This bulletin is to update you on new laws passed by the Kansas Legislature during the 2000 legislative session. The following summaries attempt to report on all bills which may be of interest to law enforcement. Unless otherwise indicated, all new laws take effect July 1, 2000. Please note these are brief summaries of the legislation and you should refer to the actual bill for questions about the language or effect of the provisions. The full text of any bill can be accessed on the Internet at http://www.ink.org/public/legislative/signenroll.cgi
ALCOHOL AND DRUGS
New and Rescheduled Controlled Substances
SB 512 amends K.S.A. 65-4109 and K.S.A. 1999 Supp. 21-3445, 65-4107, 65-4111, 65-4162 and 65-4163, and repeals K.S.A. 1999 Supp. 65-4111a. The amendments bring the Uniform Controlled Substances Act into conformance with federal changes in the scheduling of controlled substances. The bill amends K.S.A. 1999 Supp. 21-3445 governing unlawful administration of a substance, deleting the substance "Ketamine" from the prohibition and instead treating it as a controlled substance. The substance "Dronabinol" is deleted from the list of Schedule II controlled substances and added to the list of Schedule III controlled substances, along with the substance "Ketamine." Two new substances "Mondafinil" and "Zaleplan" are added to the list of Schedule IV controlled substances. Additionally, the bill adds two substances to K.S.A. 1999 Supp. 65-4111, "Sibutramine" and "Butorphanol" which are not being newly scheduled as Schedule IV substances, but which now appear in another statute that is parallel to K.S.A. 1999 65-4111 which is repealed by the bill. Changes are made in two statutes relating to acts that are unlawful under the Uniform Controlled Substances Act to reflect the additions and changes in the controlled substances schedules. This bill became effective April 27, 2000.
Liquor Law Amendments Retail Stores; Community Colleges; Underage Sting Operations
SB 430 amends several provisions of the Kansas Liquor Control Act, K.S.A. 41-211, 41-303, 41-318 and K.S.A. 1999 Supp. 41-719, 41-727, and repeals K.S.A. 1999 Supp. 41-719a. The most important part of this bill establishes procedures for "sting" operations in which a person under 21 years of age attempts to purchase alcoholic liquor in violation of the Liquor Control Act, the Club and Drinking Establishment Act, or the Cereal Malt Beverage Laws. Such operations could be conducted only under the direction of enforcement officers of the Alcoholic Beverage Control Division; representatives of the Attorney General; a county attorney, or a district attorney; or a liquor licensee pursuant to a self-compliance program. The Secretary of Revenue must adopt rules and regulations establishing procedures for such sting operations. Minors involved in stings must be between 18 and not more than 19 years old; exhibit a youthful appearance; carry only one form of valid identification; and be truthful in interactions with licensees, except that they may deny working with law enforcement officials. The bill also requires that citations for violations of the Liquor Control Act or Club and Drinking Establishment Act be delivered to the alleged violator at the time of the violation, and also shall be mailed to the person holding the liquor license within 30 days of the alleged violation. Another weird notice provision requires written notice of compliance to be sent to the licensee within 30 days of the operation when a clerk or server refuses to sell to an underage person.
    The bill provides that it shall be an absolute defense in any civil proceeding or criminal prosecution if any such sting operation does not comply with the procedures and conditions required by the rules and regulations.
    Other provisions of the bill allow the issuance of a retail liquor store license in any township having a population of more than 5,000. Previous law limited the issuance of retail store licenses to townships having a population of more than 11,000. The bill also allows the consumption of alcoholic liquor on property under the control of the board of trustees of a community college, if such property is not used for classroom instruction. The board of trustees will have to adopt policies for such consumption.
Animals Taken by Pounds
HB 2817 amends K.S.A. 1999 Supp. 47-4710 to clarify that pounds and shelters would have ownership of those animals taken to it after the minimum three full day custody period established by law when those pounds are operated by the governing body of a political subdivision or a humane society operating an animal shelter as a pound. The bill also contains provisions strongly encouraging the spaying and neutering of dogs and cats prior to adoption from a shelter, and giving the Livestock Commissioner the authority to promulgate rules and regulations regarding the neutering and spaying of dogs and cats.
CHILDREN AND YOUTH
Juvenile Offenders Children in Need of Care
Senate Sub. for HB 2224 amends several provisions in the laws governing children. Major provisions of the bill include (a) a prohibition on the placement of any child in need of care in an adult jail or lockup and provides that secure placement is limited to secure care facilities; (b) new criteria for secure placement of a child in need of care who has violated a court order which requires the court to determine reasons for the child's behavior and to determine whether all dispositions other than secure confinement have been exhausted or are clearly inappropriate, based on a written report submitted by Social and Rehabilitation Services (SRS) or submitted by a public agency independent of the court and law enforcement, if the child is in the custody of someone other than SRS; (c) The bill gives the Kansas Juvenile Justice Authority or the Authority's contractor the authority to review jail records to determine compliance with provisions of the law that prohibit placement of juveniles in adult jails except for certain limited exceptions; (d) The bill authorizes the court to order a juvenile offender to be placed in the temporary custody of the Commissioner of Juvenile Justice and the removal of the juvenile from the custody of a parent after determining that reasonable efforts have been made to maintain the family unit and to prevent unnecessary removal of a juvenile offender from the home, as long as the juvenile offender's safety is assured, and an emergency exists which threatens the safety of the juvenile offender (e) The bill changes the notice to the school district time frame from 15 to 20 days prior to the release of the juvenile offender and requires the person in charge of the juvenile facility notify the school district in which the juvenile offender will be residing if the juvenile is still required to attend a school (f) The county or district attorney is required to give written notice at least five days prior to the release of the juvenile offender to: any victim or the victim's family and the local law enforcement agency; (g) The bill permits a court to order a juvenile who violates conditions of release to serve the conditional release revocation incarceration period and the after care term set by the court pursuant to the placement matrix; (h) The bill authorizes the local SRS area office to enter into an agreement with the county or district attorney to provide that employees of the school board shall make reports for all cases of children who are less than 13 years of age and are not attending school in lieu of SRS; (i) The bill limits the ability of the prosecutor to block releases of violent juvenile offenders to those involving acts committed prior to July 1, 1999, the implementation date of the placement matrix; (j) The bill allows credit for time served in a juvenile detention facility or adult jail; (k) The bill adds hiring qualifications for juvenile corrections officers to require they be at least age 21 and free of felony convictions; (l) The bill also amends the Offender Registration Act to add "a juvenile offender sentencing order" to current provisions covering diversionary agreements and probation orders where the Court may order registration under the Kansas Offender Registration Act; (m) A new definition of "neglect" is added to the Code for the Care of Children and the word "neglect" is deleted from the term "physical, mental or emotional abuse" which is defined with neglect under current law. The term "neglect" is defined to include acts or omissions by a parent, guardian, or person responsible for the care of a child resulting in harm to a child or presenting a likelihood of harm which are not due solely to the lack of financial means of the child's parents or other custodian. Neglect may include but shall not be limited to: Failure to provide the child with food, clothing, or shelter necessary to sustain the life or health of the child; Failure to provide adequate supervision of a child or to remove a child from a situation which requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a likelihood of harm to the child; or Failure to use resources available to treat a diagnosed medical condition if treatment will make a child substantially more comfortable, reduce pain and suffering, correct, or substantially diminish a crippling condition from worsening. A parent legitimately practicing religious beliefs who does not provide specified medical treatment for a child because of religious beliefs shall not for that reason be considered a negligent parent; (n) Prior law is expanded regarding the lack of need to obtain parental consent for medical exams where sexual abuse is alleged to include situations where there are allegations of physical, mental, or emotional abuse or neglect (o) The Code for Care of Children is amended to provide that whenever the law refers to making a finding in the best interests of a child regarding placement, a finding must be made that the action would not be contrary to the welfare of the child; (p) The bill requires the SRS Secretary or any person requesting a petition alleging a child to be a child in need of care to include in the petition, any information known to them about efforts to prevent unnecessary removal of a child or information which supports that an emergency exists which threatens the safety of the child; (q) The bill cures a difficulty with existing language regarding permanent guardianship to clarify that the child is discharged from the custody of the Secretary when a permanent guardianship is created; and (r) The bill clarifies that if the court issues an order for informal supervision, the court may enter an order restraining any alleged perpetrator of physical, sexual, or emotional abuse of the child from residing in the child's home, visiting, contacting, harassing, or intimidating the child, other family member or witness; or attempting to visit, contact, harass, or intimidate the child, other family member, or witness. This bill became effective upon its publication in the Kansas Register.
Child Entertainers; Newborn Infant Protection Act
HB 2838 enacts new statutes regarding child entertainers and the Newborn Infant Protection Act. The Newborn Infant Protection Act provides that anyone who has legal custody of an infant under 46 days old will not be charged with criminal child abandonment if the infant is given unharmed to an employee at a fire station, local health department, hospital, ambulatory surgical center, or recuperation center. The person who assumes custody of the infant is required to protect the child and is immune from liability for injury that might result from any protective action. As soon as possible after the infant is given to an employee of one of those entities, the employee must notify the local law enforcement agency which will take the child to a person designated by the Department of Social and Rehabilitation Services (SRS). Procedures under the Code for Care of Children are amended to provide that: petitions under the Code in these situations ask the court to find that reintegration is not a viable alternative and to sever parental rights; the court conduct an expedited hearing on the petition to sever parental rights; if the court finds that the situation is covered by the Protection Act, parental rights may be severed; and parents granted immunity under the Infant Protection Act are presumed to be unfit parents.
Child Custody; Visitation; Parenting; Divorce and Interspousal Tort
House Sub. for SB 150 This bill makes several changes in the law dealing with Child custody, parenting plans, visitation, and parenting time and enacts the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). About the only provisions of interest to law enforcement are (a) a provision which allows a law enforcement officer to take any lawful action reasonably necessary to locate a child or assist the prosecutor upon request of the prosecutor in a child custody proceeding; and (b) a provision allowing courts hearing child custody disputes to issue a warrant requiring law enforcement officers to immediately take physical custody of the child.
Cigarettes and Tobacco Products Gray Market Cigarettes; Civil Fines
HB 2670 amends the law relating to cigarettes to prohibit trafficking in cigarettes manufactured for export, which are often called "gray market" cigarettes.
    The bill also amends the law regarding penalties for selling cigarettes and tobacco products to persons who are under 18 years of age. Under the law, the Secretary of Revenue is authorized to impose a civil fine of not more than $1,000 for such violations. The bill adds a provision stating that a violation of the act occurring more than three years after the most recent violation would be considered a first violation for purposes of a graduated fine schedule.
County Coroner Clarifications
SB 224 allegedly clarifies the law regarding county coroner notification and reports. The bill requires the county coroner to be notified in the county where the death occurred rather than where the cause of death occurred. The coroner's report also shall be filed in the county where the death occurred rather than where the cause of death occurred, if known; otherwise, where the dead body was found rather than where the death occurred. The coroner in the county of cause of death must decide if an investigation will take place. If the coroner of the county of the cause of death requests an investigation, the coroner of the county of death will be responsible for the investigation and the certification of death. In such an instance, the costs must be accounted to and reimbursed by the county of the cause of death. If a death investigation involves multiple jurisdictions, the coroner notified may transfer jurisdiction to another jurisdiction if both jurisdictions agree to the transfer. The bill also expands the subpoena power of coroners by striking a limitation only to witnesses within the judicial district.
Code of Civil Procedure for Limited Actions; Garnishment
House Sub. for SB 504 enacts the new Code of Civil Procedure for Limited Actions which makes several changes to the law. The major provision of the bill is an increase in jurisdictional limits under Chapter 61, which is raised from the prior $10,000 to $25,000 for tort cases and secured claims.
CONSUMER AFFAIRS
Unsolicited Consumer Telephone Calls
HB 2580 includes three major provisions. First, the bill addresses the practice of "predictive dialing," which occurs when businesses use computers to continually dial the numbers of prospective customers but lack available telemarketing representatives to handle each call that becomes connected. The customer answers the phone but the line is dead because of the unavailability of such representatives. Second, the bill requires the Kansas Corporation Commission to adopt rules and regulations governing information to residential subscribers and telephone solicitors about the Direct Marketing Association's Telephone Preference Service (TPS). Third, the bill amends the definition of "unsolicited consumer telephone call" in the Kansas Consumer Protection Act.
Crimes and Punishment
Omnibus Crime Bill
HB 2805 creates a new crime dealing with theft detection devices; expands the crime of eavesdropping to include concealed videotaping and similar devices; recodifies the crime of arson; expands the crime of aggravated battery against a law enforcement officer; expands the crime of stalking to include electronic threats; establishes a three-year statute of limitations for bringing a habeas corpus action; requires a database inquiry before release of persons incarcerated to determine outstanding warrants; and makes other changes. Major provisions of the bill include:
Aggravated Battery on Law Enforcement Officer Section 4 of the bill amends K.S.A. 21-3415 to expand the definition of aggravated battery against a law enforcement officer. The crime now includes intentionally causing bodily harm with a motor vehicle, which is a severity level 3 person felony.
Arson. The bill amends the crime of arson to reformulate the crime for penalty purposes on the basis of whether or not the building or property is a dwelling. The bill provides that arson of any building or property which is a dwelling is a severity level 6, nonperson felony. Arson of any building or property which is not a dwelling is made a severity level 7, nonperson felony.
Credit Reports False Pretenses. The bill makes knowingly and willfully obtaining or providing information on a consumer from a consumer reporting agency under false pretenses a severity level 7 person felony. Under current law, such action is a class A misdemeanor.
Eavesdropping. The bill expands the crime of eavesdropping to include installing or using a concealed camcorder, motion picture camera, or photographic camera of any type to secretly videotape, film, photograph, or record by electronic means, another, identifiable person either nude or under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by the other person without the consent or knowledge of that other person, with the intent to invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.
Identity Theft. The bill enhances the penalty for identity theft, which is defined as knowingly obtaining, possessing, or using one or more personal identification numbers or documents belonging to another person with the intent to defraud that person, from a class A person misdemeanor to a severity level 7 person felony.
Sentencing Aggravating Factor. The bill adds a new aggravating factor in the Kansas Sentencing Guidelines Act: the fact that the crime was committed by an offender while incarcerated, and thus allows a judge to impose a longer sentence than called for on the sentencing grid. Aggravating factors may be considered by the sentencing court when imposing a sentence that departs from the presumptive sentence provided for by sentencing guidelines.
Stalking. The bill expands the crime of stalking to include "credible threats" that are communicated by electronic means. Electronic means is defined to include telephone, cellular phones, computers, video recorders, FAX machines, pagers, and computer networks.
Theft Detection Devices. New Section One of the bill creates three new crimes. Unlawful manufacturing or selling of a theft detection shielding device , which is intentionally manufacturing, selling, offering for sale or distributing in any way a laminated or coated bag or device particular to and intentionally marketed for shielding and intended to shield merchandise from detection by electronic or magnetic theft alarm sensor. Unlawful possession of a theft detection shielding device. which is intentionally possessing any laminated or coated bag or device particular to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft. Unlawful possession of a theft detection device remover, which is intentionally possessing any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding such merchandise. Finally, Unlawful removal of a theft detection device is intentionally removing the device from merchandise prior to purchase. Violation of any of these provisions is a severity level 9, nonperson felony.
Warrants Checks. New Section Two of the bill provides that no person, whether convicted or being held on suspicion of charges, who is incarcerated by the state or any political subdivision thereof shall be released from custody until the custodian of such person has queried available state and federal criminal databases to determine whether there are any outstanding warrants for such person's arrest.
Changes to Substantive Criminal Justice State Law
Sub. for SB 323 includes both appropriations for the Department of Corrections and changes to substantive criminal justice state law to combine both prison bed expansion, enhanced community punishments, and adjustments to the supervisory aspects of adult corrections, particularly for condition violators, without reducing the length of time offenders sentenced according to the Kansas Sentencing Guidelines must serve in prison. Each change to substantive law includes the estimated beds saved in the adult correctional system. These figures do not represent offenders released from incarceration, but reflect reduced future bedspace demands. The impact of changes in law are projected by the Kansas Sentencing Commission to save 774 beds in the current year and an average of 724 beds for the next ten years. The bill amends K.S.A. 1999 Supp. 21-4603 to increase local jail time available as a condition of probation from 30 up to 60 days. The bill graduates and reduces some postrelease supervision lengths for some offenses, excluding N1-N4 and D1-D2, with phased-in implementation. The bill graduates and reduces some probation periods for levels N8-N10 and D3-D4. Persons violating probation conditions (without committing a new crime) who are revoked will not be subject to postrelease supervision.
KBI Lab Fee
SB 423 extends the requirement that a $150 Kansas Bureau of Investigation laboratory analysis fee be assessed against the defendant to all DUI cases involving a conviction or diversion.
    Prior law limited the KBI laboratory fee to those DUI cases involving drugs or controlled substances.
National Guard Authority to Spend Forfeiture Moneys
SB 526 amends the Kansas Asset Forfeiture Act to give the Kansas National Guard the authority to expend forfeiture funds which the agency has acquired and maintained as a result of property seizures associated with anti-drug operations conducted in conjunction with law enforcement agencies. Prior law allowed the agency to receive moneys and property seized, but did not allow the agency to make expenditures from any seized fund accounts.
Theft of Motor Fuel
HB 2883 is the "gas drive off" bill. The bill provides that any person who drives away from a retail establishment without paying for gasoline dispensed into the person's gasoline tank, with the intent to defraud, would upon conviction, be guilty of a Class A nonperson misdemeanor. For second convictions the person's driving privileges would be suspended for six months. Third and subsequent convictions would result in suspension of driving privileges for one year. The failure to replace or reattach the gasoline nozzle and hose of the pump or placing the nozzle and hose on the ground or pavement will be prima facie evidence of the intent to defraud for purposes of the crime. A $100 fee would have to be paid to the Division of Vehicles to reinstate a suspended driver's license.
Regulation of Fetal Tissue Transfer
HB 2007 enacts new statutes regulating the donation and handling of fetal tissue and creates criminal penalties for violations. The bill also prohibits the sale of fetal tissue. The bill specifically does not prohibit the use of fetal tissue for research or experimentation unless the tissue is obtained or transferred in violation of the act; nor does the bill specifically authorize such use. For purposes of the act, fetal tissue includes any tissue, cells, or organs obtained from a dead human embryo or fetus after an abortion or stillbirth. Transferring fetal tissue to a pathologist for testing or examination or for immediate burial, cremation, or final disposition is not covered by the act.
    No one can use fetal tissue for medical, scientific, experimental, or therapeutic purposes without the voluntary and informed consent of the woman donating the tissue. The consent to donate the fetal tissue must not be discussed or obtained prior to obtaining the woman's informed consent to the abortion in accordance with existing law. The bill also prohibits anyone from offering any inducement to another person to procure an abortion for the medical, scientific, experimental, or therapeutic use of fetal tissue.
    The bill prohibits solicitation, acquisition, acceptance, or transfer of fetal tissue for consideration. The bill also prohibits offering any valuable consideration for fetal tissue resulting from an abortion. Consideration is defined to be any: "Payment made or debt incurred; gift, honorarium, or recognition of value bestowed; price, charge, or fee that is waived, forgiven, reduced, or indefinitely delayed; loan or debt that is canceled or forgiven; transfer of any item from one person to another; or provision of any service or grant of any opportunity for which a charge is customarily made, without charge or for a reduced charge."
    The term "consideration" specifically does not include payment of $25 or less for the cost of transportation, processing, preservation, and storage of the tissue nor the actual cost of transportation if such amount is documented by the delivery service.
    The bill prohibits soliciting, offering, acquiring, accepting, or transferring fetal tissue for transplantation if the donor designates the recipient; the recipient is related to the donor; or the person soliciting, acquiring, or accepting the tissue provided consideration for the cost of the abortion.
    Violation of any of the above provisions is a level 2, nonperson felony. The maximum sentence for a conviction is 123 months imprisonment, a fine of $300,000, or both.
    The bill requires anyone transferring fetal tissue to report to the Secretary of Health and Environment the: date of transfer; description of the fetal tissue; name and address of the transferor and transferee; amount paid for the transfer; method of transfer or shipment; and name of the delivery service providing transportation of the fetal tissue.
    Anyone who ships fetal tissue must disclose to the delivery service that the contents are human tissue.
    The name of the woman donating the fetal tissue is confidential and not included in the report to the Secretary of Health and Environment. Information obtained by the Secretary under the bill is confidential and cannot be disclosed in a manner that reveals the identity of any person submitting a report. The information, including the identity of the person submitting the report may be disclosed to the Attorney General if there exists reasonable cause to believe the act has been violated. Information provided to the Attorney General under the act could only be used for criminal prosecution. The bill establishes a procedure for preserving the confidentiality of reports submitted to the Secretary. Violation of the reporting provisions would be a class A nonperson misdemeanor.
Violation of Postrelease Supervision New Misdemeanor
SB 472 provides that the Kansas Parole Board shall determine the penalty for violations of postrelease supervision that result from a new misdemeanor conviction, as confinement in prison but shall not exceed the remaining balance of the period of postrelease supervision.
Re-Sentencing Clarified
SB 488 clarifies the criminal sentencing law to provide that if the primary crime of conviction in a multiple crime conviction case is reversed, the appellate court is required to remand the case to district court for re-sentencing. At the re-sentencing, the district court must start over by assigning a new primary crime, including the full criminal history on that crime and then compute the sentence on all the remaining convictions at the least severe criminal history category.
Counterfeiting (goods, not money)
HB 2596 amends the Criminal Code to add the crime of counterfeiting, defined as the intentional manufacturing, using, displaying, advertising, distributing, offering for sale, selling, or possessing with intent to sell or distribute any item or services bearing or identified by a counterfeit mark.
    The penalties for the crime are as follows: when the retail value of the aggregate items are less than $500, the penalty is a class A nonperson misdemeanor; when the retail value is at least $500 but less than $25,000, involves more than 100 but less than 1,000 items bearing a counterfeit mark, or on a second violation, the penalty is a severity level 9 nonperson felony; when the retail value is $25,000 or more, involves 1,000 or more items, or on a third or subsequent violation, the penalty is a severity level 7 nonperson felony. The crime of counterfeiting is added to those offenses that are subject to forfeiture whether or not there is a conviction; and upon the request of the intellectual property owner, seized items must be released to the owner.
Property Crime Restitution
HB 2772 amends the Property Crime Restitution and Compensation Act to raise the amount of compensation payments that may be made for victims of felony crimes from the prior $250 to $500 and for misdemeanors and traffic offenses from the prior $150 to $250. The bill also deletes a provision of the previous law prohibiting payments to any corporation, partnership, or other business or government entity.
Disposition of Bodies of Deceased Persons
SB 238 establishes a chain of authority for deciding the disposition of the body of a deceased person. The order of authority is as follows: a person to whom the deceased has conferred the power of attorney, spouse, children, parents, relatives, guardian at the time of death, personal representative, and coroner. The decision regarding the disposition of the body would fall to the first available person in this ranking. The bill also removes funeral homes from any legal consequences when following the chain of authority.
KPERS Omnibus Bill
Senate Sub. for HB 2624 is the designated Kansas Public Employees Retirement System (KPERS) omnibus bill for the 2000 Session. The provisions which may be of interest to law enforcement are:
    Lump Sum Payment. The bill establishes a new option at time of retirement: a lump sum payment option that may reduce defined benefits by no more than 50 percent for life. Members of regular KPERS, KP&F, and the Retirement System for Judges may take up to 50 percent of the actuarially calculated benefit as a lump sum amount under this option. The implementation date is delayed until July 1, 2001, in order to give KPERS adequate lead-in time to implement this change.
    KP&F Lump Sum Death Benefit. The bill provides for a lump sum death benefit equal to 100 percent of a Kansas Police and Fireman's Retirement System (KP&F) member's salary (less amounts of accumulated contributions) when any KP&F member dies without a wife or children as beneficiaries.
    Vesting. A provision vests certain members in a KPERS benefit, regardless of the number of years of service. Any KPERS member who becomes eligible for another retirement plan, such as the Regents defined contribution plan, or who becomes ineligible for the KPERS plan because of reduced hours or participation in the 8.0 percent deferred compensation plan, and who cannot withdraw the employee KPERS contributions until employment is terminated with a KPERS participating employer, will be vested immediately under this new provision. Once vested, the inactive member's contribution continues to draw interest regardless of employment status.
    Taxation of Death Benefits. The bill gives the KPERS death benefit the characteristics of life insurance which allow such benefit to be tax free under federal and state law.
    Correction of Errors. Another provision limits the amount of overpayment to be collected when KPERS to corrects errors and collects overpayments. The correction of erroneous KPERS benefit calculations will continue to be required, but collection of overpayments will be limited to only those overpayments that were made within the most recent five years. Any overpayments made more than five years previously will be waived, unless there is some indication of fraud. Regardless of actuarial projections, a corrected benefit will not be reduced by more than 10 percent in order to collect past overpayments. In regard to mistakes with any calculations made in conjunction with the 1993 COLA, another provision directs the that the Board shall waive 100 percent of amounts paid in error.
    Indexing. Several provisions include a technical correction that clarifies the current policy of indexing final average salary or indexing the current annual rate for disabled KPERS members commences when the employee leaves the payroll, not on the last day at work.
    Authority to Charge Fees. Another provision authorizes the KPERS Board to assess fees for any services provided in regard to activities not exclusively for the benefit of its members.
LOCAL GOVERNMENT
Open Records Changes; City Classification Change Notices
Senate Sub. for Sub. for HB 2864 amends the Kansas Open Records Act (KORA) to require the governing body of every public agency to designate a local freedom of information officer to display a brochure listing the rights, responsibilities, and procedures for requesting records. The bill requires attorneys fees be paid to persons requesting records or to public agencies when the denial of access or the request for records was not in good faith or was without a reasonable basis.
    Prior law permitted the awarding of attorneys fees. Public agencies are also made subject to a $500 civil penalty. The open records exception regarding bidders lists of contractors is repealed and all open records exceptions are made subject to a five-year sunset provision. Finally, the bill clarifies notice procedures when there is a change in the classification of a city.
Restraint of Trade Act
HB 2855 amends several provisions of Kansas antitrust laws, and generally gives the Attorney General sole antitrust enforcement powers. The bill makes the act enforceable in civil actions and repeals the miscellaneous criminal penalties in the prior law.
Sale of Drugs in Vending Machines
HB 2538 amends K.S.A. 65-650 which currently prohibits the sale of any drug, medicine, or poison through a vending machine or other mechanical device. The amendments make the sale of most over-the-counter medications in vending machines lawful if the vending machine operator complies with certain requirements. Sale of prescription medication, injectable drugs or drugs that contains ephedrine alkaloids is prohibited. Violation of the provisions of the statute is a class C nonperson misdemeanor, punishable on conviction by a fine of not less than $25 nor more than $500.
School District Employment - Statewide and National Criminal History Records Checks of Applicants
SB 432 directs that a school district board of education require, as a condition of initial employment, that an applicant authorize release to the school district (in the case of classified employees) and to the State Board of Education (in the case of certificated employees) the results of a statewide and nationwide criminal history records check by the Kansas Bureau of Investigation which conforms to federal standards and includes taking of the applicant's fingerprints. A school board is required to pay the costs of these records checks. An "applicant" is a person who has applied for employment by a school district, has been offered employment by the district, and has not had fixed or continuous residence in the state for at least ten years immediately preceding the employment application. Criminal history record information, other than conviction data, released by the Kansas Bureau of Investigation to the State Board of Education or to the school district board of education is confidential. Disclosure of this information by a member of the State Board or of the board of education of a school district is subject to any civil or criminal penalties regarding violation of the duty of confidentiality imposed on the Kansas Bureau of Investigation and is grounds for removal from office. The State Board must inform the school district board whether a certificated applicant is eligible for employment. An applicant is not eligible for employment if the criminal history records check reveals that the person has been convicted of any offense or attempt to commit any offense specified in K.S.A. 1999 Supp. 72-1397, as amended (generally, crimes against persons, sex offenses, crimes affecting family relationships, and felony property crimes). A school district board may offer provisional employment to an applicant pending receipt of the criminal history records check. A provisional employment contract must specify that the contract is subject to termination by the board without further proceedings if the results of the criminal history check reveal that the applicant has been convicted of offenses covered under K.S.A. 1999 Supp. 72-1397, as amended. The State Board of Education, the board of a school district, and members of the State Board or local board are not liable for civil damages to any person refused employment because of good faith compliance with this bill. These provisions sunset on June 30, 2001.
Traffic & Vehicles
HB 2641. Among other things, this bill beefs up the law on failing to yield to emergency vehicles in an effort to protect officer safety. New Section One of this bill creates a new crime of overtaking and passing another vehicle when approaching within 100 feet of a stationary authorized emergency vehicle on a highway that consists of two lanes carrying traffic in opposite directions when the authorized emergency vehicle is making use of visual signals meeting the requirements of K.S.A. 8-1720 (flashing red lights or rotating or oscillating red, blue or white lights), and amendments thereto, or subsection (d) of K.S.A. 8-1722, and amendments thereto (warning lamps mounted either inside the vehicle in front of the rear window or on the roof of such vehicle, and capable of displaying two alternately flashing amber lights to the rear of such vehicle). This law has a one-year phase-in period in which law enforcement officer shall issue only warning citations. The offense becomes citeable on July 1, 2001.
    Another section of the bill, Section 20, similarly amends K.S.A. 8-1530 dealing with failure to yield right of way to an emergency vehicle. When a police vehicle is stopped on a road containing two or more lanes going in the same direction and operating its emergency lights approaching drivers must, if possible and with due regard to the road, weather and traffic conditions, change lanes into a lane that is not adjacent to that of the stationary authorized emergency vehicle. If the driver is not traveling on road containing two or more lanes of traffic going in the same direction, but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle and maintain a safe speed for the road, weather and traffic conditions. Again, this law has a one-year phase-in period in which law enforcement officer shall issue only a warning citation. The offense becomes citeable on July 1, 2001.
    The fine for failing to yield to an emergency vehicle is increased from $30 to $60.
    In a nod to the golf retiree generation, and to keep consistent with the Uniform Act Regulating Traffic, new Sections two and three of the bill make it illegal to operate (except to cross the road) a "low speed vehicle" on a street or highway with a posted speed limit greater than 40 miles per hour. The bill defines a "low-speed vehicle" as "any four-wheeled electric vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour and is manufactured in compliance with the national highway and traffic safety administration standards for low-speed vehicles in 49 C.F.R. 571.500. The fine for unlawful operation of a low-speed vehicle is set at $20. Other sections of the bill, sections 22 and 23, amend K.S.A. 8-1701 and K.S.A. 8-1717 to make low speed vehicles complying with the federal standards "street legal" on streets with a speed limit less than 40 miles per hour and to exempt them from the requirement of displaying a slow-moving vehicle emblem.
    New Section Four of the bill defines an "Electric-assisted bicycle" which is "a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than 1,000 watts, be incapable of propelling the device at a speed of more than 20 miles per hour on level ground and incapable of further increasing the speed of the device when human power alone is used to propel the device beyond 20 miles per hour." Electric-assisted bicycles will be subject to all the rules governing bicycles. Another provision in Section 21 of the bill exempts electric assisted bicycles from registration and driver’s license requirements. This provision means that persons under the age of 16 will be allowed to operate electric-assisted bicycles.
    Section five of the bill amends the definition of "motorized bicycle" in K.S.A. 1999 Supp. 8-126(aa) to increase the cylinder capacity from 50 to 130 cubic centimeters. It also excludes electric-assisted bicycles from the definition of motorized bicycles.
    Section six of the bill amends K.S.A. 1999 Supp. 8-1,126(c) to make it clear that persons with disabled plates or placards are exempt from parking meter fees, not just parking fees.
    Sections seven and 11 of the bill amend K.S.A. 1999 Supp. 8-235 and K.S.A. 1999 Supp. 8-293 regarding operating vehicles without a driver’s license. In essence, the bill allows persons convicted of DUI and who have had their driver’s license suspended to obtain a limited class C driver’s license to operate "motorized bicycles" with engine sizes up to 130 cubic centimeters.
    Sections Nine, 10 and 15 of the bill amend the statutes providing eligibility for obtaining driver’s licenses or identification cards. New language prohibits issuance of a license or identification cards to illegal aliens or those who fail to provide proof of age and identity. Also, the division of vehicles now has statutory authority to "cancel" identification cards if the person was not eligible to obtain one when it issued.
    Sections 12 and 13 of the bill amend K.S.A. 8-1103 & 8-1104 to allow towing services to sell vehicles and personal property of a total value of less than $1000 upon giving notice of the sale. Prior law allowed such sales only when the value was less than $500.
Distinctive License Plates.
SB 611 continues what appears to be a never-ending string of specialty licenses plates.
Motorcycle Provisions. The bill allows a motorcycle owner who is a resident of Kansas to apply for and receive a United States military veteran license plate. These plates will be available to applicants on and after January 1, 2001.
Public Safety License Plates for Passenger Cars and Trucks. These provisions allow a resident owner or lessee of one or more passenger vehicles or trucks registered for a gross weight of 20,000 pounds or less to receive one distinctive license plate for each vehicle designating such person as a public safety member. The bill also:
    Requires proof that the applicant is a public safety member (a law enforcement officer or firefighter);
    Provides that the plates be issued for the same period of time as other license plates upon registration and payment of the regular license fee;
    Prohibits the plate from being transferred to any other person;
    Requires annual registration renewals along upon payment of the prescribed fee;
    Provides that no renewal of registration be made until the applicant has filed the required form; and
    Requires the applicant to return the distinctive plates to the county treasurer if the applicant does not file the required form.
    These plates will be available on and after January 1, 2001.
Agriculture in the Classroom License Plates for Cars and Trucks. The bill authorizes the Department of Revenue, on and after January 1, 2001, to issue distinctive license plates on behalf of the Board of Directors of the Kansas Foundation for Agriculture in the Classroom.
Motor Vehicle Certificates of Titles
Senate Sub. for HB 2561 relates to motor vehicle certificates of title. The bill replaces nonhighway and formerly nonhighway certificate of titles with salvage and rebuilt titles, except for all-terrain vehicles, vehicles with no insurance, and vehicles not manufactured for street use. The bill also creates a "nonrepairable" certificate of title, which will designate vehicles which have been damaged, destroyed, wrecked, burned, or submerged in water to the extent that they are incapable of safe operation on roads and highways and have no resale value except as a source of parts of scrap. These vehicles also may be irreversibly designated by the owner as a source of parts or scrap.
Fleet Utility Trailers
SB 426 relates to fleet the registration of utility trailers. The bill changes the five-year registration period to a permanent registration while continuing to require the payment of all registration fees as though the trailers are registered annually.
72-Hour Temporary Registration
SB 427 allows truck or truck tractor owners from other states to purchase a 72-hour temporary registration to operate in Kansas. The temporary registration could be used instead of paying the fee for a 30-day temporary registration. The 72-hour registration will cost $26.
Head Lamps on School Buses
HB 2582 allows school buses to be equipped with head lamps which alternately or simultaneously flash on low beam. The use of these lamps is limited to daylight hours. The bill also exempts school buses equipped with flashing headlights from the requirement to dim headlights from oncoming traffic.
Motor Vehicle Length
Sub. for HB 2642 provides that no motor vehicle, including the load thereon, shall exceed a length of 45 feet extreme overall dimension, excluding the front and rear bumpers. This requirement does not apply to a truck tractor.
Vehicle Load Widths
HB 2643 relates to vehicle load widths. The bill was in response to an oversight in 1998 HB 2782 which was intended to allow farm trucks loaded with bales of hay to travel on the Interstate highways by obtaining a special trip permit. The applicable provision, K.S.A. 1999 Supp. 8-1902(2), does not contain the necessary language.
Study Bills
Task Force on the Consolidation of Public Safety Agencies
HB 2570 creates an 11-member Task Force on the Consolidation of Public Safety Agencies to study the feasibility of consolidation of state public agencies. The Task Force will consist of 11 members including: two members appointed by the Speaker of the House, with one member from the House Appropriations Committee and one member from the House Judiciary Committee; two members appointed by the President of the Senate, with one member from the Senate Ways and Means Committee and one member from the Senate Judiciary Committee; one member appointed by the Minority Leader of the House; one member appointed by the Minority leader of the Senate; and five members appointed by the Governor. Two of the Governor's appointments will come from local law enforcement agencies. None of the Governor's three general appointments could be members of the Legislature. The member of the Task Force appointed by the Speaker of the House from the House Appropriations Committee will call and preside at the first meeting of the Task Force. However, at that first meeting of the Task Force the members will elect a Chair and a Vice Chair.
    The Task Force is charged with reviewing the feasibility and efficiencies that could be achieved by consolidating all public safety functions of state agencies into a single cabinet level agency. Those state agencies and functions that the Task Force will consider for consolidation include, but are not limited to: the Kansas Highway Patrol; the State Fire Marshal; the Ombudsman for Corrections; the Juvenile Justice Authority; the Kansas Parole Board; the Kansas Bureau of Investigation; the Board of Emergency Medical Services; the Division of Emergency Management of the Adjutant General's Office; the Department of Corrections; the Kansas Sentencing Commission; and the Alcoholic Beverage Control program of the Department of Revenue.
    The staff of the Revisor of Statutes, Legislative Research Department, and the Division of Legislative Administrative Services are required to provide assistance to the Task Force. The Task Force is authorized to meet at any place in the state on call of the Chair, but is required to meet at least quarterly. The Task Force is required to submit a final report of its findings and recommendations on or before January 1, 2001.
Racial Profiling
Sub. for HB 2683 provides for the collection and reporting of data regarding race, ethnicity, age, residency by county and state, and gender for law enforcement activities.
    The Governor, with the assistance of the Attorney General and the Kansas Law Enforcement Training Commission, will develop a request for a proposal for a system to collect and report statistics on race, ethnicity, age, residency by county and state, and gender of those individuals who come in contact with law enforcement activities. The proposal will contain a system to collect data on a statistical sample of persons who are arrested; are stopped by an officer while operating a motor vehicle; or are walking as a pedestrian and stopped by an officer. The data must contain the race, gender, ethnicity, age, and residency by county and state of the individual. The proposal must contain a schedule and plan of implementation, including training.
    The proposal must contain other factors which may be relevant to law enforcement officers in stopping or arresting individuals. The proposal must report civilian complaints alleging bias based on race, ethnicity, age, residency by county and state, or gender. The proposal must contain a survey of policies of law enforcement agencies related to the investigation of complaints based on race, ethnicity, gender, age, or residency.
    No information collected may reveal the identity of an individual.
    The Governor, with the assistance of the Attorney General, is required to select and implement the most comprehensive proposal, subject to the availability of any available grant(s) from the U.S. Department of Justice or any other governmental or private agency.
    The results of such a study will be submitted within 90 days after the conclusion of the study. The Governor would then submit the study to the Legislature with one or more of the following:
    An evaluation of the study;
    An implementation plan to expand the data collection and reporting system to other law enforcement agencies and whether such system should be made permanent; and
    Recommendations to improve law enforcement training and operations to address racial, ethnic, age, residency by county and state, or gender bias.
911 Task Force
Senate Sub. for HB 2945 establishes an enhanced 911 task force to develop a strategy for funding and deploying wireless emergency service. The task force will submit a report to the House Committee on Utilities and the Senate Committee on Commerce during the first week of the 2001 Legislature with its recommendations and, if applicable, proposed legislation. The Task Force will make recommendations and propose legislation, if appropriate, on the following:
    The mechanism for administering wireless 911 service, with a focus on whether it should be administered on a centralized basis;
    The possible formation of an oversight board to address future technological, coordination, and regulatory issues related to deployment of wireless emergency telephone service;
    The fairness and adequacy of the mechanism for funding such service;
    The method for recovering costs incurred by public safety answering points;
    The mechanism, if any, by wireless telecommunications service providers, in providing such service; and
    Any other issues deemed relevant by the task force pertaining to deployment of emergency telephone service.
    The Task Force will consist of 14 members. The Governor will appoint 12 nonlegislative members: two representatives of wireless telecommunications carriers; and, in response to recommendations from umbrella associations specified in the bill, a local telephone company that is not a rural telephone company; a rural telephone company; a firefighter; a person with a communications disability; an emergency medical services representative; a representative of the police force; two county representatives; and two city representatives.
    The remaining two members will be either the agency head or designated staff of the Highway Patrol and the Kansas Corporation Commission. A chairperson of the task force is to be appointed by the Governor.
    Staff from the Kansas Corporation Commission will be responsible for providing technical support to the task force and for preparing the report and any recommended legislation
Study Group on the Kansas Juvenile Offenders Code and Kansas Code for Care of Children
SR 1862 proposes creation of the 15-member Study Group on the Kansas Juvenile Offenders Code and Kansas Code for Care of Children. Study Group members are appointed by the Legislative Coordinating Council (LCC), and include a law enforcement officer. Those appointed to the Study Group must be persons who are interested in this area of the law and possess a broad legal background and practical experience or scholastic endeavor pertaining to the application of the Kansas Code for Care of Children and the Kansas Juvenile Offenders Code.