Week of March 21, 2005

Legislative Post Audit 12:00 noon Angie Barnes, Sec.–296-3792 241-N
Wednesday, March 23
Performance Audits:
Unemployment Benefit Payments: Reviewing benefit payouts and changes in the number of employees determined to be eligible (Limited Scope Audit)
School Finance: Putting district budgetary data into a more accessible database
(Limited Scope Audit)

Corrections and Juvenile Justice Connie Burns, Sec. - Ph 6-7655 1:30 - 3:30 p.m. Room 241-N
Monday, March 21
Hearing on:
Sub for SB 77 - Racial profiling; requirements of law enforcement agencies; civil cause of action
Possible action on any bill previously heard

Tuesday, March 22
Action on any bill previously heard

Week of March 14, 2005

Ways and Means 10:30 a.m. Mary Shaw, Sec.–296-3775 123-S
Tuesday, March 15
Bill introductions
Subcommittee report on:
Kansas Public Employees Retirement System (KPERS) Issues
Hearing on:
SB 281--KPERS, retirement plan for members first hired on and after July 1, 2007
Possible action on any bills previously heard

Corrections and Juvenile Justice Connie Burns, Sec. - Ph 6-7655 1:30 - 3:30 p.m. Room 241-N
Monday, March 14
Hearing on:
SB 27 - Unlawfully selling drug products containing Ephedrine or Pseudoephedrine, pharmacy controls; rebuttable presumption of intent if possession of more than nine grams
Possible action on any bill previously heard
Hearing Continued:
SB 27 - Unlawfully selling drug products containing Ephedrine or Pseudoephedrine, pharmacy controls; rebuttable presumption of intent if possession of more than nine grams
Dealing with the Terror of Methephederine/Addiction - Community and Law Enforcement
Briefing on Treatment for Meth Addiction
Possible action on any bill previously heard

Wednesday, March 16
Hearings on:
SB 82 - Previous sexual conduct of complaining witness in sex offense prosecutions not admissible in any court proceeding
SB 25 - Terrorism and illegal use of weapons of mass destruction, penalties, procedures
SB 89 - Payment of certain medical expenses of prisoners injured by a state officer or employee
Possible action on any bill previously heard

Thursday, March 17
Hearings on:
SB 71 - Creating the crime of automated teller machine robbery and aggravated automated teller machine robbery
SB 72 - Worthless checks, more than once in a seven-day period, increased penalty
Action on any bill previously heard

Friday, March 18
Meeting on Call of the Chair

Week of March 7, 2005

Judiciary 9:30 a.m. Nancy Lister, Sec.–296-6817 123-S
Monday, March 7
Hearings on:
HB 2016--Arbitration; validity of agreement; can apply to employer employee contracts and a tort claim
SB 38--Public records made subject to subpoena, discovery or other process
HB 2109--Child passenger safety, seat belts, manufactured after 1968
Final action on bills previously heard

Ways and Means 10:30 a.m. Mary Shaw, Sec.–296-3775 123-S 
Thursday, March 10
Bill introductions
Subcommittee reports on:
Kansas Parole Board, Kansas Bureau of Investigation, Board of Emergency Medical Services, Kansas Sentencing Commission, State Fire Marshal, Kansas Highway Patrol, Adjutant General Department (including Civil Air Patrol)
Possible action on any bills previously heard

Ways and Means Subcommittee on Capital Improvements 12:00 noon to Sue Coleman-Munoz, Sec.–296-7389 123-S 1:30 p.m.
Wednesday, March 9
Staff briefing/Agency presentation/Hearings/Deliberations:
Judicial Branch
Corrections System
Kansas Bureau of Investigation
Adjutant General
Kansas Highway Patrol
Department of Transportation

Ways and Means Subcommittee on KPERS Budget/Other Issues On adjournment Janet Martinek, Sec.–296-2419 359-E    President’s Office
Monday, March 7
KPERS Budget:
Deliberations 

Tuesday, March 8
KPERS/Other Issues:
Briefing on all KPERS bills referred to subcommittee:
SB 20, SB 21, SB 22, SB 95, SB 99, SB 189, SB 236, SB 237, SB 279, SB 281
Public hearings
Deliberations

Wednesday, March 9
KPERS/Other Issues:
Deliberations - All issues

Corrections and Juvenile Justice Connie Burns, Sec. - Ph 6-7655 1:30 - 3:30 p.m. Room 241-N
Wednesday, March 9
Hearings on:
SB 180 - Preliminary screening tests for alcohol consumption by minors; admissible into evidence
SB 148 - Striking 5-year limitation on increase in repeat DUI penalties
SB 147 - Increasing general time limitation for actions to five years
Possible action on bills previously heard

Federal and State Affairs Carol Doel, Sec. - Ph 368-7166 1:30 - 3:30 p.m. Room 313-S
Tuesday, March 8
Bill Introductions
Hearings on:
HB 2439 - Concerning firearms and ammunition, and components or combinations thereof; prohibiting cities and counties from taking certain actions with regard thereto
SB 195 - Concerning firearms; relating to the disposition thereof after seizure

Judiciary Cindy O’Neal, Sec. - Ph 6-5805 3:30 - 5:30 p.m. Room 313-S
Monday, March 7
Hearings on:
SB 5 - Trade secret defined as in uniform trade secrets act
SB 36 - The Supreme Court may require applicants to practice law to be fingerprinted & submit to a national criminal history record check
SB 39 - Service of process fees charged by sheriff; single payment for same case
Possible action on any bills previously heard

Select, On Call and Joint Committees Joint Committee On Kansas Security Dana Wurdeman, Sec. - Ph. 296-7347 8:30 a.m . Room to be announced
Friday, March 11
Review of Security Measures
Presentation by: General Tod Bunting, Adjutant General Col. William Seck, Superintendent of the Kansas Highway Patrol
Review of State Contracts Procedures
Presentation by: Chris Howe, Department of Administration
Contract procedures for Homeland Security Funding
Presentation by: Captain Mark Bruce, Kansas Highway Patrol

Week of February 28, 2005

Please note there will be no session on Monday, February 28th

Corrections and Juvenile Justice Connie Burns, Sec. - Ph 6-7655 1:30 - 3:30 p.m. Room 241-N
Thursday, March 3
Hearings on:
SB 47 - Dissemination of department of corrections rules and regulations to inmates
SB 25 - Terrorism and illegal use of weapons of mass destruction, penalties, procedures
SB 89 - Payment of certain medical expenses of prisoners injured by a state officer or employee

Federal and State Affairs Carol Doel, Sec. - Ph 368-7166 1:30 - 3:30 p.m. Room 313-S
Wednesday, March 2
Bill Introductions
Hearings on:
HB 2177 - Use of forfeited firearms by law enforcement agencies to trade for other firearms or accessories
HB 2449 - Placing limitations on the sale, trade or other transfer of ownership of firearms by law enforcement
HB 2266 - Kansas explosives act

Week of February 17, 2005

Federal and State Affairs Carol Doel, Sec. - Ph 368-7166 1:30 - 3:30 p.m. Room 313-S
Monday, February 21
Bill Introductions
Hearing on:
HB 2309- Relating to enforcement of county codes in counties with population in excess of 100,000

Wednesday, February 23
Bill Introductions
Hearings on:
HB 2177 - Use of forfeited firearms by law enforcement agencies to trade for other firearms or accessories
HB 2449 - Ballistics testing of certain firearms required before sale or trade by a law enforcement agency

Federal and State Affairs
10:30 a.m. Dee Woodson, Sec.–296-4335 231-N
Tuesday, February 22
Presentation to the Committee on:
The constitutional issues related to SB 168 and SB 170 by Jim Borthwick, Attorney with Blackwell Sanders Peper Martin, LLP, Kansas City

Discussion and final action on:
SB 77--Racial profiling; creating a misdemeanor violation, civil cause of action, requirements of law enforcement agencies
SB 121--Charitable organizations and solicitations act; registration statement; audited financial statement
SB 109--Gaming compacts; relating to the procedure for the approval thereof
SB 153--State-tribal gaming compacts; procedure for approval when legislature not in session

Week of February 14, 2005

Assessment and Taxation 10:30 a.m. Nancy Kirkwood, Sec.–296-2713 519-S
Confirmation hearing on:
Rebecca W. Crotty, Member, State Board of Tax Appeals
Hearing on:
SB 195--Concerning the disposition of seized firearms
Possible action on bills previously heard

Appropriations Shirley Jepson, Sec. - Ph 291-3446 9:00 - 11:00 a.m. Room 514-S
Thursday, February 17
Introduction of proposed legislation
Budget reports on:
Kansas Guardianship Program, Kansas Public Employees Retirement System, Kansas Public Employees Retirement System Issues
Possible action on bills previously heard

Commerce and Labor June Evans, - Ph 6-7659 9:00 - 11:00 a.m. Room 241-N
Monday, February 14
Hearings on:
HB 2272 - Workers compensation maximum benefits and advisory council

Corrections and Juvenile Justice Connie Burns, Sec. - Ph 6-7655 1:30 - 3:30 p.m. Room 241-N
Monday, February 14
Hearings on:
HB 2151 - Search warrants issued in violation of health, safety, building or animal cruelty laws/resolutions/ordinances
HB 2261 - Search incident to lawful arrest includes evidence of any crime
HB 2314 - Timing of offender registration
HB 2201 - Offender registration retroactivity
HB 2327 - Authority for Juvenile Justice Authority to test offenders for infectious diseases
HB 2328 - Placement of offenders in juvenile facilities

Tuesday, February 15
Hearings on:
HB 2304 - Criminal act to ingest or inject certain controlled substances
HB 2313 - Driving under the influence and use of interlock devices
HB 2386 - Unlawful sexual relations includes court services officers and community correctional officers
HB 2180 - Inherently dangerous felonies
HB 2179 - Penalties relating to vital records

Wednesday, February 16
Briefing by Kansas Sentencing Commission on SB 123
Hearings on:
HB 2231 - Defendant may petition the court to modify certain drug offense prison sentences to certified drug abuse treatment programs
HB 2380 - Duties of the attorney general and assistants
HB 2381 - Exception to Kansas Open Records Act regarding confidential personal information
HB 2382 - KS offender registration applies only to offenders 16 years and older
HB 2383 - Clarification of unavailability of a witness for a deposition
HB 2385 - Admission of photographs of wrongfully taken property

Thursday, February 17
Hearings on:
HB 2004 - Crimes of trafficking in the first degree and trafficking in the second degree
HB 2176 - Appointments subject to confirmation; KBI background investigations; disclosure of information
HB 2303 - Minimum firearms qualifications to be established by rules and regulations for peace officers
HB 2387 - Death of inmate, prisoner or juvenile in custody; investigation by KBI unless natural cause of death
HB 2344 - Truancy under the Kansas code for care of children
HB 2129 - Compensation for attorneys representing indigent defendants, $80 per hour

Friday, February 18
Meeting on call of the Chair

Week of February 7, 2005

Commerce and Labor  June Evans, - Ph 6-7659 9:00 - 11:00 a.m. Room 241-N
Monday, February 7
Hearing on: (Opponents only)
HB 2142 - Workers compensation; date of accident, employer’s maximum liability for disability compensation, attorney fees

Tuesday, February 8
Hearing on: (Proponents only)
HB 2142 - Workers compensation; date of accident, employer’s maximum liability for disability compensation, attorney fees

Wednesday, February 9
Continuation of Hearing on:
HB 2142 - Workers compensation; date of accident, employer’s maximum liability for disability compensation, attorney fees

Corrections and Juvenile Justice Connie Burns, Sec. - Ph 6-7655 1:30 - 3:30 p.m. Room 241-N
Monday, February 7
Staff Presentation:
The Death Penalty, from Kleypas to Marsh
Division of Post Audit:
Costs Incurred for Death Penalty Cases: A K-GOAL Audit of the Department of Corrections, December 2003
Randy Hearrell, Judicial Council:
Report on Death Penalty Advisory Committee

Tuesday, February 8
Hearing on:
HB 2061 - Death penalty; if aggravating circumstances outweigh mitigating circumstances, the sentence is death; if circumstances are equal, the defendant is not sentenced to death

Wednesday, February 9
Continued Hearing on:
HB 2061 - Death penalty; if aggravating circumstances outweigh mitigating circumstances, the sentence is death; if circumstances are equal, the defendant is not sentenced to death
Opponents of Kansas Death Penalty

Thursday, February 10
Hearings on:
HB 2206 - Disposal of abandoned inmate property
HB 2076 - Miki's law; establishment of a registry of persons convicted of felonies using a deadly weapon

Revenue, Judicial, Transportation and Retirement Budget Committee Barb Crable, Sec. - Ph 6-7667 1:30 - 3:30 p.m. Room 233-N
Wednesday, February 9
KPERS Agency Request
Question from Committee

Thursday, February 10
KPERS Committee discussion
Work Budget

Commerce 8:30 a.m. Jackie Lunn, Sec.–296-4336 123-S
Tuesday, February 8
Hearings on:
SB 55--Employment security law; positive breath alcohol test; conclusive evidence of misconduct
SB 107--Unemployment benefits; disqualifying certain persons Wednesday, February 9
Hearing on:
SB 108--Employment security law; amendments to comply with the SUTA
Dumping Prevention
Possible action on any bills previously heard

Judiciary 9:30 a.m. Nancy Lister, Sec.–296-6817 123-S
Monday, February 7
Introduction of bills
Final action on:
SB 6--Abolition of the Kansas death penalty
SB 14--Definition of mentally retarded for the purposes of imposing the death penalty; pre-trial hearing and special verdict question to the jury
SB 32--Persons with a cognitive disability not eligible for death penalty
SB 39--Service of process fees charge by sheriff; single payment for same case
SB 28--Death penalty; if aggravating circumstances outweigh mitigating circumstances, the sentence is death; if circumstances are equal, the defendant is not sentenced to death
SB 30--Exercising the state's option to provide an exemption to disqualification for public assistance to certain drug offenders
SB 36--The supreme court may require applicants to practice law to be fingerprinted and submit to a national criminal history record check  

Tuesday, February 8
Introduction of bills Hearings on:
SB 75--Creating an immunity from liability for claims relating to obesity or weight gain
SB 96--Punitive damage awards; splitting awards Possible final action on bills previously heard  

Wednesday, February 9
Introduction of bills Hearings on:
SB 82--Previous sexual conduct of complaining witness in sex offense prosecutions not admissible in any court proceeding
SB 83--Sexual battery; striking the spousal exemption
SB 111--Increasing marriage license fees; creating the domestic violence and sexual assault centers fund Possible final action on bills previously heard  

Thursday, February 10
Introduction of bills (last day) Hearings on:
SB 97--Construction contracts; indemnification agreements
SB 112--Materialman's liens; priority of claims; property under construction Final action on:
SB 52--Providing employer contribution for health insurance for senior judges
SB 61--Divorce/child custody; shared residency, child resides with both parents on an equal/near equal basis
SB 71--Creating the crime of automated teller machine robbery and aggravated automated teller machine robbery  

Federal and State Affairs 10:30 a.m. Dee Woodson, Sec.–296-4335 231-N
Wednesday, February 9
Introduction of bills Hearing on: Discussion and possible final action on:
SB 77--Racial profiling; creating a misdemeanor violation, civil cause of action, requirements of law enforcement agencies - See Legislative Issues Below

Week of January 31, 2005

Federal and State Affairs 10:30 a.m. Dee Woodson, Sec.–296-4335 231-N
Thursday, February 3 - Note change in location - Room 313-S
Introduction of bills Hearing on:
SB 77--Racial profiling; creating a misdemeanor violation, civil cause of action, requirements of law enforcement agencies

Judiciary 9:30 a.m. Nancy Lister, Sec.–296-6817 123-S
Monday, January 31
Introduction of bills Final action on:
SB 27--Unlawfully selling drug products containing Ephedrine or Pseudoephedrine, pharmacy controls; rebuttable presumption of intent if possession of more than nine grams
SB 5--Trade secret defined as in uniform trade secrets act
SB 7--In child custody/residency, relevant factors include whether parent is residing with registered offender or person convicted of child abuse; notification to other parent if parent is residing with such offender
SB 24--Confidential security records or information, not subject to subpoena or discovery
SB 25--Terrorism and illegal use of weapons of mass destruction, penalties, procedures  

Tuesday, February 1
Introduction of bills Hearings on:
SB 40--Probate code; notice to surviving spouse; responsibility shifted from court to administrator, executor, petitioner or attorney representing such person
SB 50--Changing references to the soldiers and sailors civil relief act to the service members civil relief act
SB 52--Providing employer contribution for health insurance for senior judges Possible final action on:
SB 30--Exercising the state’s option to provide an exemption to disqualification for public assistance to certain drug offenders
SB 36--The supreme court may require applicants to practice law to be fingerprinted and submit to a national criminal history record check  

Wednesday, February 2
Introduction of bills Hearings on:
SB 51--Tobacco settlement agreement; release of funds from escrow
SB 53--Expert and opinion testimony Possible final action on bills previously heard  

Ways and Means Subcommittee on Public Safety
KBI
Parole Board
On adjournment to Sandy Yingling, Sec.–296-7394 234-N 1:00 p.m.
Friday, February 4
Staff briefing/Agency presentations/Public hearings:
KBI, Parole Board  

Commerce and Labor June Evans, - Ph 6-7659 9:00 - 11:00 a.m. Room 241-N
Monday, January 31
Introduction of Bills Briefing by Jeff Kniep, Coordinator, Grow Kansas  

Tuesday, February 1
Introduction of Bills Hearing on: (Opponents only)
HB 2141 - Workers compensation; burden of proof for admission of chemical test result into evidence  

Wednesday, February 2
Introduction of Bills Continuation of Hearing on: (Proponents only)
HB 2141 - Workers compensation; burden of proof for admission of chemical test result into evidence  

Corrections and Juvenile Justice Connie Burns, Sec. - Ph 6-7655 1:30 - 3:30 p.m. Room 241-N
Bill Introductions Hearings on:
HB 2062 - Creating the office of district attorney in judicial districts that vote for approval
HB 2081 - Requiring county jail officers to complete basic course of training
HB 2087 - Identity theft, defrauding for any benefit, not just economic
HB 2151 - Search warrants issued in violation of health, safety, building or animal cruelty laws/resolutions/ordinances  

Federal and State Affairs Carol Doel, Sec. - Ph 368-7166 1:30 - 3:30 p.m. Room 313-S
Tuesday, February 1
Meeting on call of the Chair  

Wednesday, February 2
Hearing on:
HB 2033 - Relating to criminal use of weapons; stun guns or tasers  

Public Safety Budget Committee Deb O’Neil, Sec. - Ph. 6-7616 1:30 - 3:30 p.m. Room 527-S
Monday, January 31
Budget Review Kansas Bureau of Investigation  

Transportation Betty Boaz, Sec. - Ph 6-7640 1:30 - 3:30 p.m. Room 519-S
Tuesday, February 1
Introduction of bills
HB 2078 - Lead motor vehicle of funeral procession, lights Possible action on bills previously heard Introduction of Kansas Motor Carriers

January 28, 2005

Week three of the legislative session yielded a comprehensive study of the death penalty.  The Senate Judiciary committee looked at three different aspects of the death penalty.  The first hearing dealt with the problem the Kansas Supreme Court identified in the State v. Marsh case.  On Tuesday, the committee looked a bill that would change the definition of mental retardation for purposes of the death penalty.  The committee followed up on Wednesday with SB 6 that would repeal the death penalty.  It appears that the Legislature has decided to slow down and study the complexity of the issues involved in the death penalty.  The week of February 7 will be the next time the Legislature discusses the death penalty.

SB 27, which would regulate the sale of ephedrine and pseudoephedrine, is scheduled to be worked in Senate Judiciary on Monday, January 31.  It appears that the opponents (some pharmacists, some retailers and manufacturers) of the bill are attempting to push the legislature to restrict the sale of the products instead of requiring pharmacists to distribute them as a Schedule 5 drug. They believe that retailers should have the ability to restrict the sale in the best way for their store. 

Law enforcement believes that this is much less restrictive and would still allow for smurfing of the products.  It will also slow down law enforcement’s ability to check the logs.  It would require law enforcement to check the logs at all retailers instead of just having to check the logs at pharmacies.  It is time for all of law enforcement to begin calling, writing and discussing with their local legislators the important need for this bill and the Schedule 5 restriction.

On Thursday, February 3, 2005 the Senate Federal & State Affairs committee is holding hearings on SB 77.  The bill is legislation that makes racial profiling a misdemeanor, requires a statewide policy for racial profiling, would allow for civil action against any law enforcement officer and sets up reporting of racial profiling to certain state officials.  After talking with key legislators, we would recommend that law enforcement take a cautious approach with this bill.  Our office will keep you updated as we learn more details. 

Next week’s schedule in the Legislature is:

SB 71 - creating the crime of automated teller robbery;

HB 2081 - requiring county jail officers to complete basic course of training;

HB 2038 - create multi-disciplinary groups for adult abuse;

HB 2151 - search warrants issued in violations of health, safety, building or animal cruelty laws; HB 2162 - upward departures from sentencing guidelines;

HB 2122 - increasing from $500 to $1,000 the misdemeanor felony distinction in crimes involving a type of theft or loss of value. 

All of these bills can be reviewed at www.kslegislature.org.  We will also keep you updated on a bill that would make eluding a police officer an inherently dangerous felony.  The bill was introduced by the Kansas Sheriffs Association and is also being supported by the KCDAA. 

Please remember that everyone is invited to the Joint Law Enforcement reception next Tuesday evening at the Capitol Plaza Hotel from 5:30-8:30 pm and the Attorney General March on Tuesday afternoon at 4:00 pm at the Capitol building.  If you have any questions, feel free to contact the office.

Legislative Issues

April 13, 2005

The following link is to House Bill 2180 which has been approved by the governor.  This bill expands the list of inherently dangerous felonies to include fleeing or attempting to elude a police officer.  Further, fleeing or attempting to elude a police officer is to be considered an act to support the charge of involuntary manslaughter.

http://www.kslegislature.org/bills/2006/2180.pdf

April 12, 2005

Last Friday, April 8, 2005, the following bills were sent to Governor Sebelius.  She has ten days to approve or veto them: 

  Substitute for Senate Bill 77

  House Substitute for Senate Bill 195

The above links are the most current versions of each bill as it was sent to the governor.  On the Sub for SB 77, Michael White has hand-written in the amendments made in conference, and has also included the conference committee report adopted on April 1, 2005.  If you have any questions or concerns regarding these bills, please contact Michael White or Andy Shaw at the office. 

April 11, 2005

Last Friday, April 8, 2005, the following bills were sent to Governor Sebelius.  She has ten days to approve or veto them: 

House Bill Sub for SB 195

Firearms; definition; preemption; disposition of seized or forfeited; training of retired law enforcement officers.  Effective date:  when published in the statute book.  http://www.kslegislature.org/bills/2006/195.pdf

Here is how the votes were cast: 

On April 1, 2005/Senate = Yes 28     No 11         

On April 1, 2005/House  = Yes 107   No 15  

 

It was then re-engrossed, and enrolled and presented to the governor on Friday.             

Sub for SB 77

Racial profiling; requirements of law enforcement agencies; civil cause of action. Effective date:  when published in the statute book.  http://www.kslegislature.org/bills/2006/77.pdf

Here is how the votes were cast:    

 

On April 1, 2005/Senate = Yes 39     No 0         

On April 1, 2005/House  = Yes 93     No 30

 

It was then re-engrossed, and enrolled and presented to the governor on Friday.  If you have any questions or concerns about these bills, please contact either Andy Shaw or Michael White here at the office. 

March 8, 2005

The deadline for all bills to be passed out of the House of origin was February 26^th 2005.  This update provides a brief summary of the major bills that made it out of committee affecting the Kansas Peace Officers Association.  The House Appropriations, Calendar and Printing and Taxation, House and Senate Federal and State Affairs, and Senate Ways and Means are exempt from the deadline and the bills still in those committees have also been included.To view a bill listed below, click on the bill number.

Senate:

SB 27 enacts the Sheriff Matt Samuels Chemical Control Act which would make over-the-counter medications containing ephedrine or pseudo-ephedrine a schedule V drug (excluding liquid and gel caps.  The Bill would require a pharmacist or clerk supervised by a pharmacist to dispense the drugs and would limit the sale to 4 or less packages. SB 27 passed the Senate 40-0 and was referred to the House Committee on Corrections.  The hearing is scheduled for Monday, March 14, 2005 at 1:30 pm in Room 241N.

SB 39 would provide that fees charged by a county sheriff for services, such as service of process and procuring witnesses in court, for the same court case may be paid by a single check, money order, or other form of payment at the discretion of the person making the payment. 

SB 77 prohibits the use of race, ethnicity, national origin, gender or religious dress of an individual or group to be the sole factor in determining the existence of probable cause to take into custody or to arrest an individual or in constituting a reasonable and articulable suspicion that an offense

has been or is being committed so as to justify the racial profiling.  The bill also requires all law enforcement agencies in this state to adopt a detailed, written policy to preempt racial profiling. Each law enforcement agency shall compile an annual report of all complaints of racial profiling received and shall submit the report on or before January 31 to the office of the attorney general for review. A law enforcement agency shall not be eligible to receive grants from the state for the fiscal year following a finding by

the attorney general or the attorney general’s designee that a law enforcement agency has engaged in racial profiling or has failed to discipline a law enforcement officer in accordance with the recommendations of the attorney general or the attorney general’s designee. The Senate passed the bill with 39 Yeas and 0 Nays and the bill has been referred to the House Judiciary.

SB 148 would amend a law dealing with driving under the influence

of alcohol or drugs (DUI) and drivers licenses. The bill deletes a provision of the law which limits counting DUI diversion agreements, test refusals, test failures, or alcohol or drug-related convictions for purposes of revoking a person’s drivers license to those entered into during the immediately preceding five years. There is no five-year limitation in regard to counting prior DUI offenses for purposes of sentencing under the criminal DUI proceeding.  The Senate passed the bill 39-0 and was referred to the House Corrections.

SB 179 increases certain crimes against children including indecent solicitation and possession of child pornographic material of a child from a severity level 7 to level 6.  This bill was referred to Ways and Means for an exemption and is now back in Judiciary pending further action.

SB 195 would change current law relative to the Department of Revenue’s disposition of firearms seized in conjunction with various tax warrants. The Department would be authorized to transfer the firearms to the Kansas State Historical Society, the Secretary of Wildlife and Parks, the Director of the Kansas Bureau of Investigation, or to the local law enforcement agencies where the firearms were seized.  The bill passed the Senate 34-5 and was referred to House Federal and State Affairs.

House:

HB 2004 creates a severity level 2 felony for the offense of human trafficking for recruiting, harboring, transporting, providing or obtaining, by any means, another person knowing that force, fraud, threat or coercion will be used to cause the person to engage in forced labor or involuntary servitude.  A severity level 1 felony will be created for certain aggravated trafficking offenses including the trafficking of a person under 18 years to engage in forced labor, involuntary servitude or sexual gratification, kidnapping committed in whole or in part for the purpose of the sexual gratification and kidnapping resulting in a death.  The bill passed the House 122-0 and has been referred to the Senate Judiciary for further action. 

HB 2037 would eliminate the statutory age 70 as cutoff for receiving benefits from the Kansas Public Employees Retirement System’s death and long-term disability plan by those eligible public employees who become disabled at age 60 or older, and also would eliminate the duration limitations for employees who become disabled at or after age 70. With the proposed change, the maximum duration of benefit payments would be allowed as follows for active employees who become disabled and qualify for long-term benefits.  Committee Report has been recommended for passage by Appropriations.

HB 2087 creates vital records fraud by furnishing false information to obtain vital records and counterfeiting vital records (but exempts minor related offenses such as: fake ID for tobacco, alcohol, or porn).  The bill also creates identity fraud involving furnishing false information to obtain identification documents, counterfeiting, or trafficking in identification documents. The Bill was passed by the House 122-0 and referred to the Senate Judiciary.

HB 2177 would allow seized firearms to be traded to a properly licensed federal firearms dealer for other new or used firearms or accessories for use within such agency.  The bill is scheduled for a hearing in the House Federal and State Affairs (exempt committee).

HB 2180 amends the KSA 21-3404 to include fleeing or attempting to elude a police officer as an inherently dangerous felony.  The bill passed the House 122-1 and referred to the Senate Judiciary. 

HB 2261 would amend the Criminal Procedure Code to repeal KSA 22-2501 of the Criminal Procedure Code which deals with searches without a warrant; and delete the reference to KSA 22-2501 as it appears in the Driving Under the Influence of Alcohol or Drugs provisions.  The House passed the bill 101-21 and was referred to the Senate Judiciary for further action.

HB 2304 amends KSA 65-4162, relating to the possession of drugs, to include ingesting or injecting drugs.  The House passed the bill 117-6 and the bill was referred to the Senate Judiciary for further action.

HB 2449, No law enforcement agency shall sell, trade or otherwise transfer ownership of any firearm to any person or entity other than another law enforcement agency unless such firearm is first submitted to the Kansas bureau of investigation, or a forensic laboratory approved by the bureau, for ballistic sampling and examination. The bill is pending action in the House Committee on Federal and State affairs (exempt committee). 

February 11, 2005

SB 27 Sale of Ephedrine and Pseudoephedrine Regulations

Good afternoon.  I wanted to let all of you know that Senate bill 27, the bill to regulate the sale of ephedrine and pseudoephedrine, is out of subcommittee and scheduled for discussion by the full Senate Judiciary committee on Monday morning, February 14 at 9:30 a.m.  It is important that we start calling key Senators of the Judiciary committee.It would be very helpful in securing the passage of this bill, if you can call or email the following Senators today:

Sen. Barbara Allen, Johnson Co., 785-296-7353, allen@senate.state.ks.us. Sen. Don Betts, Sedgwick Co., 785-296-7387, betts@senate.state.ks.us. Sen. Les Donovan, Sedgwick Co., 785-296-7385, donovan@senate.state.ks.us. Sen. David Haley, Wyandotte Co., 785-296-7376, haley@senate.state.ks.us. Sen. Phil Journey, Sedgwick Co., 785-296-7367, journey@senate.state.ks.us. Sen. Kay O'Connor, Johnson Co., 785-296-7382, o'connor@senate.state.ks.us. Sen. Dwayne Umbarger, 785-296-7389, umbarger@senate.state.ks.us.

Key points to tell these Senators:

1. Require starch-based pills to be a Scheduled 5 drug under the Controlled Substances Act.  It does not require a prescription, the only requirement is to sign your name to a log and show your I.D. 2. This method has reduced meth labs in Oklahoma by 80%. 3. There are no restrictions on the sale of the liquid-based or liquid-filled gelcaps.  The Board of Pharmacy is going to monitor this problem and report back to the 2006 Legislature the status of meth manufacturing with liquid forms of pseudo. 4. Meth is the number one problem law enforcement faces in this state; an overwhelming majority of resources are used to combat meth. 5. All of law enforcement is supporting this bill. 6. Missouri and Nebraska are also currently discussing legislation to schedule these drugs.

Don't underestimate the power that your phone calls or e-mails can make. The time is now.  Let your voices be heard, and tell these senators that we need Senate Bill 27 to fight the terrible manufacturing of meth.

Thanks for your help.
Michael White

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Federal & State Affairs meeting from Wed., Feb. 9, 2005

Hearing on SB 77, Racial Profiling

• Balloon amendment:  Narrows definition of routine investigatory language so it only applies to traffic stops.
  • Removes use of a standard form and amends the bill to create a task force to investigate how the data will be compiled. Each law enforcement agency at the city level must make statutes adding Racial Profiling and including education on it.
  • Law enforcement agencies will utilize advisory boards to inform the public. Also provides procedures to file Racial Profiling complaints.
  • Reports submitted to AG at the end of the calendar year.  Person may file complaint with law enforcement agency or AG.  AG can investigate and recommend punishment.  Civil action may also be filed, including Attorney's fees. 
• Vratil: A prevailing Plaintiff can recover attorney’s fees, expert fees, etc, but a prevailing Defendant may not. Vratil is supportive because of fairness, justice, and equality. He is not happy with provision not allowing prevailing D to recover.  Strike language or strike Plaintiff and replace with party.  Prefers striking entire sentence. In most cases damages will not be large, fees and costs will mostly outweigh the damages.Poor public policy if this happens.
• O’Connor asked if the bill allows legitimate profiling.  Staff says the bill has language applying to suspects that are being sought. O'Connor still not comfortable with bill and requested that bill is heard in substitute form before passage.
• Barnett proposed new section to put the teeth back in the bill, restricting state funds to law enforcement entity if policy is not followed. Balloon by Barnett handed out.  AG will take action if agency or employer of officer who profiled fails to discipline law enforcement officer. Barnett amendment approved. 
• Brownlee asked if the definition of racial profiling is the same as other states and Sen. Betts said it is pulled from similar state and federal definitions.
• Brownlee motioned for amendment to distinguish the language in the bill between policies and regulations, striking regulations and just leaving policies.  Motion passed.
• Chairman indicated that a citizen’s advisory board for small cities would be difficult, acknowledging that some cites can't do it. 
• Sandy (Lobbyist), cities do ordinances, can't see a city doing a charter ordinance on this issue.  Maybe include only cities of the first class.
• Vratil: Kansas has no consistency in determining Attorneys fees, court costs, etc.  Court costs do not include expert witness fees. Motion to strike entire section.
• Brownlee substituted a motion to strike plaintiff and replace with party.Motion leaves in attorney's fees and court costs. Vrattil will support.  Amendment granted.
  • Brownlee, do we have a current crime for racial profiling.  Senator Betts says no.  Policy matter if you want to impose civil vs. Criminal penalties.
  • Leg research said there is a crime of denying civil rights.
• Hensley, pg 3, class A misdemeanor has been deleted, maybe make reference to section 6 or civil rights violation.  Motion passed.  Vratil against.
  • Vratil, there was an agreement on leaving out the misdemeanor. Law enforcement against misdemeanor or data collection.
  • Brownlee, strike in substitute if against agreement.
  • Jeff Broderick, Sheriffs assoc. - misdemeanor may discourage investigation.
• Committee adopted balloon.