22 March 2005

Governor Sebelius Signs 12 Bills into Law

Governor Kathleen Sebelius signed 12 bills into law Monday, March 21, 2005.

HB 2187 would clarify a motor vehicle tax exemption enacted in 2004 to provide that up to two vehicles owned by residents would be exempt when such individuals are in full-time military service and are absent from the state solely by reason of military orders at the time of the vehicle registration application, provided the vehicles are maintained outside the state or members of the military and are mobilized or deployed at the time of the vehicle registration application.

HB 2178 would amend the Kansas Senior Care Act to establish a program of preventative health services. The bill would include in the legislative findings that are part of the Act a statement that the establishment of the program would be in the interest of older Kansans and of providers of preventative health services. The program of preventative health services would be established and administered by the Secretary of Aging within appropriations made for that purpose.

SB 104 provides the Bank Commissioner or designee be authorized to examine the fiduciary affairs of any officer or employee of any bank or trust company serving in a fiduciary capacity that may affect the safety and soundness of the company.

SB 16 would amend a section of the Agricultural and Specialty Chemical Remediation Act to set March 15 as the expiration date of the terms of members of the Kansas Agricultural Remediation Board. Under current law, terms of members of the Board would expire on June 30.

SB 114 provides that after notice and an opportunity for a public hearing in accordance with the Kansas Administrative Procedure Act, the Bank Commissioner, with the approval of the State Banking Board, assess and collect a civil money penalty from any bank or trust company, or any executive director, director, employee, agent, or other persons participating in the conduct of affairs of the bank or trust company, who engages in any unsafe or unsound practice in connection with a bank or trust company or violates or knowingly permits any person to violate the provisions of the state banking code or any rule or regulation of the code, or any order of the Bank Commissioner or state banking board.

SB 219 would enact the Pest Control Compact, which is a multi-state effort to allow individual states to obtain financial support to control plant pests in a cooperative manner.

HB 2297 would amend the Interstate Motor Fuel User Tax Act such that vehicles used exclusively within two contiguous cities which constitute a designated commercial zone and out of state vehicles registered as farm trucks would be required to purchase either a trip permit for $13 or obtain an International Fuel Tax Agreement license from their base jurisdiction.

HB 2206 provides the disposition of an inmate’s unclaimed property can be disposed of in conformity with the Disposition of Unclaimed Property Act. Under current law, money and property of inmates, if unclaimed within a year is applied to the Department of Corrections Revolving Funds.

HB 2147 provides that psychiatric evaluation reports of correctional facilities may be disclosed to additional individuals by including members of the defendant’s family, the defendant’s friends, or when authorized by the defendant or inmate or by the defendant’s or inmate’s family.

HB 2086 concerns home health agencies and the frequency of on-site surveys. The bill provides that a home health agency is in compliance with the provisions of the act through an on-site survey conducted at least once every 36 months. Current law provides that an on-site survey be conducted within a 15 month period. The legislation would make the state survey cycle consistent with federal requirements.

HB 2042 would amend one statute governing providers of telephone service in the state. Specifically, the bill would repeal a provision requiring that promotions offered by a local exchange carrier must apply to all customers in an exchange or group of exchanges in a non-discriminatory manner. In place of that requirement, the bill would prohibit the Corporation Commission from approving promotions that are unjust, unreasonably discriminatory, or unduly preferential.

HB 2034 exempts agency actions concerning the management, discipline, or release of persons in the custody of the Commissioner of Juvenile Justice Authority from the Act for Judicial Review and Civil Enforcement of Agency Actions.