2011 Kansas Code
Chapter 21. - CRIMES AND PUNISHMENTS
Article 48. - CRIME-RELATED COMMISSIONS
21-4802 Kansas DUI commission; duties; membership; report; sunset.

21-4802. Kansas DUI commission; duties; membership; report; sunset. (a) There is hereby created the Kansas DUI commission.

(b) The commission shall:

(1) Review past and current driving under the influence statutes in Kansas;

(2) review driving under the influence statutes in other states;

(3) review proposals related to driving under the influence introduced in the 2009 legislative session;

(4) review other subjects related to driving under the influence referred to the commission by the chairperson of the standing senate committee on judiciary, house committee on judiciary or house committee on corrections and juvenile justice;

(5) review what is effective in changing the behavior of driving under the influence offenders by examining evaluation, treatment and supervision practices, enforcement strategies and penalty structure;

(6) develop a balanced and comprehensive legislative proposal that centralizes recordkeeping so that offenders are held accountable, assures highway safety by changing the behavior of driving under the influence offenders at the earliest possible time and provides for significant restriction on personal liberty at some level of frequency and quantity of offenses; and

(7) assess and gather information on all groups and committees working on issues related to driving under the influence and determine if any results or conclusions have been found to address the issues.

(c) The commission shall be made up of the following members:

(1) The chairperson of the standing committee on judiciary of the senate;

(2) the chairperson of the standing committee on judiciary of the house of representatives;

(3) the ranking minority member of the standing committee on judiciary of the house of representatives;

(4) the ranking minority member of the standing committee on judiciary of the senate;

(5) a district judge and a municipal court judge who exercise regular jurisdiction in driving under the influence cases, each appointed by the chief justice of the supreme court;

(6) the attorney general, or the attorney general's designee;

(7) one prosecuting attorney who regularly prosecutes driving under the influence cases, appointed by the Kansas county and district attorneys association;

(8) one defense attorney who regularly represents defendants in driving under the influence cases, appointed by the Kansas bar association;

(9) one victim advocate, appointed by the governor;

(10) two persons appointed by the Kansas association of addiction 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 the chairperson's designee;

(16) the superintendent of the Kansas highway patrol, or the superintendent's designee;

(17) the director of the Kansas bureau of investigation, or the director's designee;

(18) one sheriff, appointed by the attorney general who shall consider, but not be limited to, a list of three nominees submitted therefor by the Kansas sheriffs' association;

(19) one municipal law enforcement officer, appointed by the attorney general who shall consider, but not be limited to, a list of three nominees submitted therefor by the Kansas association of chiefs of police;

(20) one court services officer, appointed by the chief justice of the supreme court; and

(21) one parole officer, appointed by the secretary of corrections.

(d) The members of the commission shall elect officers from among its members necessary to discharge its duties.

(e) Each member of the commission shall receive compensation, subsistence allowances, mileage and other expenses as provided for in K.S.A. 75-3223, and amendments thereto, except that the public members of the commission shall receive compensation in the amount provided for legislators pursuant to K.S.A. 75-3212, and amendments thereto, for each day or part thereof actually spent on commission activities. No per diem compensation shall be paid under this subsection to salaried state, county or city officers or employees, except that the legislative members shall receive compensation as provided in K.S.A. 75-3212, and amendments thereto.

(f) The commission shall prepare and submit a report and recommendations on or before the first day of the 2010 legislative session and submit a final report and recommendations on or before the first day of the 2011 legislative session.

(g) The staff of the office of the revisor of statutes and legislative research department shall provide such assistance as may be requested by the commission and to the extent authorized by the legislative coordinating council.

(h) The provisions of this section shall expire on July 1, 2011.