18 April 2005
Governor Sebelius signs 19 bills into law
Governor Kathleen Sebelius signed 19 bills into law today. During the 2005 session, she has signed 173 bills and vetoed four. As of today, the Governor has taken action on every bill presented to her except for the budget bill, which is not due until Thursday, April 21.
Increasing protection for vulnerable Kansans
HB 2128 authorizes the Department of Social and Rehabilitation Services (SRS) to access Kansas Bureau of Investigation (KBI) and Federal Bureau of Investigation (FBI) records in order to evaluate the qualifications of a job applicant or employee associated with a program serving children and vulnerable adults. The scope of the background check includes convictions, arrests not resulting in convictions, expungements, diversions, and juvenile offender records. The bill allows the cost of a record check to be assessed to the job applicant or employee. The bill makes the release of information from the background check a class A misdemeanor, but it allows the information to be disclosed in a hearing or court action involving SRS programs.
Banning racial profiling in law enforcement activities
SB 77 makes racial and other profiling unlawful. Racial profiling would be defined as the practice of a law enforcement officer or agency relying, as the sole factor, on race, ethnicity, national origin, gender, or religious dress in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity.
Protecting disabled Kansans from abuse in hospitals, mental health centers or group homes
SB 116 gives the Secretary of Social and Rehabilitation Services authority to seek an injunction to restrain or prevent the operation of any private psychiatric hospitals, community mental health centers, or facilities for the mentally ill, mentally retarded, or other disabled persons that are operating without a license. The bill also authorizes the Secretary of SRS to license and monitor group homes and similar residential settings or providers of such services that serve two or more residents who are not self-directing their care, unless the provider of services is already licensed to provide such services.
Shawnee County Consolidation
HB 2083 creates a five-person Consolidation Commission to prepare and adopt a plan addressing the consolidation of the governments of the City of Topeka and Shawnee County. The Commission appoints an executive director who would employ other staff necessary to carry out the functions of the Commission. The bill outlines the procedures the Commission must employ to provide ample public hearing and notification of a final proposal, as well as provide for statutory definitions for the new consolidated government.
Improving special education programs in Kansas; bonuses for certified teachers
HB 2331 amends state law to incorporate changes made by the U.S. Congress to the federal Individuals with Disabilities Education Act. These changes include allowing school districts to use approximately 15 percent of their federal funding to provide early intervention services, and allowing districts to reduce their expenditure levels for maintenance of effort against federal special education funds, if the local amounts are used to carry out No Child Left Behind activities and federal funds continue to increase. The bill also changes the due process complaint process to require that complaints give notice of all issues and to require parents and schools to participate in a resolution meeting prior to a hearing, unless they agree to waive the meeting and use mediation instead. The bill removes the 10-year limit for teachers attaining National Board Certification, allowing the $1,000 salary bonus to be provided for teachers who are re-certified for an additional 10 years. It also provides scholarships for initial certification and re-certification.
Clarifying requirements regarding photographic evidence; implied consent
HB 2385 amends the law dealing with stolen property, criminal proceedings, photographic evidence ,and the operation of motor vehicle law dealing with implied consent. The bill deletes certain requirements under current law that require the investigating officer under oath provide a written description of the property depicted in the photograph, including the property owner’s name, the location of the property at the time it was taken, the name of the investigating officer, the name of the photographer, and the date the photograph was made. Such photos may be admitted as long as other foundational requirements under the rules of evidence are met. The motor vehicle implied consent law would be amended to include preliminary screening tests of a person’s blood, breath, urine, or other bodily substance, authorized under KSA 8-1012.
Promoting reliable energy in Kansas
HB 2263 creates the Kansas Electric Transmission Authority. The purpose of the Authority is to further ensure reliable operation of the integrated electrical transmission system, diversify and expand the state’s economy and facilitate the consumption of Kansas energy through improvements in the state’s electric transmission infrastructure. The Authority will fulfill that purpose through building electric transmission facilities or by facilitating the construction, upgrade, and repair of third party transmission facilities.
Granting codes enforcement options to additional counties
HB 2309 extends to Crawford, Douglas, Franklin, Jefferson, Johnson, Miami, Riley, Sedgwick, Shawnee, and Wyandotte counties the ability to opt for the enforcement of county codes and resolutions in a special court docket within the district court. Prior law only authorized counties with a population in excess of 150,000 to use such procedure and prosecute code violations.
Ensuring responsibility by oil and gas drilling operations; diverting oil and gas severance taxes
HB 2390 amends a statute that sets out the requirements to be met by an applicant for an operator’s or contractor’s license to drill or service oil and gas wells. An applicant for a license or license renewal must satisfy the Corporation Commission that such person has, among other requirements, provided assurance of financial responsibility through meeting any one of six options set out in the law. This bill increases the amount required in several of the options. In addition, the bill provides for a partial diversion of oil and gas severance tax receipts from the State General Fund (SGF) beginning in FY 2009 relative to collections in those counties with severance tax receipts of at least $100,000 in FY 2005.
Allowing municipalities more energy flexibility
HB 2045 amends three statutes that govern municipal energy agencies. Under Kansas law, municipal energy agencies may be formed by two or more cities to secure electricity for the participating cities. The bill repeals the minimum size requirement for energy agencies’ boards of directors and the requirement that board members reside within one of the participating cities; requirement that energy agencies abide by state budget and cash-basis laws; and requirement that municipal energy agencies make filings with the Secretary of State pursuant to the Uniform Commercial Code to perfect a security interest against personal property or fixtures of the agency.
Protecting children in custody arrangements
SB 7 requires that a parent entitled to legal custody or residency or parenting time with a child under the Kansas divorce code give notice within 10 days to the other parent of the occurrence of any of the following: (1) when the parent or an individual with whom the parent is residing is known by the parent to be subject to registration under the Kansas Offender Registration Act or similar state or federal law; or (2) when the parent or an individual with whom the parent is residing is known by the parent to have been convicted of abuse of a child. Failure to give the required notice is considered an indirect civil contempt, and the court may assess reasonable attorney fees and other expenses against that parent. An event described above may be considered a material change in circumstances which would justify modification of a prior order of legal custody, residency, child support, or parenting time. The divorce code also is amended to establish a rebuttable presumption that it is not in the best interests of the child to have custody or residency granted to a parent involved with the above events when residing with an individual who is subject to registration under the Kansas Offender Registration Act or residing with an individual who has been convicted of child abuse. The Senate Committee made clarifying amendments.
Expanding reviews of unilateral land annexation
SB 24 amends the city annexation law dealing with unilateral annexation to expand the scope of review that a court may make of these decisions and to require cities to consider 16 different factors when annexing land unilaterally. The bill gives any city whose boundary line is located within one-half mile of the land being annexed and any owner of land annexed to the city (the latter provision is current law) the ability to challenge the annexation in district court. The bill requires the court, when a unilateral annexation is challenged, to determine whether the annexation is reasonable and the service plan adequate, and the effect the annexation would have on future growth of any city challenging the annexation. The bill also reduces, from five to three years following an annexation or conclusion of related litigation, the length of time that must elapse before the board of county commissioners must call a hearing to consider whether the city has provided the services according to the established timetable.
Creating the Kansas Fairness in Private Construction Contract Act
SB 33 creates the Kansas Fairness in Private Construction Contract Act. The bill requires that all persons who enter into a contract for private construction after the Act is published in the statute book are required to make all payments pursuant to the terms of the contract.
Changing the franchise fee, including renaming it to “report fee”
SB 37 renames the annual $40 fee from “franchise fee” to “report fee”; eliminates extensions of time for entities to file their annual reports with the Secretary of State; and repeals requirements that annual reports need to reflect the financial condition of the entities, among other changes. The disposition of revenue relative to the Secretary of State’s $40 report fee is amended to provide that 37.5 percent of such revenues would be credited to the Annual Report Filing Fee Fund and 62.5 percent would be credited to the SGF. Under current law, the entire $40 fee is credited to the SGF. The Secretary of State is prohibited from charging any additional fees beyond the $40 relative to the filing of annual reports.
Codifying contract requirements for schools and colleges
SB 48 places in statute requirements for local school boards, technical colleges, community colleges, and vocational schools with regard to contracts as follows: The bill requires that it is the policy of the State of Kansas that a school board’s, vocational school’s, technical college’s, or community college’s actions relating to a contract are the sole responsibility of the institution or district. Contracts entered into by any representative of the school board or institution, officer, or employee carries the same provision. The bill prohibits the use of language in the contracts that would indemnify or hold harmless other parties against damages, injury, or death resulting from the action of any party to a contract other than the school board or district. The bill requires that it is the policy of the State of Kansas that all contracts entered into by the abovementioned entities would be governed by and interpreted in accordance with the laws of the State of Kansas. Contracts entered into by any officers or employees acting on behalf of the abovementioned entities would carry the same provision. The local board, community college, vocational school, or technical college, or any officer or employee acting on the entities’ behalf would have no power to enter into a contract that provides the contract be governed by or interpreted in accordance with laws of any other state. The bill also requires that all contracts incorporate the mandatory contract provisions prescribed by the Kansas Department of Administration in form DA-146a. The entities may omit any of the mandatory contract provisions in form DA-146a upon a majority vote of the ruling body or board of the entity. All contracts of these entities inconsistent with this bill are void and unenforceable.
Authorizing county appraisers to amend property tax appraisal
SB 126 authorizes county appraisers to amend the current year's property tax appraisal rolls up to October 31, when a final determination on property valuation appeals has been made for the prior tax year. Under current law, appraisers cannot amend a current year's appraisal rolls to reflect final adjustments of a prior year's valuation after June 15. The bill also authorizes a property owner whose tax escrow agent pays the first-half taxes on or before December 20 to file a protest on or prior to January 31 of the next year. Currently, a property owner whose taxes are paid by an escrow agent may file a protest up to January 31, only if the escrow agent has paid the entire year's taxes on or before December 20. The bill also provides a property tax exemption, beginning in tax year 2005, for buildings constructed at state educational institutions under the supervision of the Board of Regents when such buildings are owned by municipalities and operated by a not-for-profit entity for the purpose of strategic technology acquisition and commercialization. The exemption also applies to personal property located in any such buildings.
Changing insurance law references
SB 176 amends existing law to replace reference to "agent" or "broker" in insurance law with the term "producer." The bill also amends existing law, KSA 40-905, to allow that improvements on real property shall not be required to be insured for more than a reasonable estimate of the replacement. The bill includes written notice requirements for the closing of a block of business and a change of date to allow for HIPAA compliance.
Technical changes to regulations governing livestock IDs and tags
HB 2053 strikes the sunset date of May 15, 2005, for the Livestock Commissioner to develop and implement an Animal Identification and Tracking Program. The bill includes technical adjustments: to add tribal officials to the list of industry and governmental representatives; to make the program voluntary; to adopt rules and regulations in a uniform method; and to require the Commissioner to report to the 2006 Legislature on the status of the Animal Identification and Tracking Program.
Requiring all vehicles be registered
HB 2124 amends KSA 8-135 to insert language under state law recognizing a security interest in vehicles registered by federally recognized Indian tribes. An additional provision ensures that perfected liens under applicable tribal law would be recognized by Kansas when the liens are noted on the faces of tribal certificates of title.
