This bill amends the statute listing offenses that constitute a common nuisance that can be abated under the abatement of common nuisance statute, K.S.A. 22-3901. The bill adds to that list any felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members. The bill defines a "criminal street gang" as "any organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more person felonies or felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto, which has a common name or common identifying sign or symbol, whose members, individually or collectively engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies or felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto, or any substantially similar offense from another jurisdiction."

This bill enacts the beer and cereal malt beverage keg registration act. Retailers selling any container containing four or more gallons to any final consumer must affix to the container a keg identification number on tags or labels provided by the secretary of revenue, and record the keg number; date of sale; the purchaser’s name and address; and the purchaser's driver's license or ID number. The retailer must keep those records until the container is returned or until six months following the date of the sale. Any law enforcement officer investigating underage possession or consumption can examine the retailer’s records during normal business hours of the retailer, and the records can only be used or subpoenaed for criminal prosecution for violating the keg registration act or furnishing alcohol or CMB to a minor. Failure to comply with the registration provisions can result in a suspension or revocation of the retailer's license, and an administrative penalty. The bill creates a class B nonperson misdemeanor for persons other than the retailer removing or obscuring a keg ID number, or to possess a container without an ID number.

This bill amends K.S.A. 2001 Supp. 21-4318 governing the crime of inflicting harm upon police or fire dogs. The bill adds arson dogs and search and rescue dogs to the statute, and provides definitions of those animals.

This bill creates the new class A nonperson misdemeanor crime of unlawful conduct of cockfighting. The crime is defined as (1) Causing, for amusement or gain, any gamecock to fight with or injure another gamecock; (2) knowingly permitting such fighting or injuring on premises under one’s ownership, charge or control; (3) training any gamecock for the purpose or with the intent of having it fight with or injure another gamecock; or (4) attending the unlawful conduct of cockfighting. A "gamecock" is a domesticated fowl that is bred, reared or trained for the purpose of fighting with other fowl.

This bill amends the court cost statute governing the KBI lab fee, K.S.A. 28-176, increasing such fee from $150.00 to $400.00 in any criminal case if forensic science or laboratory services are rendered or administered by the KBI, the Sedgwick County Regional Forensic Science Center or the Johnson County Sheriff’s Laboratory. The bill also contains language specifying how the latter two agencies will disburse funds collected under this statute.

This bill has the effect of increasing municipal court and district costs another $2.00, which shall be paid to the Kansas Law Enforcement Training Center Fund. The bill also increases court costs for violation of county resolutions or codes from $1.00 to $20.00 for each violation of a resolution. Two dollars of each additional court costs are remitted to the state treasurer, with the remainder remitted to the county treasurer.

This bill amends K.S.A. 21-4718 and K.S.A. 2001 Supp. 21-4716 and establishes new procedures for seeking upward durational sentencing departures. The statute is designed to make state law comply with the United States Supreme Court decision in Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), which held that other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum, whether the statute calls it an element or a sentencing factor, "must be submitted to a jury, and proved beyond a reasonable doubt."

This bill amends K.S.A. 2001 Supp. 21-3438, 21-3721 and 21-3843 and enacts the protection from stalking act. It allows stalking victims to obtain a protection from stalking order similar to a protection from abuse order, and sets forth procedures for obtaining such an order. A copy of any order shall be issued to the victim, the defendant and the police department or sheriff's department where the victim resides. Violations of such an order can be prosecuted as stalking, battery, criminal trespass or violation of a protective order, depending on what activity the order covers.

This bill amends the protection from abuse act, K.S.A. 2001 Supp. 60-3102, 60-3104, 60-3107 and 60-3112. The bill extends protection to "intimate partners or household members." Intimate partners or household members means "persons who are or have been in a dating relationship, persons who reside together or who have formerly resided together or persons who have had a child in common." Dating relationship is defined as "a social relationship of a romantic nature," which shall be presumed if a plaintiff verifies that such relationship exists. Emergency and temporary orders that have been entered into the NCIC protective order file shall be canceled upon the expiration of the time period set out in the court order, or, if no time period is set, no later than one year from the entry date.

The material portion of this bill provides that the state of Kansas shall not recognize a common-law marriage contract if either party to the marriage contract is under 18 years of age.

This bill amends K.S.A. 8-247 and 8-1325 concerning driver’s licenses and identification cards and specifies certain information the division of vehicles must provide to persons applying for licenses or ID cards about organ donation. The bill also allows for use of information from the division of vehicles to establish a statewide organ and tissue donation registry program. Registry information cannot be used for the purposes of fund-raising.

This bill amends the statute setting forth penalties for failure to comply with a traffic citation, K.S.A. 8-2110. The bill makes minor changes specifying that once a driver's license has been suspended for failure to comply with a citation, proof of satisfying the citation must be provided to the court, rather than the department of revenue. Once the court informs the department of revenue the citation has been satisfied, the department of revenue shall terminate the suspension or suspension action.

This bill amends K.S.A. 2001 Supp. 21-3718, 65-4101, 65-4152 and 65-7006 relating to methamphetamine production. The bill basically establishes the crime of Meth-lab Arson, which is "accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance in violation of K.S.A. 65-4159, and amendments thereto, damaging any building or property which is a dwelling; or . . . property which is not a dwelling." Meth-lab Arson of a dwelling is a severity level 7 person felony, while meth-lab Arson of a building or property which is not a dwelling is a severity level 7 nonperson felony. The bill also prohibits the possession of pressurized ammonia in a container not approved for that chemical by the Kansas department of agriculture. The bill also prohibits possession or sale of red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with intent to use the product or with reason to know the product will be used for manufacturing a controlled substance.

This bill creates the much-needed crime of abusing toxic vapors, also known as huffing. Abusing toxic vapors is knowingly possessing, buying, using, smelling or inhaling the fumes of toxic vapors with the intent of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system. The bill excepts inhalation of anesthesia or other substances for medical or dental purposes. Toxic vapors are defined as vapors from the following substances or products containing these substances: (1) Alcohols, including methyl, isopropyl, propyl or butyl; (2) Aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate; (3) Acetone; (4) Benzene; (5) Carbon tetrachloride; (6) Cyclohexane; (7) Freons, including freon 11 and freon 12; (8) Hexane; (9) Methyl ethyl ketone; (10) Methyl isobutyl ketone; (11) Naptha; (12) Perchlorethylene; (13) Toluene; (14) Trichloroethane; or (15) Xylene. Evidence that a container lists one or more of these substances as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof. Abusing toxic vapors is a class B nonperson misdemeanor. The bill also includes toxic vapors in the definition of a drug under the DUI law, K.S.A. 8-1567.

The bill amends K.S.A. 2001 Supp. 21-2511 and 65-448 concerning specimen collection and examination of victims of sexual assault. The bill adds the following to the list of those who must submit specimens:

Persons convicted of

This bill amends the statute setting forth exceptions to the Kansas Open Records Act, K.S.A. 45-221, and creates an exception for records the disclosure of which would pose a substantial likelihood of revealing security measures that protect: (A) Systems, facilities or equipment used in the production, transmission or distribution of energy, water or communications services; or (B) sewer or wastewater treatment systems, facilities or equipment. For purposes of this exception, security means measures that protect against criminal acts intended to intimidate or coerce the civilian population, influence government policy by intimidation or coercion or to affect the operation of government by disruption of public services, mass destruction, assassination or kidnapping.

This bill provides authority to the Kansas Parole Board to allow an early release from prison for any inmate who is functionally incapacitated, and provides definitions and procedures therefore.

This anti-terrorism bill creates the new crime of endangering the food supply which is knowingly: (1) bringing into this state any domestic animal which is affected with any contagious or infectious disease or any animal which has been exposed to any contagious or infectious disease; (2) exposing any animal in this state to any contagious or infectious disease; (3) bringing or releasing into this state any plant pest as defined in K.S.A. 2-2113, and amendments thereto, or exposing any plant to a plant pest; or (4) exposing any raw agricultural commodity, animal feed or processed food to any contaminant or contagious or infectious disease. The bill supplies definitions, and creates a exceptions for valid research activities. This crime is a class A nonperson misdemeanor, unless the contagious or infectious disease is foot-and-mouth disease, which escalates the crime to a severity level 4, nonperson felony. The bill also creates the crime of aggravated endangering the food supply, which is doing any of the acts above with the (1) intent to cause damage to plants or animals or to cause economic harm or social unrest; or (2) intent to cause illness or injury or death to a human being or beings. The first form of the aggravated crime is a severity level 3, nonperson felony, while the latter is a severity level 3, person felony. The felony form of these crimes constitutes an inherently dangerous felony for the purposes of felony murder. The bill also amends the criminal threat statute, K.S.A. 21-3419, to include any threat to adulterate or contaminate any food, raw agricultural commodity, beverage, drug, animal feed, plant or public water supply; or (3) expose any animal in this state to any contagious or infectious disease. The bill also allows the governor to issue a proclamation declaring a state of disaster emergency if the food or water supplies are threatened and a quarantine is deemed necessary.

This bill amends K.S.A. 60-3331 governing the civil penalty for shoplifting. The key feature of this bill is to make the parent of unemancipated minors liable to merchants filing a civil action for the civil penalty allowed by the statute. If the property is recovered in merchantable condition, the penalty is $50.00. If the property is not recovered in merchantable condition, the penalty is twice the retail cost of the merchandise or $50.00, whichever is greater, up to a maximum of $500.00. The merchant is required to make demand for the penalty prior to filing suit.

This bill amends K.S.A. 21-3707 governing worthless checks. The bill increases from $10.00 to $30.00 the service charge a holder of a bad check can demand from the checkwriter (in addition to the face amount). If the checkwriter fails to pay the holder the face amount plus the service charge within seven days, such failure constitutes prima facie evidence of intent to defraud and of the checkwriter's knowledge of insufficient funds.

This bill changes the nondrug sentencing grid for forgery, and clarifies that the specific sentencing provisions in subsections (b)(3) and (b)(4) of K.S.A. 21-3710 govern sentencing in forgery cases. It also makes clear that the jail time provided by those provisions will be served in a county jail, not in a secretary of corrections facility.

This bill creates the new severity level 6, nonperson felony crime of tampering with a pipeline, which is the intentional and unauthorized alteration of or interference with any part of a pipeline. The bill also contains the usual definition of "pipeline," but excepts "distribution lines that convey natural gas from a gas main to the ultimate consumer." The bill also contains a much-welcomed amendment to the theft statute, K.S.A. 21-3701, stating that conviction of a violation of a municipal ordinance prohibiting theft shall be considered a conviction of theft for the purpose of determining the severity level of a theft conviction. The bill also amends K.S.A. 21-4201 concerning criminal use of weapons. The bill changes the elements of possessing a silencer from devices which silence the report of a firearm to devices which suppress the report of a firearm. It also adds a limited law enforcement exception, allowing for the possession of devices which suppress the report of a firearm if the law enforcement officer is:

This bill amends K.S.A. 22-4902 and 22-4906 relating to offender registration. The bill extends registration requirements to persons adjudicated as a juvenile offender for an act which if committed by an adult would constitute the commission of a sexually violent crime. Such persons are required to register until they reach 18 years of age or at the expiration of five years from the date of adjudication, whichever date occurs later.

The material provisions of this bill amend the unlawful sexual relations statute, K.S.A. 2001 Supp. 21-3520, including within its proscriptions sex between a parolee or postrelease supervision criminal and contractors or their employees hired to provide parole or postrelease supervision services. The bill also adds sexual battery and aggravated sexual battery to the list of crimes which cannot be expunged.

This bill amends K.S.A. 8-1556 relating to passing stopped school buses. The bill deletes the requirement that buses bear a decal stating ‘‘Warning, $100 Fine for Passing Stopped School Bus with Red Lights Flashing and Stop Sign Activated’’.

This bill amends 8-1,147 governing Pearl Harbor license plates. It adds such plates to a list allowing the surviving spouse or other family member to possession of the plates upon the death of the person to whom the plate was issued. Once that person dies, the plates shall not be displayed on any vehicle unless otherwise authorized by statute.

This bill amends K.S.A. 8-145d, 8-1,125 and 8-1,130 concerning accessible parking. The bill deletes language requiring applicants for a disabled parking placard or identification card from those required to pay a $3.00 registration fee. The bill also adds advanced registered nurse practitioners registered under K.S.A. 65-1131 and licensed physician assistants to those who can authorize issuance of disabled tags or placards to persons with a disability. The bill also deletes language allowing the secretary of revenue to adopt rules and regulations prescribing a fee for placards and identification cards.

This bill amends K.S.A. 8-132 and 8-133 governing the display of personalized license plates on passenger vehicles or trucks licensed for a gross weight of not more than 20,000 pounds. It makes the display of personalized plates on the front of any vehicle optional, and specifies that no registration decal shall be issued for any such license plate displayed on the front of the vehicle.

This bill amends K.S.A. 8-135, 8-145 and 8-145d governing the registration of vehicles. The bill allows auctioneers to issue 72-hour transportation permits for vehicles sold at auction, and allows the purchaser to operate the vehicle for 72 hours. The bill also requires the purchaser to have the bill of sale. Kansas auctioneers can buy the $3.00 permits in multiples of three, and must mail a copy of their application for these permits to the division of vehicles within 24 hours from the date of issuance of such permit. Only one permit can be used by the same purchaser on the same vehicle. The bill also allows vehicle dealers to attach one additional reassignment form to a certificate of title on a form issued by the director of vehicles. The reassignment form shall be used by dealers when selling the vehicle to another dealer or the ultimate owner of the vehicle only when the two reassignment forms on the certificate of title have already been used.

This bill amends K.S.A. 8-2,127 to exempt from the definition of commercial vehicles certain emergency vehicles, including "vehicles operated by firefighters and other persons which are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances or other vehicles that are used in response to emergencies."

This bill amends K.S.A. 8-143 and 8-143j and increases vehicle registration fees to fund the comprehensive transportation program. Generally, motorized bicycles, motorcycles and electric vehicles go up $1.00, passenger vehicles go up $5.00 and trucks go up varying amounts between $2.00 and $10.00 depending on weight.

This bill amends K.S.A. 8-126, 8-1446, 8-1485 and 8-1486 concerning electric personal assistive mobility devices. The bill defines such a devices as a "self-balancing two nontandem wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less." The bill excepts such devices from the definition of a "vehicle," and defines persons using such devices as a pedestrian. The bill also creates an "Electronic certificate of title" which is an electronic record maintained by the division of vehicles "of the ownership of a vehicle or motor home, including any lien, liens or other security interest in the vehicle or mobile home." On and after January 1, 2003, if an assignment of title or manufacturer’s statement of origin indicates there is a lien or encumbrance on a vehicle or mobile home, or if a notice of security interest has been filed with the division, the division "shall retain possession of such certificate of title electronically and shall create an electronic certificate of title."

This bill concerns the civil and voting rights of convicted felons. It amends K.S.A. 2001 Supp. 21-4603, 21-4603d and 21-4615 to specify that civil and voting rights are suspended upon conviction of a felony (even if the conviction does not result in a sentence to be served in the custody of the secretary of corrections) and continue until the person has completed the terms of the authorized sentence.