6 April 2005
Governor Sebelius signs 12 bills into law
Today, Governor Kathleen Sebelius signed into law 12 bills, bringing this session’s total to 80.
Protecting Kansas wildlife
SB 59 allows the State of Kansas to enter into and participate in the Interstate Wildlife Violator Compact. Membership in the Compact would establish a process whereby wildlife violations committed by a nonresident from a compact member state would be handled as if the person were a resident of Kansas. In addition, entrance into the Compact would include reciprocal recognition of license privilege suspension by member states and would allow Kansas to deny issuance of a license or permit to a person whose privileges have been revoked by another Compact member state.
Promoting government accountability by enhancing audits
SB 19 amends the Legislative Post Audit Act by making any responses resulting from surveys conducted by the Legislative Division of Post Audit as part of the audit to be confidential. The bill also authorizes the Post Auditor to have access to all information and records in the custody of any person or state agency subject to the Legislative Post Audit Act.
Protecting trade secrets
SB 5 amends 12 separate laws which provide for confidentiality of trade secret information of businesses to clarify that trade secrets in each of these laws shall be defined as provided in the Uniform Trade Secrets Act (KSA 60-3320 et seq.).
Amending the Emerging Industry Investment Act
Sub. for HB 2003 amends the Emerging Industry Investment Act to change the definition of base year taxation. The definition is amended to comprise 95 percent of the 2003 state withholding taxes paid by the entities’ employees. Additional language allows for base year taxation to be adjusted in future years to account for the addition of new companies and those that may have been inadvertently omitted from the original determination. This also requires the Secretary of Revenue and the Bioscience Authority to jointly determine eligibility based on verifiable evidence, including whether the company falls under certain specific bioscience industry codes.
Modifying vehicle sales law
HB 2103 modifies an exemption in current law relating to vehicle scales used to weigh aggregate products. Specifically, the bill allows mechanical vehicle scales used solely to sell aggregate products to have a minimum tolerance of +/- 100 pounds. These scales could not be sold or moved to another location for use in commercial applications unless the scales comply with all applicable tolerances of Handbook 44, which is the national guide for specifications, tolerances, and other technical requirements for weighing and measuring devices. This exemption would be in effect until June 30, 2011.
Changing requirements for insurance policies on amusement rides
HB 2138 amends existing law to provide that the insurance policy for amusement rides be written by an insurance company doing business in Kansas, compared to current law that states the insurance company must be authorized to do business in Kansas.
Amending fence viewing laws
HB 2139 amends laws associated with the process of fence viewing, used to settle disputes between adjoining landowners over repair and maintenance of fences. The bill authorizes county commissioners to assign designees to be fence viewers in their stead; clarify that a majority vote of the board of county commissioners is necessary in order to carry out any action related to fence viewing (as opposed to current law, which authorizes two commissioners to act); and require a third commissioner or designee be selected as a fence viewer when, in the case of a fence located either on a boundary line between counties or partly in both counties, the two chairpersons of the boards of county commissioners cannot agree on the action to be taken.
Removing teacher licensure fee limitation
SB 42, as amended, removes the teacher licensure fee limitation and allows the State Board of Education to set the fee for all Kansas teachers and administrators.
Changing “all-terrain vehicle” definition
SB 60 amends the definition of “all-terrain vehicle” in two sections of transportation law. The definition of the term would mean any motorized non-highway vehicle 48 inches or less in width, having a dry weight of 1,000 pounds or less, traveling on three or more low-pressure tires, and having a seat designed to be straddled by the operator.
Allowing landlords to install water sub-meter
SB 63, as amended, allows landlords to install a separate meter (sub-meter) to monitor individual tenants’ water usage in order to charge the tenant his or her actual share of water used. The bill adds a new provision to the statutory definition of "public utility” and outlines how the tenant is charged for his or her actual share of water.
Changing a tax exemption on farm storage and drying equipment
SB 158, as amended, narrows an existing property tax exemption for certain farm storage and drying equipment to provide that the current exemption, which applies for any eight of the next 10 tax years following acquisition or construction, would not be renewable after that time period. The bill further provides a new property tax exemption effective for tax year 2005 for farm storage structures designed and predominantly used for hay storage. This new exemption similarly would be available for any eight of the next 10 tax years following construction or assembly and would sunset after this initial exemption period.
Changing requirements for signatory of Master Settlement Agreement
HB 2152 allows a signatory or a successor to a signatory of the Master Settlement Agreement regarding tobacco to be subject to the maximum appeal bond that any appellant in the litigation may be required to post, except that the appeal bond cannot exceed $25 million. These provisions will apply to cases pending or filed on or after July 1, 2005.
