21-4802. Kansas DUI commission; duties; membership; report; sunset.
21-4802
21-4802. Kansas DUI commission; duties; membership;report; sunset.(a) There is hereby created the Kansas DUIcommission.
(b) The commission shall:
(1) Review past and current driving under the influence statutesin Kansas;
(2) review driving under the influence statutes in other states;
(3) review proposals related to driving under the influenceintroduced in the 2009 legislative session;
(4) review other subjects related to driving under the influencereferred to the commission by the chairperson of the standing senatecommittee on judiciary, house committee on judiciary or housecommittee on corrections and juvenile justice;
(5) review what is effective in changing the behavior of drivingunder the influence offenders by examining evaluation, treatmentand supervision practices, enforcement strategies and penalty structure;
(6) develop a balanced and comprehensive legislative proposalthat centralizes recordkeeping so that offenders are heldaccountable, assures highway safety by changing the behavior ofdriving under the influence offenders at the earliest possibletime and provides for significant restriction on personal libertyat some level of frequency and quantity of offenses; and
(7) assess and gather information on all groups and committeesworking on issues related to driving under the influence anddetermine if any results or conclusions have been found toaddress the issues.
(c) The commission shall be made up of the following members:
(1) The chairperson of the standing committee on judiciary ofthe senate;
(2) the chairperson of the standing committee on judiciary ofthe house of representatives;
(3) theranking minority member of the standing committee on judiciary of the house ofrepresentatives;
(4) the ranking minority member of the standing committee on judiciary of thesenate;
(5) a district judge and amunicipal court judge who exercise regular jurisdiction indriving under the influence cases, each appointed by the chiefjustice of the supreme court;
(6) the attorney general, or the attorney general's designee;
(7) one prosecuting attorney who regularly prosecutes drivingunder the influence cases, appointed by the Kansas county anddistrict attorneys association;
(8) one defense attorney who regularly represents defendants indriving under the influence cases, appointed by the Kansas barassociation;
(9) one victim advocate, appointed by the governor;
(10) two persons appointed by the Kansas association ofaddiction professionals;
(11) the secretary of corrections;
(12) the secretary of social and rehabilitation services;
(13) the secretary of revenue, or the secretary's designee;
(14) the secretary of transportation, or the secretary's designee;
(15) the chairperson of the Kansas sentencing commission, or thechairperson's designee;
(16) the superintendent of the Kansas highway patrol, or thesuperintendent's designee;
(17) the director of the Kansas bureau of investigation, or thedirector's designee;
(18) one sheriff, appointed by the attorney general who shall consider,but not be limited to, a list of three nominees submittedtherefor by the Kansas sheriffs' association;
(19) one municipal law enforcement officer, appointed by the attorney generalwho shall consider, but not be limited to, a list of three nominees submittedtherefor by the Kansas association of chiefs of police;
(20) one court services officer, appointed by the chief justiceof the supreme court; and
(21) one parole officer, appointed by the secretary ofcorrections.
(d) The members of the commission shall elect officers fromamong its members necessary to discharge its duties.
(e) Each member of the commission shall receive compensation,subsistence allowances, mileage and other expenses as providedfor in K.S.A. 75-3223, and amendments thereto, except that thepublic members of the commission shall receive compensation inthe amount provided for legislators pursuant to K.S.A. 75-3212,and amendments thereto, for each day or part thereof actuallyspent on commission activities. No per diem compensation shall be paid underthis subsection to salariedstate, county or city officers or employees, except that thelegislative members shall receive compensation as provided inK.S.A. 75-3212, and amendments thereto.
(f) The commission shall prepare and submit a report andrecommendations on or before the first day of the 2010legislative session and submit a final report and recommendationson or before the first day of the 2011 legislative session.
(g) The staff of the office of the revisor of statutes andlegislative research department shall provide such assistance asmay be requested by the commission and to the extent authorizedby the legislative coordinating council.
(h) The provisions of this section shall expire on July 1, 2011.
History: L. 2009, ch. 107, § 1; July 1.