28 March 2005
Governor Signs 20 Bills into Law
Governor Kathleen Sebelius today signed 20 bills into law.
SB 115 concerns the investigation of reports of abuse, neglect, or exploitation of certain adults. Current law requires that an investigation and evaluation be completed within 30 working days of receiving a report of abuse, neglect, or exploitation. SB 115 proposes to extend the investigation and evaluation time period to 90 working days if conducting the investigation within 30 working days would interfere with an ongoing criminal investigation. If a finding is made prior to the conclusion of a criminal investigation, the bill proposes to allow an investigation and evaluation to be reopened, and a new finding made, based on any additional evidence provided as a result of the criminal investigation.
HB 2157 would amend the Employment Security Law to disqualify from benefits an individual who, initially hired by an adult care home or a home health agency, and then was subsequently convicted of a disqualifying felony and discharged under the statutes of either the adult care home or the home health agency.
HB 2164 would extend the sales tax enterprise zone exemption from July 1, 2004 to July 1, 2010.
HB 2027 would reduce to one year the period a two-term municipal library board member must wait before being reappointed. Current law prohibits anyone who has been appointed for two consecutive four-year terms from being reappointed until two years after the expiration of the second term.
HB 2052 would amend the definition of “clean rubble” in the definition section of the solid waste statutes. Under the bill, the term would mean the following types of construction and demolition waste: concrete, concrete products, including reinforcing steel, asphalt pavement, brick, rock, and uncontaminated soil as defined in rules and regulations adopted by the Secretary of Health and Environment.
HB 2078 as amended would amend KSA 8-1723 to authorize the lead motor vehicle of a funeral procession to be equipped with light switch alternately or simultaneously flash and would further clarify that a funeral hearse may serve as a funeral lead vehicle. The bill would similarly update an existing statutory authorization for police vehicles used as emergency vehicles to be equipped with the alternately or simultaneously flashing head lamps.
HB 2097 concerns the exchange of certain examinations and reports in relation to banks and trust companies. Currently, the State Bank Commissioner is required to accept or provide reports of state banks and trust companies from the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Bank, or certified accountants or independent auditors who are insured by a private insurer. This bill would remove the requirement for the certified accountants and independent auditors. HB 2097 also provides for additions to the disclosure requirements for the State Bank Commissioner.
HB 2098 concerns the trust authority of banks. The bill provides that banks be allowed to act as trustees of both Medical Savings Accounts (MSAs) and Health Savings Accounts (HSAs) without a special permit, if investments are limited in time or savings deposits in the bank. Under current law, banks are permitted to act as trustees, without a special permit, for Individual Retirement Accounts (IRAs) and 401(k) trusts. The bill would be effective upon publication in the Kansas Register.
HB 2099 as amended would require that a credit union approved to do business in the state be subject to the same fees for examination as a state-chartered credit union. The fee would be paid to the Credit Union Administrator. Provisions in the bill also would allow the Administrator to authorize full parity to any federally-insured credit union.
HB 2123 as amended would transfer all powers, duties, and functions of the Kansas Corporation Commission (KCC) relating to the regulation of railroads to the Kansas Department of Transportation (KDOT). All KCC records, memoranda, and other materials relating to railroad regulation would be transferred from KCC to KDOT. KDOT would be required to review all KCC rules and regulations relating to railroads prior to July 1, 2005, and notify the KCC with respect to those which should be retained.
HB 2130 deals with the privileged communication statutes to provide for the exchange of treatment information and confidential communications between treatment facilities, jails, other correctional facilities, or juvenile correctional facilities without patient consent. Under current law, this information can be shared only by state psychiatric hospitals and community mental health centers. The Senate Committee made a technical amendment by adding "juvenile detention facilities" to the list of facilities able to receive treatment information of patients.
HB 2154 would repeal statutes governing disciplinary actions and the State Board of Pharmacy. The bill would repeal KSA 65-1627d, KSA 65-1627e, and KSA 65-1627g relating to disciplinary hearings of the board.
HB 2171 concerns the preparation and filing of certain reports by insurance companies with the Insurance Department. The bill updates from December 31, 2003 to December 31, 2004, the risk-based capital instructions and formulas developed by the National Association of Insurance Commissioners (NAIC) that insurance companies must use in preparing their financial reports for the Department.
HB 2215 as amended would specify that all hazardous materials endorsement fees currently collected from commercial drivers' license applications be deposited in the newly created Hazmat Fee Fund. The Department of Revenue could use monies in the fund only to fund the collection of fingerprints and to research the criminal histories of applicants. The bill also would bring Kansas provisions into conformity with Transportation Security Administration renewal notification requirements. Specifically, states would be required to notify persons within 60 days (instead of 180 days) prior to the expiration date of commercial licenses or hazardous materials endorsements that they must pass a security screening process; and the notice would be required to advise persons that they must file renewal applications not later than 30 days (instead of 60 days) prior to expiration of the endorsements. The bill also would correct references in K.S.A. 8-259, to conform to changes made in 2003, to K.S.A. 8-2,142. These references pertain to persons who have been disqualified from driving a commercial vehicle. The other change would disqualify a person from driving a commercial motor vehicle for a period of not less than one year upon first occurrence if the person was convicted of causing a fatality. This change would conform to federal law.
HB 2330 would amend the Radiologic Technologists Practice Act, enacted in 2004, to delay the licensure requirements of the Act from July 1 to October 1, 2005. The bill also would make conforming amendments in statutory dates for other activities related to licensure of Radiologic Technologists. Finally, the bill would establish a number of certification requirements and titles for licensed radiologic technologists who have specialized training.
HB 2418 would amend the law regarding criminal release prior to trial to increase the cost of the bond supervision fee from the current $5 to $10 per week.
SB 9 would repeal language in KSA 71-202 concerning contracts between community colleges and out-of-state educational institutions. Currently, KSA 71-202: Prohibits contracts between community colleges and institutions outside of the states surrounding Kansas; Prohibits any contract other than those for healing arts, medical skills or techniques, or medical sciences; Requires approval of any contract by the Board of Regents and authorizes legislative changes to those contracts; and Requires the community colleges to provide statistical and financial reports to the Board of Regents. This bill would repeal these provisions.
SB 57 concerns the Kansas Consumer Protection Act and relates to the occasional sales of certain repossessed collateral. The bill provides that any bank, trust company, or lending institution which is subject to state or federal regulation regarding the disposition of repossessed collateral by such institution be excluded from the definition of “Supplier.” Under current law, the term “Supplier” includes the manufacturer, distributor, dealer, seller, lessor, assignor, or others who engage in or enforce consumer transactions, whether or not the entity deals directly with the consumer.
SB 101 relates to the employment of an officer or director of a bank or trust company who has been removed for cause. The bill provides that a State Banking Board has the authority to remove a former or current officer or director by taking the following prescribed actions: removal and prohibition of the former or current officer from further participation in any manner of conduct of the affairs of any state bank or trust company. The bill further provides that the prohibition order be published in the Kansas Register 30 days after the order becomes final.
SB 105 would amend a local sales tax statute to ratify the results of a November 2004, election in Miami County relative to extending an existing quarter percent sales tax earmarked for road construction and improvement for an additional five-year period. The law also would be amended to clarify that Miami County has authority to seek voter approval of additional five-year extensions.
