offense or juvenile adjudication or an order of the division of vehicles which requires revocation, restriction or suspension of the person's driving privileges, will have their privilege to obtain a driver’s license revoked, restricted or suspended for the same amount of time as a licensed driver. New Section 1(b) gives the department of revenue specific authority to create system-generated numbers to maintain driver history. Section 3 of the bill amends K.S.A. 8-258 to extend the prohibition on driving under a foreign license while suspended in this state to those whose privilege to obtain a driver’s license has been suspended or revoked. Section 4 of the bill amends the driving while suspended statute, K.S.A. 2000 Supp. 8-262, to extend the prohibition on driving while suspended to those whose privilege to obtain a driver’s license is suspended or revoked. The bill also abolishes the former defense to driving while suspended by those who were eligible to apply for a driver's license. Section 5 of the bill amends the definition of a habitual violator in K.S.A. 8-285 to include those convicted three or more times within five years of driving while their privilege to obtain a driver’s license is suspended or revoked.

    Another provision in the bill allows for distinctive license plates for members of the Ancient Arabic Order, Nobles of the Mystic Shrine of North America (Shriners), with distinctive logos for each chapter. This provision takes effect on January 1, 2002.

Please advise if you have any questions about this bulletin.