Brief⁽¹⁾

H.B. 2196 concerns suspension or revocation of driving privileges of certain pupils who have been suspended or expelled. The bill applies to school districts and accredited nonpublic schools. Provisions of the bill apply to a pupil 13 years of age or older who is expelled or given a long-term suspension from school under the state's suspension and expulsion statutes for:

• possession of a weapon;



• possession, use, sale, or distribution of an illegal drug or a controlled substance; or



• behavior which resulted in, or was substantially likely to have resulted in, serious bodily injury to others.

In these instances, the chief administrative officer of the school from which the pupil was expelled or suspended gives written notice thereof to the Division of Vehicles of the Department of Revenue. The notice must be given within three days, excluding holidays and weekends, after imposition of the expulsion or suspension. The notice includes the pupil's name, address, date of birth, driver's license number, if available, and the reason for the expulsion or suspension. Upon receipt of this notice, the Division of Vehicles suspends for one year the pupil's driver's license or privilege to operate a motor vehicle on the streets and highways. When the suspension period expires, the pupil may apply for return of the license or, if the suspended license has expired, for a new license. If the expelled or suspended pupil does not have a driver's license, the pupil's driving privileges are revoked. A driver's license may not be issued to a pupil whose driving privileges have been revoked for a period of one year.

If the pupil's driving privileges have been revoked, suspended, or canceled for another cause, the suspension or revocation under this bill applies consecutively to the previous action.

Background

H.B. 2196 was requested on behalf of the Governor. The Governor's spokesperson said that this bill and H.B. 2202 are part of the Governor's safe schools initiatives. The spokesperson explained that a driver's license is a privilege not a right. If young people prove they cannot live by the rules at school, they should be treated accordingly. It was noted that the student's right to explain the circumstances of the incident are protected through the hearing process applicable to long-term suspensions or expulsions.

No other proponents or opponents presented testimony. The Kansas Association of School Boards (KASB) explained that it has no position on this issue. KASB noted that the bill imposes an additional reporting requirement for school personnel and that the three-day reporting requirement (by the school to the Division of Vehicles) is not completely clear.

The fiscal note says enactment of the bill would require State General Fund expenditures of $6,030 to make the necessary changes in the driver's license system. The cost of processing suspensions could be absorbed within existing resources.

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/bill_search.html.