Brief ⁽¹⁾

Sub. for SB 341 amends the law dealing with driving under the influence (DUI) of alcohol or drugs to increase the driver's license reinstatement fee; to change the driver's license suspension period for persons under 21 years of age who violate the zero tolerance law; and to recodify and change the procedures regarding driver's license suspension administrative hearings.

Reinstatement Fees. Persons who have had their driver's license suspended as a result of a test refusal, test failure, or DUI conviction shall be required to pay a driver's license examination fee on a graduated basis as follows: $100 after the first occurrence; $200 after the second occurrence; $300 after the third occurrence; and $400 after the fourth or subsequent occurrence.

Zero Tolerance-Under 21. The bill changes the driver's license suspension period for persons under 21 years of age who fail a test or have an alcohol or drug related conviction in their state for the first occurrence (.08 or above) to at least 60 days but not more than one year; and for second or subsequent occurrences for one year. For .02 to .08, the suspension period is at least 60 days but not more than one year for each occurrence. Current law requires a one-year suspension in all cases.

Administrative Hearing Procedure Recodified and Changed. Sub. for SB 341 recodifies the driver's license administrative suspension hearing in a new section of the law. The bill:

• Allows for administrative hearings to be conducted telephonically and/or by video at the discretion of the Kansas Department of Revenue.
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• Sets limits on prehearing discovery to specific documents and evidence and provides the licensee is to have access to these materials at the administrative hearing or prior to the hearing.
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• Limits witnesses at the hearing to the licensee and to any law enforcement officer who signed the certification form. Further, the signed statement of the officer will represent the testimony of the officer and will stand on its own except in the event the officer has been subpoenaed.
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• Requires a hearing to be held within 30 days and to not be dismissed "absent a showing of legal prejudice."
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• Clarifies that the testing equipment and person operating the testing equipment is certified by the Kansas Department of Health and Environment and the testing protocols are in accordance with the Department.
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• Amends the language stating "the person was operating a vehicle" to "the person was operating or attempting to operate a vehicle."

Background

SB 341, as introduced, was one of several bills proposed by a task force appointed by the Kansas Attorney General to enact tougher laws regarding driving under the influence of alcohol or drugs. The bill was assigned to a Senate Judiciary subcommittee and the substitute bill represents the subcommittee's recommendations.

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