As Amended by House Committee
          
Session of 1999
         
HOUSE BILL No. 2196
         
By Committee on Education
          
2-1
          
10             AN  ACT concerning driver's licenses and driving privileges of pupils;
11             requiring suspension or revocation thereof upon expulsion or ex-
12             tended-term suspension from school for certain reasons.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. As used in this act:
16             (a) "Board of education" means the board of education of a unified
17       school district or the governing authority of an accredited nonpublic
18       school.
19             (b) "School" means a public school or an accredited nonpublic school.
20             (c) "Public school" means a school operated by a unified school dis-
21       trict organized under the laws of this state.
22             (d) "Accredited nonpublic school" means a nonpublic school partic-
23       ipating in the quality performance accreditation system.
24             (e) "Chief administrative officer of a school" means, in the case of a
25       public school, the superintendent of schools and, in the case of an ac-
26       credited nonpublic school, the person designated as chief administrative
27       officer by the governing authority of the school.
28             (f) "Weapon" means (1) any weapon which will or is designed to or
29       may readily be converted to expel a projectile by the action of an explo-
30       sive; (2) the frame or receiver of any weapon described in the preceding
31       example; (3) any firearm muffler or firearm silencer; (4) any explosive,
32       incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a
33       propellant charge of more than four ounces, (D) missile having an explo-
34       sive or incendiary charge of more than 1/4 ounce (E) mine, or (F) similar
35       device; (5) any weapon which will, or which may be readily converted to,
36       expel a projectile by the action of an explosive or other propellant, and
37       which has any barrel with a bore of more than 1/2 inch in diameter; (6)
38       any combination of parts either designed or intended for use in converting
39       any device into any destructive device described in the two immediately
40       preceding examples, and from which a destructive device may be readily
41       assembled; (7) any bludgeon, sandclub, metal knuckles or throwing star;
42       (8) any knife, commonly referred to as a switch-blade, which has a blade
43       that opens automatically by hand pressure applied to a button, spring or

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  1       other device in the handle of the knife, or any knife having a blade that
  2       opens or falls or is ejected into position by the force of gravity or by an
  3       outward, downward or centrifugal thrust or movement. The term
  4       "weapon" does not include within its meaning (1) an antique firearm; (2)
  5       any device which is neither designed nor redesigned for use as a weapon;
  6       (3) any device, although originally designed for use as a weapon, which
  7       is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or
  8       similar device; (4) surplus ordinance sold, loaned, or given by the secre-
  9       tary of the army pursuant to the provisions of section 4684(2), 4685, or
10       4686 of title 10 of the United States Code; (5) class C common fireworks.
11             (g) "Controlled substance" has the meaning ascribed thereto in
12       K.S.A. 65-4101, and amendments thereto.
13             (h) "Illegal drug" means a controlled substance but does not include
14       such a substance that is legally possessed or used under the supervision
15       of a licensed health-care professional or that is legally possessed or used
16       under authority of any federal or state law.
17             Sec.  2. (a) Whenever a pupil who has attained the age of 13 years
18       has been expelled from school or suspended for an extended term in
19       accordance with the statutory provisions contained in articles 89 or 89a
20       of chapter 72 of Kansas Statutes Annotated, and such expulsion or ex-
21       tended-term suspension was imposed upon the pupil for:
22             (1) Possession of a weapon at school, upon school property, or at a
23       school-supervised activity; or
24             (2) possession, use, sale or distribution of an illegal drug or a con-
25       trolled substance at school, upon school property, or at a school-super-
26       vised activity; or
27             (3) behavior at school, upon school property, or at a school-supervised
28       activity, which resulted in, or was substantially likely to have resulted in,
29       serious bodily injury to others, the chief administrative officer of the
30       school from which the pupil was expelled or suspended shall give written
31       notice to the division of vehicles of the department of revenue of the
32       expulsion or suspension of the pupil. The notice of expulsion or suspen-
33       sion shall be given to the division of vehicles within three days, excluding
34       holidays and weekends, after imposition of the expulsion or suspension
35       and shall include the pupil's name, address, date of birth, driver's license
36       number, if available, and the reason or reasons for the expulsion or sus-
37       pension. Upon receipt of notification of the suspension or expulsion of a
38       pupil from school as provided in this section, the division of vehicles shall
39       suspend the pupil's driver's license or privilege to operate a motor vehicle
40       on the streets and highways of this state. The duration of the suspension
41       shall be for a period of one year. Upon expiration of the period of sus-
42       pension, the pupil may apply to the division for return of the license. If
43       the license has expired, the pupil may apply for a new license, which shall

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  1       be issued promptly upon payment of the proper fee and satisfaction of
  2       other conditions established by law for obtaining a license unless another
  3       suspension or revocation of the pupil's privilege to operate a motor vehicle
  4       is in effect.
  5             (b) If a pupil who is expelled or suspended from school as provided
  6       in this section does not have a driver's license, the pupil's driving privi-
  7       leges shall be revoked. No Kansas driver's license shall be issued to a
  8       pupil whose driving privileges have been revoked pursuant to this sub-
  9       section for a period of one year:
10             (1) Immediately following the date of receipt by the division of no-
11       tification of the pupil's expulsion or suspension, if the pupil is eligible to
12       apply for a driver's license; or
13             (2) after the date the pupil will be eligible to apply for a driver's
14       license, if the pupil is not eligible to apply for a driver's license on the
15       date of receipt of the notification.
16             (c) If the pupil's driving privileges have been revoked, suspended or
17       canceled for another cause, the suspension or revocation required by this
18       section shall apply consecutively to the previous revocation, suspension
19       or cancellation.
20             (d) For the purposes of this section, the term driver's license includes,
21       in addition to any commercial driver's license and any class A, B, C or M
22       driver's license, any restricted license issued under K.S.A. 8-237, and
23       amendments thereto, any instruction permit issued under K.S.A. 8-239,
24       and amendments thereto, and any farm permit issued under K.S.A. 8-
25       296, and amendments thereto.
26        Sec.  3. This act shall take effect and be in force from and after its
27       publication in the statute book.