SESSION OF 1998



SUPPLEMENTAL NOTE ON SENATE BILL NO. 561



As Further Amended by House Committee on

Federal and State Affairs





Brief(1)



The bill would amend the eligibility requirements for a person under the age of 16 to get a restricted driver's license or farm permit. The bill would impose on those licensees a minimum number of adult supervised driving hours, make driving with a nonsibling minor a moving violation, and define penalties for moving violations committed while a person has a restricted license or farm permit.



After June 30, 1998, a person issued a restricted class C or class M license or farm permit prior to reaching 16 years of age, would have to provide an affidavit signed by either parent or guardian stating that the applicant had completed at least 50 hours of driving supervised by an adult. At least ten of the required 50 hours would have to be at night. The supervising adult would have to hold a valid class A, B, or C driver's license. A person with a restricted license or farm permit who does not provide the required affidavit stating that the licensee had completed the supervised driving, would not be eligible to receive a nonrestricted license until the licensee is 17 years old.







A person who is under the age of 16 and who has a class C restricted license or a farm permit is prohibited under current law from driving with a nonsibling minor passenger in the car. The bill would make violation of that prohibition a moving traffic violation for purposes of determining whether a license should be suspended as required by statute. A licensee under the age of 16 who is convicted of two or more moving traffic violations on separate occasions would not be eligible to receive a nonrestricted driver's license until the licensee is 17 years old.



The bill also would allow an adult with a valid class A driver's license to supervise a driving permit holder (who must be at least 14 years old). Under existing law only commercial driver's licensees and persons with class B or C licenses can supervise persons with driver's permits.





Background



The version of S.B. 561 that was reported, as amended, from the House Committee on Governmental Organization and Elections contained a requirement that all residential buildings have smoke detectors. After the House adopted that Committee report on the bill, it was referred to the House Committee on Federal and State Affairs. The smoke detector provisions were signed into law by the Governor prior to the House action on S.B. 561.



The House Committee on Federal and State Affairs replaced the original provisions of S.B. 561 with the new restricted driver's license provisions that are similar, but not identical to, those originally included in S.B. 417. That bill was in the Senate Committee on Transportation at the time the House Committee took action on S.B. 561. The language included by the House Committee in S.B. 561 was originally offered as a floor amendment by Representative Gilmore.



At the time the House Committee on Federal and State Affairs took action on S.B. 561, no estimate of fiscal impact of the driver's license provisions was available. The Division of the Budget's fiscal note on S.B. 417 stated that the Department of Revenue estimated an additional $3,960 expenditure would result from passage of that bill. The expense would be for programming costs necessary to modify the Kansas Drivers License System.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.