7 April 2005
Governor Signs 11 Bills into Law
Today, Governor Kathleen Sebelius signed 11 bills, bringing the total bills signed this session to 94.
Making the homestead property tax refund program more taxpayer friendly
SB 133 streamlines the homestead property tax refund program. The bill eliminates the requirement that the person claiming the exemption appear physically in the county treasurer’s office. It also allows taxpayers to receive the refund directly from the Kansas Department of Revenue and allows for electronic record keeping and record transfers.
Protecting consumers against utility liens
HB 2279 enacts new statutes preventing attachment of a lien to real property for unpaid charges for solid waste collection and disposal when those services have been contracted for by a tenant. It also prevents local units of government that provide sewage disposal services or solid waste collection and disposal services from refusing to contract with a tenant for provision of those services.
Easing red tape for charities
SB 121 requires charitable organizations to file additional registration information with the Secretary of State’s Office if those organizations want to solicit funds in Kansas. Under the bill, organizations that receive contributions in excess of $500,000 shall be required to file a copy of the federal income tax return and an audited financial statement for the organization’s most recently completed fiscal year. Current law requires organizations file audited statements if they receive contributions in excess of $100,000.
Simplifying tax identification
HB 2288 will amend KSA 2004 Supp. 79-3651 to replace a requirement that sales tax exemption certificates contain the driver's license numbers of the persons signing the certificates with language instead requiring that the tax identification number of the entities claiming the exemptions be provided.
Allowing emergency prescription refills
HB 2155 amends existing law to allow pharmacists to refill certain prescriptions on an emergency basis without the prescriber's authorization. The new authorization applies only to prescriptions for drugs that are not listed on Schedule II of the Uniform Controlled Substances Act or are not a narcotic drug listed on any schedule of the Uniform Controlled Substances Act. Under the bill, unless the prescriber prohibits an emergency refill of a prescription, a pharmacist could refill a prescription order issued on or after the effective date of the act, without prior authorization, when all reasonable efforts to contact the prescriber have failed and when, in the pharmacist's professional judgement, continuation of the medication is necessary for the patient’s health, safety, and welfare. Under those circumstances, the prescription could be refilled only in an amount sufficient to last until the prescriber can be contacted. Any such refill could be only for one package of the drug. The bill requires the pharmacist refilling a prescription order to contact the prescriber on the next business day subsequent to the refill or as soon thereafter as possible. The bill will not require a pharmacist to refill a prescription order on an emergency basis. Further, the bill relieves a prescriber from liability for any damages resulting from the refilling of a prescription order unless such damages were the result of gross negligence or willful or wanton acts or omissions by the prescriber.
Licensure examination for optometrists
HB 2336 amends existing law regarding the licensure of optometrists. Specifically, the bill requires applicants for an initial optometry license or license renewal for the two-year period commencing June 1, 2008 to meet the requirements of and become a therapeutic licensee. The bill also requires that applicants for a new or renewal license for the biennial period commencing June 1, 2010 meet the requirements for and become both a therapeutic and a glaucoma licensee. KSA 65-1501a is amended to include in the definition of oral drugs, other oral drugs with clinically accepted ocular uses. KSA 74-1505 will be amended to allow the interprofessional advisory committee to review new classes of drugs with ocular uses and to advise the State Board of Examiners in Optometry about such drugs.
Kansas Film Services Commission Appointments
HB 2232, as amended, will require the Governor to appoint one member to the Kansas Film Services Commission from each congressional district. The Governor has 15 appointments to the 19-member Commission. In addition, the bill will change the responsibility to assist from the Division of Travel and Tourism to the Division of Business Development. Under current law, the Governor is required to appoint one member from each region that the Secretary of Commerce designates as a tourism region.
Creates standard road terminology
SB 124 institutes technical amendments to 12 statutes concerning roads and bridges. SB 124 updates definitions of county and township roads with current terminology recognized by the Federal Highway Administration and by the Kansas Department of Transportation. It also repeals KSA 2004 Supp. 68-1702. This also indexes annually the upper income threshold (currently $26,300) based on the inflation rate, beginning with tax year 2005.
Updating bidding requirements on county road projects
SB 94 updates county road bidding procedures on projects costing more than $10,000 by eliminating the requirement that an estimate be filed with the county clerk’s office prior to the bidding on a road project. It requires qualified bidders be given an equal opportunity to bid on the plans and specifications on file. Counties are permitted to award a contract so long as the bid does not exceed 110 percent of the county engineer’s estimate. Other details are also outlined in this bill.
Clarifying Insurance Guaranty claims
HB 2326 amends existing law on the Kansas Insurance Guaranty Association to clarify covered claims and the extent claims are payable. It sets a bar date for filing claims and clarifies the provisions for the exhaustion and offsets requirements for claims; and to reclassify priority for claims filed.
Technical clean-up on insurance law
SB 175 amends existing law by making technical changes to securities held by insurance companies. Insurance companies holding securities will be subject to provisions of the section of law, rather than to the provisions of subsection (a).
