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This page last updated on 02/03/05
Copyright © 2004 Kansas Peace Officers Association

 

Kansas State Capital Building in Topeka, KansasLegislative Issues

Legislative Updates
Weekly Updates

The Kansas Peace Officers Association:

  • Maintains a professional legislative liaison at Topeka during the legislative session.

  • Maintains an active role in all legislation affecting law enforcement. 

  • Assisted in passage of mandatory law enforcement training legislation.

  • Supported establishment of the Kansas Law Enforcement Training Center.

  • Supported sheriff's tenure.

  • Continually works to improve KPERS and KP&F retirement programs.

KPOA Legislative Liaisons

Ed Klumpp
Kansas Peace Officers Association
Legislative Committee Chair
E-mail: eklumpp@cox.net
Phone: (785) 235-5619
Cell: (785) 640-1102

   

Legislative Updates from the 2008 Session

NEW LAWS OF LAW ENFORCEMENT INTEREST

NEW LAWS EFFECTIVE MAY 1, 2008

The following bills of law enforcement interest become effective on May 1, 2008, upon publication in the Kansas Register.

The bills can be found on pages 573-583 of the Kansas Register.

Addition to Schedule I drugs of Datura Stramonium (Gypsum Weed, Jimson Weed, etc.) and of Salvia Divinorum. (SB481)

Pages 579 and 580 of the Kansas Register. Amends KSA 65-4105

This bill adds Salvia Divinorum to the list of Schedule I drugs. Salvia is a plant primarily grown in Mexico and sold in head shops (yes, even in Kansas) and over the internet.

It also adds Datura Stramonium to the list of Schedule I drugs. Datura Stramonium is gypsum weed, or jimson weed. This is a weed commonly seen growing wild in Kansas.

The crime violations and the penalties for both are the same as those for marihuana.

The text of the bill is also located at: http://www.kslegislature.org/bills/2008/481.pdf

The Supplemental Note explaining the bill is located at: http://www.kslegislature.org/supplemental/2008/SN0481.pdf

Aggravated Criminal Threat (SB 430)

Page 574 of the Kansas Register Amends KSA 21-3419a

This bill changes the penalty for aggravated criminal threat from varying severity levels based on dollar loss to a straight level 5 person felony in all cases regardless of dollar loss. The elements of the crime, other than dollar values, have not changed.

The text of the bill is also located at: http://www.kslegislature.org/bills/2008/430.pdf

The Supplemental Note explaining the bill is located at: http://www.kslegislature.org/supplemental/2008/SN0430.pdf

School Safety Violations. (SB470)

Pages 580 and 583 of the Kansas Register. Amends KSA 72-5437

Sections 1 and 2 of this bill corrects a problem with a bill passed last year which was found to conflict with the federal Family Educational Rights and Privacy Act (FERPA).

This bill is the fix for that problem. The conflict centered on the requirement added last year for schools to report a suspension or expulsion of a student from school for certain reasons to be reported to law enforcement. This bill fixes that by returning to the process where the school is required to notify law enforcement of certain acts, therefore they are not reporting an administrative action to law enforcement. Those acts to be reported include having certain weapons at school, possessing illegal drugs at school, or engaging in conduct which is substantially likely to cause great bodily harm to another person at school. The term “at school” includes school activities or any time on school property.

The schools must report such incidents to law enforcement within 10 working days of the violation. Law enforcement is then required to investigate and forward a report of the incident to the Department of Motor Vehicles within 10 working days of their receipt of the notice from the school. The DMV will send notice to the student that their driver’s license will be suspended and advise them of their appeal rights. If the student appeals, the DMV will hold a hearing to determine if reasonable grounds exists to believe the violation occurred.

Section 3 of the bill changes the criminal acts which prohibit the licensing of a teacher. It now lists specific violations instead of simply referring to KSA 21-4619. The purpose is to exclude misdemeanor DUI convictions from the list of offenses affecting teacher licensing.

Section 4 is administrative and deals with the cancellation of teacher’s contracts.

The text of the bill is also located at: http://www.kslegislature.org/bills/2008/470.pdf

The Conference Committee Report explaining the bill is located at: http://skyways.lib.ks.us/ksleg/KLRD/2008ConfCommRpts/Ccrb470_001_26.pdf

Juvenile Corrections (SB 410)

Pages 573 and 574 of the register

This bill is purely administrative and pertains only to the state juvenile corrections system. What might be of interest of law enforcement is a provision that changes the name of the “Topeka Juvenile Corrections Facility” to the “Kansas Juvenile Corrections Complex.” This is the facility that used to be the Boys Industrial School, then the Youth Center at Topeka. It includes the old facilities and the newer facility opened several years ago.

The text of the bill is also located at: http://www.kslegislature.org/bills/2008/410.pdf

The Conference Committee Report explaining the bill is located at: http://www.kslegislature.org/supplemental/2008/SN410.pdf


NEW LAW EFFECTIVE APRIL 24, 2008

The following bill has limited law enforcement applicability as it is enforceable by law enforcement authorized to enforce boating laws. The law becomes effective on April 24, 2008, its publication date in the Kansas Register.

Watercraft Exhaust Noise (HB 2657) Amending KSA 32-1120

This bill changes the laws regarding enforcement of loud exhaust noise on watercraft. It changes the decibel level of a violation, establishes a different testing standard, and provides for a 60 day period for the violator to demonstrate the exhaust noise level has been brought into compliance.

The bill can be found on pages 540-541 of the Kansas Register.

Supplemental Note explaining the bill


The following bill become effective on April 17, 2008, upon publication in the Kansas Register:
Offender Registration; Amending KSA 22-4902  (SB 477)


The following bills become effective on April 10, 2008, upon publication in the Kansas Register:

Kansas Funeral Privacy Act (House Substitute for SB 226)
Motor Carrier Fees (SB 462)


Weekly Updates

Legislative Update May 4, 2008

Bills of Interest April 24, 2008
Legislative Update End of Day April 25, 2008

Bills of Interest April 9, 2008
Legislative Update End of Day April 10,2008

Bills of Interest March 28,2008
Legislative Update March 28, 2008

Bills of Interest March, 21 2008
Legislative Update End of Day March 21, 2008

Bills of Interest March 14, 2008
Legislative Update March 14, 2008

Bills of Interest March 7, 2008
Legislative Update March 7, 2008

Bills of Interest February 29, 2008
Legislative Update February 29, 2008
Inactive Bills February 29, 2008

Bills of Interest February 22, 2008
Legislative Update February 22, 2008

Bills of Interest February 15, 2008
Legislative Update End of Day Feb 15, 2008

Racial Profiling Bill Introduced

Bills of Interest - February 8, 2008
Legislative Update End of Day February 8, 2008

Bills of Interest - February 1, 2008
Legislative Update - End of Day Feb 1, 2008


Previous Year's Legislative Updates