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Minutes for SB172 - Committee on Utilities

Short Title

Creating the crimes of trespassing on a critical infrastructure facility and criminal damage to a critical infrastructure facility and eliminating the crime of tampering with a pipeline.

Minutes Content for Wed, Feb 17, 2021

The Chairman called for final action on SB 172.  Matt Sterling, Office of Revisor of Statutes, gave an overview of the bill.

Senator Petersen proposed a balloon amendment and explained that it added cable television "headend" on page 3, at the end of line 8 after "supplies". (Attachment 1)  A cable television "headend" is a master facility for receiving television signals for processing and distribution over a cable television system. These cable systems are part of the critical communications to get emergency broadcasting out, and for that reason, he stated it should be covered under this bill.  Senator Olsen moved, and Senator Petersen seconded, to adopt the proposed amendment.  Motion carried.

Senator Olsen proposed a balloon amendment which would expand the definition of water infrastructure to include all assets in water treatment and distribution facilities. (Attachment 2) 

Mr. Sterling noted the amendment distributed and uploaded to the Kansas Legislature website was an earlier version of the amendment. (Attachment 3)  The correct amendment was displayed and explained by Mr. Sterling.  Because the word "wastewater" was struck in the posted and distributed amendment, Senator Petersen asked for clarification of whether wastewater facilities would be covered under the bill.   Mr. Sterling confirmed that in the correct amendment, the word "wastewater" is not struck, and the new definition included in the amendment does include wastewater treatment.

Senator Olsen moved, and Senator Petersen seconded, to adopt the proposed amendment.  Motion carried.

The Chairman proposed a balloon amendment. (Attachment 4)  Matt Sterling explained the amendment strikes subsection (f) of Section 1 and adds K.S.A. 21-5818 to K.S.A. 21-6604 (a section concerning restitution).  He noted the only substantive change is removing the application of restitution for an individual who was arrested but not convicted, since restitution is only ordered for individuals that are actually convicted. 

Senator Olsen moved, and Senator Fagg seconded, to adopt the proposed amendment.  Motion carried.

Senator Warren proposed a balloon amendment to ensure the owner or operator of a facility can pursue civil damages and civil injunction in the event of damage to the facility.  (Attachment 5)

Senator Warren moved, and Senator Petersen seconded, to adopt the proposed amendment.  Motion carried.

Senator Olsen moved, and Senator Petersen seconded, to recommend SB 172 as amended, favorably for passage.  Motion carried.  Senator Francisco requested that her “no” vote be recorded.

The Chairman adjourned the meeting at 2:17pm.