746 1997 Session Laws of Kansas Ch. 133
An Act concerning school buses; relating to the operation and
use thereof; increasing cer-
tain penalties; amending K.S.A. 8-1556 and K.S.A. 1996 Supp.
8-2009a, 8-2118 and
72-8316 and repealing the existing sections.
Be it enacted by the Legislature of the State of
Kansas:
Section 1. K.S.A. 1996 Supp. 72-8316 is hereby amended to read
as
follows: 72-8316. (a) Any board of education, pursuant to a policy
devel-
oped and adopted by it, may provide for the use of district-owned
or
leased school buses when such buses are not being used for
regularly
required school purposes.
The policy may provide for:
(1) (A) Transporting parents and other adults to or from
school-
related functions or activities, (B) transporting pupils to or from
functions
or activities sponsored by organizations, the membership of which
is prin-
Ch. 133 1997 Session Laws of Kansas 747
cipally composed of children of school age, and (C) transporting
persons
engaged in field trips in connection with their participation in an
adult
education program maintained by the transporting school district or
by
any other school district, within or outside the boundaries of the
trans-
porting school district; and
(2) contracting with (A) the governing body of any township,
city or
county for transportation of senior citizen
individuals, groups or organi-
zations, (B) the governing authority of any nonpublic school for
trans-
portation of pupils attending such nonpublic school to or from
interschool
or intraschool functions or activities, (C) the board of trustees
of any
community college for transportation of students
attending enrolled in
such community college to or from attendance at class at the
community
college or to and from functions or activities of the community
college,
(D) a public recreation commission established and operated under
the
laws of this state, for any purposes related to the operation of
the recre-
ation commission and all programs and services thereof, (E) the
board of
education of any other school district for transportation, on a
cooperative
and shared-cost basis, of pupils, school personnel, parents and
other
adults to or from school-related functions or activities, or (F) a
four-year
college or university, area vocational school or area
vocational-technical
school for transportation of students to or from attendance at
class at the
four-year college or university, area vocational school or area
voca-
tional-technical school or for transportation of students,
alumni and other
members of the public to or from functions or activities of the
four-year
college or university, area vocational school or area
vocational-technical
school.
(b) The costs related to the use of school buses under authority
of
this section shall not be considered in determining the
transportation
weighting of a school district under article 64 of chapter 72 of
Kansas
Statutes Annotated.
(c) Transportation fees may be charged by the board to offset,
totally
or in part, the costs incurred for the use of school buses under
authority
of this section.
(d) Any revenues received by a board of education as
transportation
fees or under any contract entered into pursuant to this section
shall be
deposited in the transportation fund of the district and may be
expended
whether the same have been budgeted or not.
(e) The provisions of subsection (c) of K.S.A. 8-1556, and
amend-
ments thereto, apply to the use of school buses under authority of
this
section.
New Sec. 2. (a) The board of education of any school district,
pur-
suant to a policy developed and adopted by the board, may provide
that
whenever the school district furnishes school bus transportation
for pupils
of the school district to or from attendance at class in an area
vocational
748 1997 Session Laws of Kansas Ch. 133
school, area vocational-technical school, technical college,
community col-
lege, or four-year college or university, adults who are students
enrolled
at any such educational institution may be furnished such school
bus
transportation to or from attendance at class, on a space available
basis,
along with the pupils of the school district. Whenever any school
district
shall furnish transportation for adult students pursuant to a
policy adopted
under authority of this section, such transportation shall be
furnished
subject to such terms and conditions as the board of education of
the
school district shall impose.
(b) Fees for the furnishing of transportation for adult students
pur-
suant to a policy adopted under authority of this section may be
charged
such adult students to offset, totally or in part, any costs
incurred by a
school district in the furnishing of such transportation, or such
transpor-
tation may be furnished free of charge. Any revenues received by a
board
of education as fees charged adult students for transportation
furnished
under authority of this section shall be deposited in the
transportation
fund of the district and may be expended whether the same have
been
budgeted or not.
Sec. 3. K.S.A. 1996 Supp. 8-2009a is hereby amended to read
as
follows: 8-2009a. (a) Every school bus, as defined in K.S.A.
8-1461, and
amendments thereto, shall be governed by the requirements of law
and
rules and regulations of the state board of education applicable to
design,
lighting equipment, distinctive markings, special warning devices,
and any
other equipment which are in effect on the date any such school bus
is
purchased or otherwise acquired, and shall be exempt from the
require-
ments of law and rules and regulations which become effective at
any
time during a period of 12 20 years from
the date of manufacture of such
school bus, except that any school bus which was in operation on
the July 1, 1994, and
exceeds such
effective date of this act12-year 20-year
period shall be exempt until July 1, 1998. The state board of
education is
hereby required to approve any such school bus as to design, and as
to
lighting equipment, special warning devices, distinctive markings,
and any
other equipment required by law and rules and regulations, for
operation
as a school bus during such exemption period upon submission of a
re-
quest for such approval.
(b) The state board of education is authorized to establish the
pro-
cedure to be followed when request for approval of any such school
bus
is submitted under this section. The approval shall be in writing
and a
copy of the written approval shall be carried in the school bus at
all times,
but failure to carry such copy of the written approval shall not
affect the
status of the school bus as an approved school bus. The state board
of
education shall maintain a list of all such school buses which have
been
approved by the board.
Sec. 4. K.S.A. 8-1556 is hereby amended to read as follows:
8-1556.
Ch. 133 1997 Session Laws of Kansas 749
(a) The driver of a vehicle meeting or overtaking from either
direction
any school bus stopped on the highway shall stop before reaching
such
school bus when there is in operation on said
the school bus the flashing
red lights specified in subsection (a) of K.S.A. 8-1730, and
amendments
thereto, and said the driver shall not
proceed until such school bus re-
sumes motion or said driver is signalled by the school bus
driver to pro- or the flashing red lights and the stop signal arm
are no longer
ceed
actuated.
(b) Every school bus shall be equipped with red visual signals
meeting
the requirements of subsection (a) of K.S.A. 8-1730, and
amendments
thereto, which may be actuated by the driver of
said the school bus when-
ever but only whenever such vehicle is stopped on the highway for
the
purpose of receiving or discharging school children. A school bus
driver
shall not actuate said the special visual
signals:
(1) At intersections or other places where traffic is controlled
by traf-
fic-control signals or police officers; or
(2) in designated school bus loading areas where the bus is
entirely
off the roadway.
(c) Every school bus shall bear upon the front and rear thereof
plainly
visible: (1) Signs containing the words ``school bus'' in
letters not less than
eight (8) inches in height; and (2) decals
stating ``Warning, $100 Fine for
Passing Stopped School Bus with Red Lights Flashing and Stop Sign
Ac-
tivated''.
When a school bus is being operated upon a highway for purposes
other
than the actual transportation of children either to or from school
or to
or from interschool or intraschool functions or activities, or for
mainte-
nance, repair or storage purposes all markings thereon indicating
``school
bus'' shall be covered or concealed.
(d) The driver of a vehicle upon a highway with separate
roadways
need not stop upon meeting or passing a school bus which is on a
different
roadway or when upon a controlled-access highway and the school bus
is
stopped in a loading zone which is a part of or adjacent to such
highway
and where pedestrians are not permitted to cross the
roadway.
(e) The provisions of this section shall be subject to the
provisions
contained in K.S.A. 8-2009a, and amendments thereto.
Sec. 5. K.S.A. 1996 Supp. 8-2118 is hereby amended to read as
fol-
lows: 8-2118. (a) A person charged with a traffic infraction shall,
except
as provided in subsection (b), appear at the place and time
specified in
the notice to appear. If the person enters an appearance, waives
right to
trial, pleads guilty or no contest, the fine shall be no greater
than that
specified in the uniform fine schedule in subsection (c) and court
costs
shall be taxed as provided by law.
(b) Prior to the time specified in the notice to appear, a
person
charged with a traffic infraction may enter a written appearance,
waive
750 1997 Session Laws of Kansas Ch. 133
right to trial, plead guilty or no contest and pay the fine for
the violation
as specified in the uniform fine schedule in subsection (c) and
court costs
provided by law. Payment may be made by mail or in person and may
be
by personal check. The traffic citation shall not have been
complied with
if a check is not honored for any reason, or if the fine and court
costs are
not paid in full. When a person charged with a traffic infraction
makes
payment without executing a written waiver of right to trial and
plea of
guilty or no contest, the payment shall be deemed such an
appearance,
waiver of right to trial and plea of no contest.
(c) The following uniform fine schedule shall apply
uniformly
throughout the state but shall not limit the fine which may be
imposed
following a court appearance, except an appearance made for the
purpose
of pleading and payment as permitted by subsection (a). The
description
of offense contained in the following uniform fine schedule is for
refer-
ence only and is not a legal definition.
Description of Offense Statute Fine
Refusal to submit to a preliminary breath test 8-1012 $30
Unsafe speed for prevailing conditions 8-1557 $20
Exceeding maximum speed limit; or speeding in zone 8-1558 1-10 mph over
posted by the state department of transportation; to the limit, $10;
or speeding in locally posted zone 8-1560
11-20 mph over
8-1560a the limit, $10
or plus $2 per mph
8-1560b over 10 mph over
the limit;
21-30 mph over
the limit, $30
plus $3 per mph
over 20 mph over
the limit;
31 and more mph
over the limit,
$60 plus $5 per
mph over 30 mph
over the limit;
Disobeying traffic control device 8-1507 $20
Violating traffic control signal 8-1508 $20
Violating pedestrian control signal 8-1509 $10
Violating flashing traffic signals 8-1510 $20
Violating lane-control signal 8-1511 $20
Unauthorized sign, signal, marking or device 8-1512 $10
Driving on left side of roadway 8-1514 $20
Failure to keep right to pass oncoming vehicle 8-1515 $20
Improper passing; increasing speed when passed 8-1516 $20
Improper passing on right 8-1517 $20
Passing on left with insufficient clearance 8-1518 $20
Driving on left side where curve, grade, intersection 8-1519 $20
railroad crossing, or obstructed view
Driving on left in no-passing zone 8-1520 $20
Ch. 133 1997 Session Laws of Kansas 751
Driving wrong direction on one-way road 8-1521 $20 Improper driving on laned roadway 8-1522 $20 Following too close 8-1523 $20 Improper crossover on divided highway 8-1524 $10 Failure to yield right-of-way at uncontrolled 8-1526 $20 intersection Failure to yield to approaching vehicle when turning 8-1527 $20 left Failure to yield at stop or yield sign 8-1528 $20 Failure to yield from private road or driveway 8-1529 $20 Failure to yield to emergency vehicle 8-1530 $30 Failure to yield to pedestrian or vehicle working on 8-1531 $10 roadway Failure to comply with restrictions in road 8-1531a $10 construction zone Disobeying pedestrian traffic control device 8-1532 $10 Failure to yield to pedestrian in crosswalk; pedestrian 8-1533 $20 suddenly entering roadway; passing vehicle stopped for pedestrian at crosswalk Improper pedestrian crossing 8-1534 $10 Failure to exercise due care in regard to pedestrian 8-1535 $10 Improper pedestrian movement in crosswalk 8-1536 $10 Improper use of roadway by pedestrian 8-1537 $10 Soliciting ride or business on roadway 8-1538 $10 Driving through safety zone 8-1539 $10 Failure to yield to pedestrian on sidewalk 8-1540 $10 Failure of pedestrian to yield to emergency vehicle 8-1541 $10 Failure to yield to blind pedestrian 8-1542 $10 Pedestrian disobeying bridge or railroad signal 8-1544 $10 Improper turn or approach 8-1545 $20 Improper ``U'' turn 8-1546 $20 Unsafe starting of stopped vehicle 8-1547 $10 Unsafe turning or stopping, failure to give proper 8-1548 $20 signal; using turn signal unlawfully Improper method of giving notice of intention to turn 8-1549 $10 Improper hand signal 8-1550 $10 Failure to stop or obey railroad crossing signal 8-1551 $60 Failure to stop at railroad crossing stop sign 8-1552 $40 Certain hazardous vehicles failure to stop at railroad 8-1553 $60 crossing Improper moving of heavy equipment at railroad 8-1554 $20 crossing Vehicle emerging from alley, private roadway, 8-1555 $20 building or driveway Improper passing of school bus; improper use of 8-1556$60$100 school bus signals Improper passing of church or day-care bus; 8-1556a $60 improper use of signals Impeding normal traffic by slow speed 8-1561 $10 Speeding on motor-driven cycle 8-1562 $20 Speeding in certain vehicles or on posted bridge 8-1563 $10 Improper stopping, standing or parking on roadway 8-1569 $10 Parking, standing or stopping in prohibited area 8-1571 $10 Improper parking 8-1572 $10 Unattended vehicle 8-1573 $10
752 1997 Session Laws of Kansas Ch133
Improper backing 8-1574 $10 Driving on sidewalk 8-1575 $10 Driving with view or driving mechanism obstructed 8-1576 $10 Unsafe opening of vehicle door 8-1577 $10 Riding in house trailer 8-1578 $10 Improper driving in defiles, canyons, or on grades 8-1579 $10 Coasting 8-1580 $10 Following fire apparatus too closely 8-1581 $20 Driving over fire hose 8-1582 $10 Putting glass, etc., on highway 8-1583 $30 Driving into intersection, crosswalk, or crossing 8-1584 $10 without sufficient space on other side Improper operation of snowmobile on highway 8-1585 $10 Parental responsibility of child riding bicycle 8-1586 $10 Not riding on bicycle seat; too many persons on 8-1588 $10 bicycle Clinging to other vehicle 8-1589 $10 Improper riding of bicycle on roadway 8-1590 $10 Carrying articles on bicycle; one hand on handlebars 8-1591 $10 Improper bicycle lamps, brakes or reflectors 8-1592 $10 Improper operation of motorcycle; seats; passengers, 8-1594 $10 bundles Improper operation of motorcycle on laned roadway 8-1595 $20 Motorcycle clinging to other vehicle 8-1596 $10 Improper motorcycle handlebars or passenger 8-1597 $20 equipment Motorcycle helmet and eye-protection requirements 8-1598 $10 Unlawful riding on vehicle 8-1578a $20 Unlawful operation of all-terrain vehicle 8-15,100 $20 Equipment offenses that are not misdemeanors 8-1701 $20 Driving without lights when needed 8-1703 $20 Defective headlamps 8-1705 $10 Defective tail lamps 8-1706 $10 Defective reflector 8-1707 $10 Improper stop lamp or turn signal 8-1708 $10 Improper lighting equipment on certain vehicles 8-1710 $10 Improper lamp color on certain vehicles 8-1711 $10 Improper mounting of reflectors and lamps on certain 8-1712 $10 vehicles Improper visibility of reflectors and lamps on certain 8-1713 $10 vehicles No lamp or flag on projecting load 8-1715 $20 Improper lamps on parked vehicle 8-1716 $10 Improper lights, lamps, reflectors and emblems on 8-1717 $10 farm tractors or slow-moving vehicles Improper lamps and equipment on implements of 8-1718 $10 husbandry, road machinery or animal-drawn vehicles Unlawful use of spot, fog, or auxiliary lamp 8-1719 $10 Improper lamps or lights on emergency vehicle 8-1720 $10 Improper stop or turn signal 8-1721 $10 Improper vehicular hazard warning lamp 8-1722 $10 Unauthorized additional lighting equipment 8-1723 $10 Improper multiple-beam lights 8-1724 $10 Failure to dim headlights 8-1725 $20
Ch. 133 1997 Session Laws of Kansas 753
Improper single-beam headlights 8-1726 $10 Improper speed with alternate lighting 8-1727 $10 Improper number of driving lamps 8-1728 $10 Unauthorized lights and signals 8-1729 $10 Improper school bus lighting equipment and warning 8-1730 $10 devices Unauthorized lights and devices on church or day- 8-1730a $10 care bus Improper lights on highway construction or 8-1731 $10 maintenance vehicles Defective brakes 8-1734 $10 Defective or improper use of horn or warning device 8-1738 $10 Defective muffler 8-1739 $10 Defective mirror 8-1740 $10 Defective wipers; obstructed windshield or windows 8-1741 $10 Improper tires 8-1742 $10 Improper flares or warning devices 8-1744 $10 Improper use of vehicular hazard warning lamps and 8-1745 $10 devices Improper air-conditioning equipment 8-1747 $10 TV screen visible to driver 8-1748 $10 Improper safety belt or shoulder harness 8-1749 $10 Improper wide-based single tires 8-1742b $20 Defective motorcycle headlamp 8-1801 $10 Defective motorcycle tail lamp 8-1802 $10 Defective motorcycle reflector 8-1803 $10 Defective motorcycle stop lamps and turn signals 8-1804 $10 Defective multiple-beam lighting 8-1805 $10 Improper road-lighting equipment on motor-driven 8-1806 $10 cycles Defective motorcycle or motor-driven cycle brakes 8-1807 $10 Improper performance ability of brakes 8-1808 $10 Operating motorcycle with disapproved braking 8-1809 $10 system Defective horn, muffler, mirrors or tires 8-1810 $10 Unlawful statehouse parking 75-4510a $5
(d) Traffic offenses classified as traffic infractions by this
section shall
be classified as ordinance traffic infractions by those cities
adopting
ordinances prohibiting the same offenses. A schedule of fines for
all
ordinance traffic infractions shall be established by the municipal
judge
in the manner prescribed by K.S.A. 12-4305 and amendments
thereto.
Such fines may vary from those contained in the uniform fine
schedule
contained in subsection (c).
(e) Fines listed in the uniform fine schedule contained in
subsection
(c) shall be doubled if a person is convicted of a traffic
infraction, which
is defined as a moving violation in accordance with rules and
regulations
adopted pursuant to K.S.A. 8-249, and amendments thereto,
committed
within any road construction zone as defined in K.S.A. 1996 Supp.
8-
1458a, and amendments thereto.
754 1997 Session Laws of Kansas Ch. 133
Sec. 6. K.S.A. 8-1556 and K.S.A. 1996 Supp. 8-2009a, 8-2117
and
72-8316 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and
after its
publication in the statute book.
Approved April 24, 1997.