12 April 2005
Governor Sebelius signs 11 bills into law
Governor Kathleen Sebelius today signed 11 bills into law. This brings the count on the number of bills the Governor has signed this session to 120, while she has vetoed three.
Expanding rape shield laws
SB 82 expands the rape shield criminal procedure law to cover any court proceeding. The rape shield law prohibits the presentation of evidence of the complaining witness/victim’s previous sexual conduct with any person including the defendant, unless the court decides this evidence is relevant and otherwise admissible. The bill would also add unlawful voluntary sexual relations to the list of prosecutions under which the rape shield law would apply.
Making Martin Luther King, Jr. Day and President’s Day statutory holidays
SB 26 amends KSA 35-107 dealing with the existing statute which designates legal public holidays. The statute currently lists Lincoln’s Birthday and Washington’s Birthday as legal public holidays, even though they are no longer observed. The bill deletes Lincoln's Birthday and Washington's Birthday, and designates Martin Luther King, Jr. Day as a legal public holiday on the third Monday in January and President’s day as a legal public holiday on the third Monday in February. The new designated legal public holidays would be in effect after January 1, 2006.
New health standards
HB 2264 is the Kansas Department of Health and Environment omnibus package. It includes: a statutory four year term for the health director; powers of the secretary with respect to isolation and quarantine; and rules and regulation regarding tuberculosis evaluation requirements for high risk students entering a Kansas college or university.
Allowing self-storage late fees
SB 69 amends the Self-Service Storage Act by allowing an operator to charge a late fee for an occupant’s failure to pay rent when due. In addition, the operator would be allowed to recover all reasonable rent collection and lien enforcement expenses in addition to any late fees imposed. This bill allows an operator to impose a reasonable late fee, for each month an occupant does not pay rent when it is due, in an amount not to exceed $20 per month or 20 percent of the monthly rental amount, whichever is greater.
Protecting dental patients
SB 91 sets fee maximums for various fees collected by the Kansas Dental Board. The bill increases the statutory caps on fees collected by the Board in conjunction with licensing and regulating dentists and dental hygienists. Authority to collect three new fees is added with this bill. The new section sets out the requirements that must be met for registration, gives the Board authority to adopt applicable rules and regulations, authorizes the Board to refuse to issue or to revoke or suspend a registration, and creates several exemptions to the new requirements relating to the registration of persons to operate a mobile dental facility or portable dental operation. Not-for-profit organizations providing dental services as defined in KSA 75-6102 (f)(4), the Kansas Tort Claims Act, are exempt from this Act.
Clarifying occupational therapy standards
SB 254 amends one of the statutes that make up the Kansas Healing Arts Act under which medical doctors, doctors of osteopathic medicine, and chiropractors are licensed and regulated. It clarifies the circumstances in which a person licensed in another state who is not the holder of a Kansas license may order professional services to be performed in Kansas without being in violation of Kansas law. The Board of Healing Arts will adopt rules and regulations that identify those circumstances in which services may be performed in Kansas on the order of an individual duly licensed in a branch of the healing arts in another state who does not maintain an office in Kansas to see patients or to take calls.
Extending a hunting permit exemption
HB 2466 repeals the authority of the Department of Wildlife and Parks to issue commercial guide service permits. Currently, persons born after July 1, 1957, and who are 16 years of age or older, are prohibited from hunting on land other than land owned by the hunter, unless such person has completed an approved hunter education course. The statute currently exempts persons who apply for a special controlled shooting area hunting license from meeting the requirements for completion of hunter education, but this exemption is slated to expire on July 1, 2005. HB 2466 makes the exemption permanent.
Fingerprinting individuals practicing law
SB 36 authorizes the Kansas Supreme Court to require applicants for admission to practice law in Kansas to be fingerprinted and to submit to a national criminal history record check.
Authorizing a vote on a sales tax in Neosho County
SB 295 amends a local sales tax statute to authorize the Neosho County Board of County Commissioners to seek voter approval of a 0.5 percent sales tax earmarked for roadway construction and improvement. If imposed, the tax would be required to expire once all such costs have been paid.
Conforming manufactured housing laws
SB 4 makes changes to the Kansas Manufactured Housing Act as a result of the 2000 federal Manufactured Housing Act, which required states to have provisions in place regarding the administration of the Act.
Changing tax information privileges
SB 13 relaxes certain tax confidentiality provisions so the Department of Revenue can share information with other state agencies, certain local officials and under limited circumstances, with retailers.
The bill authorizes the Department to:
Provide city and county clerks, treasurers, and finance officers with distribution reports of all taxes, not simply sales and transient guest taxes as provided under current law
Disclose tobacco information to criminal justice agencies or law enforcement officers in conjunction with pending investigations
Share information with a number of other state agencies relating to the administration of specific taxes and fees, including environmental surcharge and solvent fees, water protection fees, and enterprise zone sales tax exemption and project exemption certificates
Release to retailers tax exemption information for the purpose of verifying the authenticity of tax exemption numbers issued by the state
Disclose to the Secretary of Commerce certain taxpayer information relating to information previously submitted by taxpayers relative to certain tax credits for the purpose of verifying and evaluating the effectiveness of tax credit programs
Provide certain information to the Executive Director of the Kansas Public Employees Retirement System (KPERS) regarding W-2 payroll information filed by KPERS employees.
The Attorney General is required to investigate reported violations of confidentiality by local officials who receive tax distribution reports and would be required to investigate reported confidentiality violations by state officials who receive certain taxpayer-specific information. Additional language clarifies that district attorneys, county attorneys, and the Attorney General would have authority to prosecute confidentiality violations. The penalty for violating various confidentiality provisions would be increased from a class B to a class A misdemeanor. The bill also repeals an existing statutory requirement that Kansas, Inc. prepare an annual report on the cost effectiveness of various economic development tax incentives.
