Session of 1999
         
SENATE BILL No. 333
         
By Committee on Federal and State Affairs
         
2-22
         

  9             AN  ACT concerning motor vehicles; relating to the operation thereof
10             while under the influence of alcohol or drugs; amending K.S.A. 1998
11             Supp. 8-1012 and 8-1567a and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 8-1567a is hereby amended to read as
15       follows: 8-1567a. (a) It shall be unlawful for any person less than 21 years
16       of age to operate or attempt to operate a vehicle in this state with a breath
17       or blood, blood or urine alcohol content of .02 or greater.
18             (b) If a person less than 21 years of age submits to a breath, blood
19       or urine alcohol test requested pursuant to K.S.A. 8-1001 or 8-2,142, and
20       amendments thereto, and produces a test result of .02 or greater, but less
21       than .08, the person is guilty of a traffic infraction.
22             (c) If a person less than 21 years of age submits to a breath, blood
23       or urine alcohol test requested pursuant to K.S.A. 8-1001 or 8-2,142, and
24       amendments thereto, and produces a test result of .02 or greater, but less
25       than .08, the person's driving privileges upon the first occurrence shall be
26       suspended for 30 days and upon a second or subsequent occurrence shall
27       be suspended for 90 days.
28             (b) (d) Whenever a law enforcement officer determines that a breath
29       or blood alcohol test is to be required of a person less than 21 years of
30       age pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and amendments thereto,
31       in addition to any other notices required by law, the law enforcement
32       officer shall provide written and oral notice that: (1) It is unlawful for any
33       person less than 21 years of age to operate or attempt to operate a vehicle
34       in this state with a breath or blood, blood or urine alcohol content of .02
35       or greater; and (2) if the person is less than 21 years of age at the time
36       of the test request and submits to and completes the test or tests and the
37       test results show an alcohol concentration of .02 or greater, the such
38       person shall be guilty of a traffic infraction, subject to a fine in the amount
39       of $200 and such person's driving privileges will be suspended for at least
40       30 days upon the first occurrence and for at least 90 days upon a second
41       or subsequent occurrence.
42             (c) (e) Any suspension and restriction of driving privileges pursuant
43       to this section shall be in addition to any disqualification from driving a
44       commercial motor vehicle pursuant to K.S.A. 8-2,142 and amendments
45       thereto.
46             (d) (f) Whenever a breath or blood, blood or urine alcohol test is
47       requested pursuant to K.S.A. 8-1001 and amendments thereto, from a
48       person less than 21 years of age, and results in a test result of .02 or
49       greater, but less than .08, a law enforcement officer's certification under
50       this section shall be prepared. The certification required by this section
51       shall be signed by one or more officers to certify that:
52             (1)  (A) There existed reasonable grounds to believe that the person
53       was operating a vehicle while under the influence of alcohol or drugs, or
54       both, or to believe that the person had been driving a commercial motor
55       vehicle, as defined in K.S.A. 8-2,128 and amendments thereto, while hav-
56       ing alcohol or other drugs, or both, in such person's system; (B) the person
57       had been placed under arrest, was in custody or had been involved in a
58       vehicle accident or collision; (C) a law enforcement officer had presented
59       the person with the oral and written notice required by K.S.A. 8-1001
60       and amendments thereto, and the oral and written notice required by
61       this section; (D) that the person was less than 21 years of age at the time
62       of the test request; and (E) the result of the test showed that the person
63       had an alcohol concentration of .02 or greater in such person's blood or
64       breath, blood or urine.
65             (2) With regard to a breath test, in addition to those matters required
66       to be certified under subsection (d)(1), that: (A) The testing equipment
67       used was certified by the Kansas department of health and environment;
68       (B) the testing procedures used were in accordance with the require-
69       ments set out by the Kansas department of health and environment; and
70       (C) the person who operated the testing equipment was certified by the
71       Kansas department of health and environment to operate such
72       equipment.
73             (e) (g) If a hearing is requested as a result of a law enforcement
74       officer's certification under this section, the scope of the hearing shall be
75       limited to whether: (1) A law enforcement officer had reasonable grounds
76       to believe the person was operating a vehicle while under the influence
77       of alcohol or other drugs, or both, or to believe that the person had been
78       driving a commercial motor vehicle, as defined in K.S.A. 8-2,128 and
79       amendments thereto, while having alcohol or other drugs, or both, in such
80       person's system; (2) the person was in custody or arrested for an alcohol
81       or drug related offense or was involved in a motor vehicle accident or
82       collision resulting in property damage, personal injury or death; (3) a law
83       enforcement officer had presented the person with the oral and written
84       notice required by K.S.A. 8-1001 and amendments thereto, and the oral
85       and written notice required by this section; (4) the testing equipment
86       used was reliable certified by the department of health and environment;
87       (5) the person who operated the testing equipment was qualified certified
88       by the department of health and environment; (6) the testing procedures
89       used were reliable certified by the department of health and environment;
90       (7) the test result determined that the person had an alcohol concentra-
91       tion of .02 or greater in such person's blood or breath, blood or urine; (8)
92       the person was operating a vehicle; and (9) the person was less than 21
93       years of age at the time a test was requested.
94             (f) If a person less than 21 years of age submits to a breath or blood
95       alcohol test requested pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and
96       amendments thereto, and produces a test result of .02 or greater, but less
97       than .08, the person's driving privileges upon the first occurrence shall
98       be suspended for 30 days and upon a second or subsequent occurrence
99       shall be suspended for 90 days.
100             (g) (h) Except where there is a conflict between this section and
101       K.S.A. 8-1001 and 8-1002, and amendments thereto, the provisions of
102       K.S.A. 8-1001 and 8-1002, and amendments thereto, shall be applicable
103       to proceedings under this section.
104             (h) (i) Any determination under this section that a person less than
105       21 years of age had a test result of .02 or greater, but less than .08, and
106       any resulting administrative action upon the person's driving privileges,
107       upon the first occurrence of such test result and administrative action,
108       shall not be considered by any insurance company in determining the rate
109       charged for any automobile liability insurance policy or whether to cancel
110       any such policy under the provisions of subsection (4)(a) of K.S.A. 40-
111       277, and amendments thereto.
112             (i) The provisions of this section shall take effect on and after January
113       1, 1997.
114             Sec.  2. K.S.A. 1998 Supp. 8-1012 is hereby amended to read as
115       follows: 8-1012. A law enforcement officer may request a person who is
116       operating or attempting to operate a vehicle within this state to submit
117       to a preliminary screening test of the person's breath to determine the
118       alcohol concentration of the person's breath if the officer has reasonable
119       grounds to believe that the person: (a) Has alcohol in the person's body;
120       (b) has committed a traffic infraction; or (c) has been involved in a vehicle
121       accident or collision. At the time the test is requested, the person shall
122       be given oral notice that: (1) There is no right to consult with an attorney
123       regarding whether to submit to testing; (2) refusal to submit to testing is
124       a traffic infraction class C misdemeanor; and (3) further testing may be
125       required after the preliminary screening test. Failure to provide the notice
126       shall not be an issue or defense in any action. The law enforcement officer
127       then shall request the person to submit to the test. Refusal to take and
128       complete the test as requested is a traffic infraction class C misdemeanor.
129       If the person submits to the test, the results shall be used for the purpose
130       of assisting law enforcement officers in determining whether an arrest
131       should be made and whether to request the tests authorized by K.S.A. 8-
132       1001 and amendments thereto. A law enforcement officer may arrest a
133       person based in whole or in part upon the results of a preliminary screen-
134       ing test. Such results shall not be admissible in any civil or criminal action
135       except to aid the court or hearing officer in determining a challenge to
136       the validity of the arrest or the validity of the request to submit to a test
137       pursuant to K.S.A. 8-1001 and amendments thereto. Following the pre-
138       liminary screening test, additional tests may be requested pursuant to
139       K.S.A. 8-1001 and amendments thereto. 
140       Sec.  3. K.S.A. 1998 Supp. 8-1012 and 8-1567a are hereby repealed.
141         Sec.  4. This act shall take effect and be in force from and after its
142       publication in the statute book.