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AD D AS ASTRA P A PER ASPERA GETTIN ING G LE LEGISLA GISLATION T THROUGH GH A A REPU EPUBLI LICAN DO DOMIN INATED D LEGISLA LE GISLATURE W WHILE ILE S SERVING G IN IN THE DEMOCR CRATI TIC M C MINORITY by Dona nald


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AD D AS ASTRA P A PER ASPERA – GETTIN ING G LE LEGISLA GISLATION T THROUGH GH A A REPU EPUBLI LICAN DO DOMIN INATED D LE LEGISLA GISLATURE W WHILE ILE S SERVING G IN IN THE DEMOCR CRATI TIC M C MINORITY

by Dona nald B Bet etts J s Jr

Former US Kansas State Senator and Founder of NAALA (North American Australian Lawyers Alliance)

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THE GREAT STATE OF KANSAS

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Kans ansas is is no notable f for

  • r a

a num number of

  • f

thing hings

■ The Wizard of Oz

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Most no nota table deci decision n from K m Kans nsas

■ Brown v Board of Education of Topeka 347 US 483 (1954) ■ US Supreme Court decision which ended legal segregation in public schools

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NO NOTAB ABLE K KANS ANSANS ANS

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Nobel Prize winners

Earl Sutherland Jr (Physiology and Medicine) Jack Kilby (Physics) Vernon Smith (Economic)

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Astronauts

Joe Engle Ronald Evans Steve Hawley

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Entertainment

Kristie Alley Annette Benning Buster Keaton Dennis Hopper Don Johnson

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Politicians

Dwight Eisenhower Bob Dole Robert Gates Nancy Kassenbaum

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Business

Alan Mulally (Ford) Olive Beech (Beech Aircrafts) Walter Chrysler (Chrysler Corp) Hollis Hedbery (Gulf Oil)

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AND …

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Donald Betts Jr

■ The Boy [not from OZ] but who came to OZ

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Donald Betts Jr

Born in Wichita, Kansas, on 8 February 1978 Hyde Elementary School – showed "political" promise when the was elected in 2nd grade as class representative At age 10 he moved with his mother and younger brother to North Las Vegas to be with his grandfather the late Rev IW Wilson Moved to inner city community – not the LV "Strip" – where he witness not glitz and glamour, but violent criminal activity He stayed on the "straight and narrow" Attended Clark High School

Doolittle Tutorial Program (helping elementary kids with homework) Playing drum and string bass in the school

  • rchestra
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Donald Betts Jr

Transferred to the Advanced Technologies Academy (special teaching in law, banking, commerce, technology) and graduated with emphasis on law, and received the principal's award After high school graduation he returned to Witchita to attend Friends University where he was involved in, among other things, football, the vocal group "The Singing Quakers", several bands, and president of the Multicultural Student Association (being the first African American student body president) Graduated with a degree in political science and history Became politically active in the Democratic Party and at the age of 24 ran for the Kansas State House of Representatives in the 84th District Ran a small, grass-roots campaign focused on his community, going from door-to-door – he was elected in November 2002

Amendments to address the recurring problem of an increasing prison population, making rehabilitation an option for first time drug offenders

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Donald Betts Jr

On 13 January 2004, he was elected as the youngest Senator in the history of Kansas (replacing "Rip" Gooch, an 80 yr old who was the oldest serving Senator) Active in a number of legislative initiatives

Racial profiling Scruffy's law (increased punishment for animal cruelty – felony) Divestment legislation re pension funds investing in companies doing business in and with Sudan (Darfur genocide)

In 2008, launched a bid for the Kansas Fourth District Congressional Seat for the US Congress – his bid was endorsed by Governor Kathleen Sebelius (later the 21st US Secretary of Health and Human Services under Pres Obama) who said: "Don Betts has been a great leader in the Kansas Legislature where he fought for better schools, more jobs and clean energy. It is time the people of the 4th District had a representative in Washington who puts people before politics." After completing his term as Senator in Kansas, came to Australia with his wife Tania and three children Just completed his final JD examinations at Monash University Currently working at Norton Rose Australia as legal Services Executive

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AD ASTRA PER ASPERA GETTING LEGISLATION THROUGH A REPUBLICAN DOMINATED LEGISLATURE WHILE SERVING IN THE DEMOCRATIC MINORITY Presented by: The Commercial Bar Association (International Law Section) Chair: Anton Trichardt Speaker: Donald Betts

  • Former U.S. Kansas State

Senator

  • Founder of NAALA –
  • Legal Services Executive

(Norton Rose Fulbright Australia) In this seminar, there will be a discussion of techniques and strategies on how to champion and see the passage of legislation while serving in the minority party

  • f a legislature, with specific

reference to: (a) SB 77 – An Act Prohibiting the Practice of Racial Profiling (b) “Scruffy’s Law” – It’s all in the Name (c) SB 123 – Rehabilitation instead of Incarceration

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Kansas State Senate Chambers

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Senate Bill No. 77 (22-4606) An Act Prohibiting the Practice of Racial Profiling

  • 22-4606. Racial and other profiling; definitions. As used in this act:
  • (a) "Governmental unit" means the state, or any county, city or other political subdivision thereof, or any

department, division, board or other agency of any of the foregoing, except governmental unit shall not include the board of education of any school district employing school security officers.

  • (b) "Law enforcement agency" means the governmental unit employing the law enforcement officer.
  • (c) "Law enforcement officer" has the meaning ascribed thereto in K.S.A. 74-5602, and amendments thereto,

except law enforcement officer shall not include school security officers designated as school law enforcement officers pursuant to K.S.A. 72-6146, and amendments thereto.

  • (d) "Racial or other biased-based policing" means the unreasonable use of race, ethnicity, national origin,

gender or religion by a law enforcement officer in deciding to initiate an enforcement action. It is not racial

  • r other biased-based policing when race, ethnicity, national origin, gender or religion is used in

combination with other identifying factors as part of a specific individual description to initiate an enforcement action.

  • (e) "Enforcement action" means any law enforcement act, as described in K.S.A. 22-4609, and amendments

thereto, during a nonconsensual contact with an individual or individuals.

  • (f) "Collection of data" means that information collected by Kansas law enforcement officers after each

traffic stop.

  • History: L. 2005, ch. 159, § 1; L. 2011, ch. 94, § 1; May 26.
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Senate Bill No. 77 (22-4606) An Act Prohibiting the Practice of Racial Profiling

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Scruffy and Magnum Changed Kansas Law SB No. 408

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Magnum Law Passes

  • In 1997, a Yorkshire terrier named Scruffy was beaten and burned alive in Kansas City. Four young men aged 17 to 21 choked the

tiny dog, tied him in a trash bag, and set the bag on fire. When that didn’t kill the dog, the men attempted to decapitate Scruffy with a shovel and finally beat the dog to death. They had videotaped their horrific acts and made copies as entertainment to share with their friends.

  • Those responsible were caught, but under the current laws of the time, the abusers were charged only with a misdemeanor for

torturing Scruffy. More severe felony charges were brought for arson because they had set him on fire. The community was

  • utraged over the case, but Scruffy’s Law to make animal cruelty a felony was struck down several times by the Kansas Senate.
  • Then, in Wichita on August 1, 2005, citizens passing by a recycling bin heard muffled sounds. They stopped to look inside the
  • container. There they found an 11 week old Labrador-mix puppy near death. The puppy had multiple injuries, including a broken

leg, cuts, and chemical burns over much of his body. He had been bound with wire and one paw had been stuffed into his mouth. He had been tortured, then thrown away to die.

  • The puppy was taken to Heartland Animal Hospital where veterinarians and staff named him Magnum and tried their best to save
  • him. But, alas, Magnum passed away just a few days later.
  • News of the puppy hit the community quickly. Most people were outraged that anyone would treat a puppy the way Magnum had

been treated. Magnum’s death would not be in vain, though. Veterinarians and other animal lovers in the community were determined that something would change and change quickly. Animal cruelty and Kansas’ lax animal cruelty laws had made the front page again and this time the community’s voice would be heard. Senate bill No.408, dubbed “Magnum’s Law”, passed. It would impose mandatory jail time of at least 30 days in jail, a fine of $500-$5,000, and mandatory psychological evaluation for convicted offenders.

  • Magnum Force of Kansas is the organization that spearheaded this campaign to change the law. So far they have accumulated an

$18,348 reward fund for information leading to the capture and prosecution of the people who committed this heinous crime.

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Floor of the Kansas House of Representatives

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“It’s not about being, hard on crime, but smart on crime…”

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Senate Bill No. 123

SENATE BILL No. 123 AN ACT concerning crimes and punishment; relating to possession of drugs; mandatory treatment; amending K.S.A. 65-4160 and K.S.A. 2002 Supp. 21-4603d, 21-4705, 214714, 22- 3716 and 75-5291 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: New Section 1. On and after November 1, 2003: (a) There is hereby established a non-prison sanction of certified drug abuse treatment programs for certain

  • ffenders who are sentenced on or after November 1,
  • 2003. Placement of offenders in certified drug abuse

treatment programs by the court shall be limited to placement of adult offenders, convicted of a felony violation of K.S.A. 65-4160 or 65-4162, and amendments thereto:

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National l Rec ecid idiv ivism Ra Rates D es Down

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Thank you