Approved: May 03, 2019

MINUTES OF THE SENATE JUDICIARY COMMITTEE

The meeting was called to order by Chairperson at 10:30 am on Friday, March 22, 2019, in room 346-S of the Capitol.

All members were present

Committee staff present: Debbie Welton, Committee Assistant Jason Thompson, Office of Revisor of Statutes Jenna Moyer, Office of Revisor of Statutes Natalie Nelson, Legislative Research Department Robert Gallimore, Legislative Research Department

Conferees appearing before the Committee: No conferees present

Others in attendance: See Attached List

Final action on bills previously heard Senator Rick Wilborn opened meeting.

The chairman opened the action on:

HB2038 - Revoking spousal inheritance rights upon divorce.

Jason Thompson, Revisor of Statutes, gave an overview on HB2038.

Senator moved to pass out favorably; seconded by Senator Mike Petersen; passed by voice vote.

Chair Rick Wilborn closed the action on HB2038 at 10:36 am.

The chairman opened the action on:

HB2360 - Concerning background checks of employees and volunteers that have unsupervised access to children, the elderly or individuals with disabilities.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 1 CONTINUATION SHEET MINUTES of the Committee on Judiciary at 10:30 am on Friday, March 22, 2019, in room 346-S of the Capitol.

Jason Thompson, Revisor of Statutes, gave an overview on HB2360.

Senator moved to pass out favorably; seconded by Senator Eric Rucker; passed by voice vote.

Chair Rick Wilborn closed the action on HB2360 at 10:38 am.

The chairman opened the action on:

HB2105 - Updating laws concerning limited liability companies.

Jason Thompson, Revisor of Statutes, gave an overview on HB2105.

Senator Eric Rucker moved to pass out favorably; seconded by Senator Randall Hardy; passed by voice vote.

Chair Rick Wilborn closed the action on HB2105 at 10:39 am.

The chairman opened the action on:

HB2211 - Allowing judges to waive or reduce driver's license reinstatement fees.

Jason Thompson, Revisor of Statutes, gave an overview on HB2211.

Senator Mike Petersen moved to pass out favorably; seconded by Senator Eric Rucker; passed by voice vote.

Chair Rick Wilborn closed the action on HB2211 at 10:39 am.

The chairman opened the action on:

HB2048 - Clarifying the definition of comparable offense under the Kansas criminal code.

Jason Thompson, Revisor of Statutes, gave an overview on HB2048.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 2 CONTINUATION SHEET MINUTES of the Committee on Judiciary at 10:30 am on Friday, March 22, 2019, in room 346-S of the Capitol.

Motion to adopt balloon amendment by Senator Eric Rucker; seconded by Senator Mike Petersen, (Attachment 1), passed by voice vote.

Motion to pass out favorably as amended by Senator Eric Rucker; seconded by Senator Randall Hardy; by voice vote was approved.

Chair Rick Wilborn closed the action on HB2048 at 10:41 am.

The chairman opened the action on:

HB2206 - Changing the bonding and cost requirements for animals taken into custody under a violation of cruelty to animals.

Jason Thompson, Revisor of Statutes, gave an overview on HB2206.

Senator made motion to pass out favorably; seconded by Senator . Passed by voice vote.

Chair Rick Wilborn closed the action on HB2206 at 10:41 am.

The chairman opened the action on:

SB219 - Transferring responsibility for the scrap metal database to the Kansas bureau of investigation, reducing the registration fee for scrap metal dealers, and requiring a tonnage excise tax.

Jason Thompson, Revisor of Statutes, gave an overview on SB219.

Senator Petersen has amendment, (Attachment 2) Motion to adopt the amendment by Senator Mike Petersen.

Comments by Senator David Haley.

Second by Senator Eric Rucker. Amendment approved by voice vote.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 3 CONTINUATION SHEET MINUTES of the Committee on Judiciary at 10:30 am on Friday, March 22, 2019, in room 346-S of the Capitol.

Motion to make Substitute SB219 by Senator ; seconded by Senator Mike Petersen. Approve by voice vote.

Motion to approve Substitute SB219 as amended by Senator Mike Petersen, seconded by Senator Eric Rucker. Approved by voice vote.

Chair Rick Wilborn closed the action on SB219 at 10:51 am.

The chairman opened the action on:

HB2365 - Providing for confidential communications of Kansas national guard members in peer support counseling sessions.

Jenna Moyer, Revisor of Statutes, gave an overview on HB2365.

Motion to amend (Attachment 3) by Senator Eric Rucker; seconded by Senator Dennis Pyle. Amendment approved by voice vote.

Senator Vic Miller moved to strike line 28 through 31 on page 2. Comment by Senator Mike Petersen. There was no second.

Motion to pass as amended by Senator Eric Rucker; seconded by Senator . Approved by voice vote.

Chair Rick Wilborn closed the action on HB2365 at 10:55 am.

The chairman opened the action on:

HB2191 - Amending the procedure for execution of a search warrant for electronically stored information.

Senator Vic Miller presented an amendment, (Attachment 4)

Jason Thompson, Revisor of Statutes, gave an overview on HB2191

Senator Vic Miller moved the amendment, seconded by David Haley.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 4 CONTINUATION SHEET MINUTES of the Committee on Judiciary at 10:30 am on Friday, March 22, 2019, in room 346-S of the Capitol.

Question and discussion by Senators Randall Hardy, Eric Rucker, motion to amend fails on voice vote.

Comments by Senators Dennis Pyle, Eric Rucker and David Haley.

Chair Rick Wilborn move to bundle HB2281 contents into HB2191 .

Jason Thompson, Revisor of Statutes, gave an overview on HB2281.

Questions and comments by Senator Vic Miller.

Chair Rick Wilborn withdrew bundle motion.

Motion to move out HB2191 favorably by Senator Eric Rucker; seconded by Senator Julia Lynn. Motion passed by voice vote. Senator David Haley requested to be recorded as a no vote.

Chair Rick Wilborn closed the action on HB2191 at 11:06 am.

The chairman opened the action on:

HB2281 - Providing that a court order modifying a criminal sentence only modifies the portion of the sentence referenced by the court and not remaining portions of the original sentence.

Chair Rick Wilborn asked the committee to consider moving the contents of SB81 into HB2281.

Jason Thompson, Revisor of Statutes, gave an overview on SB81.

Comments by Senator Molly Baumgardner and David Haley.

Senator Eric Rucker moved to add SB81 into HB2281 ; seconded by Senator Julia Lynn. The motion failed by voice vote.

Senator Vic Miller moved HB2281 be passed out favorably; seconded by Senator Molly Baumgardner. Motion passed by a voice vote.

Chair Rick Wilborn closed the action on HB2281 at 11:09 am.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 5 CONTINUATION SHEET MINUTES of the Committee on Judiciary at 10:30 am on Friday, March 22, 2019, in room 346-S of the Capitol.

The chairman opened the action on:

HB2279 - Requiring law enforcement officers to provide information about timing of release from custody when an arrest is made following a domestic violence call.

Senator Mary Pilcher-Cook moved to bill favorably for passage, seconded by Senator Molly Baumgardner.

Upon request of Senator Vic Miller, Senators Mary Pilcher-Cook and Molly Baumgardner withdrew their motion and second.

Senator Vic Miller moved the contents of SB150 be added into HB2279 ; seconded by Senator Molly Baumgardner. The motion passes by voice vote.

Senator Vic Miller moved the bill be passed favorably as amended, second by Senator Mary Pilcher- Cook. Motion passes.

Chair Rick Wilborn closed the action on HB2279 at 11:12 am.

The chairman opened the action on:

HB2290 - Creating a crime victims compensation division within the attorney general's office.

Jason Thompson, Revisor of Statutes, gave an overview on HB2290.

Chair Rick Wilborn requested the committee consider moving the contents of SB212 into HB2290.

Jason Thompson, Revisor of Statutes, gave an overview on SB212.

Senator Mary Pilcher-Cook moved to combine SB212 into HB2290 ; seconded by Senator Mike Petersen. Motion passes by voice vote.

Chair Rick Wilborn requested the committee consider moving the contents of SB213 into HB2290.

Jason Thompson, Revisor of Statutes, gave an overview on SB213.

The motion to add contents of SB213 into HB2290 was made by Senator Eric Rucker; seconded by Senator Elaine Bowers. The motion passed by voice vote.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 6 CONTINUATION SHEET MINUTES of the Committee on Judiciary at 10:30 am on Friday, March 22, 2019, in room 346-S of the Capitol.

Senator Eric Rucker moved HB2290 be passed as amended; seconded by Senator Vic Miller. Motion passes by voice vote.

Chair Rick Wilborn closed the action on HB2290 at 11:16 am.

The chairman opened the action on:

HB2039 - Extending recognition of tribal court judgments pursuant to supreme court rules.

Jason Thompson, Revisor of Statutes, gave an overview on HB2039.

Senator Vic Miller moved to recommend favorably; seconded by Senator David Haley. The motion passes by voice vote.

Chair Rick Wilborn closed the action on HB2039 at 11:22 am.

The chairman opened the action on:

SB157 - Creating a presumption in favor of shared parenting time for temporary orders.

Jason Thompson, Revisor of Statutes, gave an overview on SB157.

Senator David Haley moved to report the bill without recommendation; no second.

Questions by Senator Mike Petersen and Mary Pilcher-Cook.

Amendment by Senator Mary Pilcher-Cook, (Attachment 5); overview given by Jason Thompson, Revisor of Statutes.

Questions by Senator Julia Lynn, Molly Baumgardner and Eric Rucker.

Senator Mary Pilcher-Cook moved the amendment; seconded by Senator Molly Baumgardner, the motion passes by voice vote.

Senator Mary Pilcher-Cook moved the bill be passed out favorably as amended; second by Senator David Haley.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 7 CONTINUATION SHEET MINUTES of the Committee on Judiciary at 10:30 am on Friday, March 22, 2019, in room 346-S of the Capitol.

Comments by Senator Randall Hardy, Mike Petersen and David Haley.

Motion passes by a voice vote.

Chair Rick Wilborn closed action on SB157 and adjourned the meeting at 11:36 am.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 8