2005 Legislative Summary (Regular Session)

Failed bills:

HB 121 repeals persistent offender law on sentencing enhancements in certain drug trafficking cases.

HB 250 prohibits the use of alcoholic vaporizers for any intoxicating liquor.

HB 716 expands the crime of endangering the welfare of a child in the 2nd degree by making it a crime to violate certain drunk driving laws with a child under the age of 17 is in the vehicle.

HB 746 creates a civil cause of action against anyone who is under the age of 21 and who misrepresents his or her age to obtain alcohol.

HB 822 adds bronchial inhaler devices to the list of things that are defined as drug paraphernalia.

HB 857 makes it illegal to alter or falsify drug/ alcohol test results, or manufacture, sell, give away, distribute, produce or market biological samples, or adulterants, to falsify test results.

HB 930 requires entities that sell or distribute any tobacco products or rolling papers to obtain a license from the Division of Liquor Control.

HB 951 revises state statutes prohibiting possession, use, or the abuse of substances and devices, such as alcohol vaporizers.

Passed Bills:

HB 58 relates to laws governing political subdivisions. In part, this bill authorizes issuance of entertainment district special licenses to sell liquor by the drink from portable bars within common areas of entertainment districts in historic downtown Kansas City and allows patrons to carry drinks from one establishment to another.

HB 353 is a multi-faceted crime prevention bill. In part, the bill: (1) adds the hallucinogenic herb “salvia divinorum” and 12 other compounds to the list of controlled substances and clarifies which forms of anabolic steroids are included within schedule II controlled substances. (2) Gives the juvenile court concurrent jurisdiction with the circuit court in cases involving children younger than 17 who violate state or municipal ordinances prohibiting the possession or use of tobacco products. (3) Adds chemical urine tests to the list of tests that may be conducted by the State Water Patrol, measuring blood-alcohol content of persons operating a watercraft; increases from $200 to $500 the damages that require filing accident reports when a watercraft is damaged; and prohibits use of any device that, when activated, allows a watercraft’s muffler to exceed maximum decibels. (4) Expands crime of endangering the welfare of a child in the first degree, to a class C felony. Currently, a person is guilty if he or she produces or sells methamphetamine in the presence of a child younger than 17. The crime is expanded to include producing, selling, or attempting to produce the drug within a child’s home. (5) Expands the crime of endangering the welfare of a child in the second degree, a misdemeanor. The offense is occurs when an operator of a motor vehicle commits an involuntary manslaughter, assault in the second degree, driving while intoxicated, or driving with excessive blood-alcohol content while a child younger than 17 years of age is in the vehicle. (6) Expands the crime of arson in the first degree when damage to a structure by fire or explosion results from an attempt to produce meth. (7) Ups the penalty from a class D felony to a class C felony for the theft of materials to manufacture methamphetamine and increases the penalty from a class C felony to a class B felony for the theft of anhydrous ammonia or liquid nitrogen. (8) A new crime of possessing and distributing a prescription medication on school property without a valid prescription is created, possession is a class C misdemeanor, and distribution is a class B misdemeanor.

HB 441 creates several restrictions regarding the sale of compounds containing ephedrine or pseudoephedrine and makes pseudoephedrine a Schedule V drug. Drugs containing ephedrine or pseudoephedrine may be sold only by pharmacies. The pharmacy must keep a log of all sales, keep these products behind a counter where the public is not permitted, and check photo IDs of the purchaser proving he or she is at least 18 years old. Purchases of products containing ephedrine or pseudoephedrine is limited to nine grams of ephedrine or pseudoephedrine per month, unless purchased by prescription. Current law limits only the amount of ephedrine or pseudoephedrine that may be purchased at one time. The 30-day restriction does not apply to compounds that are in a liquid or liquid-filled gel capsule form. However, a person may not buy more than nine grams in liquid form at one time.

HB 972 covered many issues: (1) Changes driving while intoxicated laws. Expands crime of involuntary manslaughter in the first degree and increases penalty to a class B felony under certain circumstances. The crime is a class B felony when a person operates a motor vehicle in an intoxicated condition and with criminal negligence resulting in a fatality. (2) Alters definition of “persistent offender” from a person with two or more intoxication-related convictions over ten years – to any time frame. (3) 2 new types of offender status, “aggravated offender” and “chronic offender”, are created to apply enhanced penalties & prison time. (4) Driving while intoxicated or driving with excessive blood-alcohol content becomes a class C felony when the defendant is sentenced as an aggravated offender, and a class B felony if sentenced as a chronic offender. Aggravated offenders serve a minimum of 60 days and chronic offenders at least 2 years imprisonment before becoming eligible for probation/parole. (5) Expands endangering the welfare of a child when operating a vehicle commits involuntary manslaughter, driving while intoxicated, or driving with high blood-alcohol content while a child younger than 17 years of age is in the vehicle. (6) Makes it a crime for a property owner to allow someone younger than 21 years of age to drink or possess alcohol on the owner’s property.

SB 1 revises the workers’ compensation law. This new law penalizes employees injured when violating safety rules related to drugs or alcohol. Such employees may have their compensation and/or death benefits reduced by 50%. Intoxication at or above the legal blood level shall give rise to a rebuttable presumption that the voluntary use of alcohol was the main cause of injury.

SB 10 creates restrictions on the sale of items with ephedrine and pseudoephedrine. Places ephedrine, its salts and optical isomers, if the only active medicinal ingredient, on Schedule IV for controlled substances. Any compounds, mixtures, or preparations containing ephedrine / pseudoephedrine on Schedule V dispensed, sold, or distributed without a prescription, may only be sold from over a pharmacy counter – by a pharmacist or registered technician. Retail sales of such products may only be to 18 years olds and older. Pharmacists must have a person buying these products furnish a photo ID showing their birth date if the pharmacist does not know the person. They’re required to keep a written or electronic log of each transaction. The log must include information, such as name and address of the purchaser, the amount of the product purchased, a date of the purchase, and the name of the pharmacist or technician who dispensed the product. Retailers selling liquid and gel capsules are exempt from this requirement.

SB 37 states that any person, except for a parent or guardian, who procures for, sells, or gives away, or otherwise supplies alcohol to a minor is guilty of a misdemeanor. In addition to the current provisions, this act prohibits any owner, occupant, or other person or legal entity with lawful rights to use and enjoyment of any property from knowingly allowing a minor to drink or failing to stop a minor from drinking on such property, unless the person is the minor’s parent or guardian. Also strengthens laws regarding involuntary manslaughter in the first degree and changes penalties for the crime depending on aggravating circumstances.

SB 254 prohibits anyone under the age of 21 from distributing prescription medication to any individual who does not have a valid prescription upon school property. The bill also prohibits any person under the age of 21 from possessing prescription medication on school property without a valid prescription.

SB 262 expands wineries licenses to sell intoxicating liquor by the drink if the premise is in close proximity to the winery. Current limitations to winery hours are expanded to allow for Sunday sales. This bill lowers standards for “keg” registration and liberalizes several licensing restrictions for selling liquor by the drink.

SB 402 addresses various alcohol abuse issues. This bill: (1) Requires school districts to develop a policy by June 30, 2006, detailing the consequences that will result for a student at school if the student is found to be in possession or drinking alcohol on school grounds or if representing the school at sanctioned activities. (2) Prohibits any owner, occupant, or other person or legal entity with a lawful right to the use or enjoyment of any real or any personal property from knowingly allowing a minor to drink or knowingly failing to stop a minor from drinking on such property, unless the person is the minor’s parent or guardian. (3) Makes it a crime for a minor to purchase or attempt to purchase, or have in possession, any intoxicating liquor. The bill also addresses a minor as guilty of a misdemeanor for a “minor in possession” offense if he or she is “visibly intoxicated” or has a detectable blood alcohol content of .02. (4) Provides that any person who would obtain, transfer, or use any means of identification for the purpose of manufacturing and providing or selling a false identification card to a minor for the purpose of purchasing or obtaining alcohol is guilty of a Class A misdemeanor. (5) Any minor may loose their driving privileges for “possession” of intoxicating liquor. The period of suspension shall be up to 30 days for the first offense and 90 days for the second offense. Any third or subsequent offense will result in revocation for one full year of driving privilege.