8 April 2005
Governor Sebelius signs 12 bills, vetoes two
Today, Governor Kathleen Sebelius signed into law 12 bills and vetoed two bills. This brings the count on the number of bills Governor Sebelius has signed to 109 and the number of vetoes, three.
Change of classified employee positions at state universities to unclassified positions
SB 74 allows, but does not require, the state universities to convert any or all classified employee positions to unclassified positions. Universities authorized by the Board of Regents to change the status of classified employees are required to develop personnel administration systems and policies and procedures with the input of affected employees. Employees whose positions become unclassified pursuant to the bill keep all health, leave, and retirement benefits, and retain collective bargaining rights. In addition, the new personnel system must contain provisions for a disciplinary and grievance process with rights of appeal and due process procedures. Finally, before positions could be unclassified, the university is required to hold a vote of the affected classified employees and a majority of those employees voting must vote in favor of the proposal.
Providing tax credits to promote the capture of methane and other gas from landfills
SB 192 provides a property tax exemption retroactive to tax year 2002 for all personal property actually and regularly used predominantly to collect, refine, or treat landfill gas; all such property used to transport the gas from a landfill to a transmission pipeline; and the gas itself.
Issuing permits to nonprofit organizations for the taking of big game
SB 194 authorizes the Kansas Wildlife and Parks Commission to issue commission permits to take big game. The permits will be made available only to nonprofit organizations that actively promote wildlife conservation and the hunting and fishing heritage.
Altering rules for a doctor, osteopath, or chiropractor with a federally active license
SB 183 amends one of the statutes that make up the Kansas Healing Arts Act under which medical doctors, osteopathic doctors, and chiropractors are licensed and regulated. The amendments relate only to a type of license known as a federally active license. This license may be issued to a person who meets all the requirements for a license to practice the healing arts in Kansas, but who practices a branch of the healing arts solely as an employee of the U.S. government or on active duty with the U.S. government.
Authorizing the KCC to participate in transmission organizations
HB 2407 enacts a new statute authorizing the Kansas Corporation Commission’s representative to any regional transmission organization to participate fully in the decision making activities of that organization under certain circumstances.
Delaying the Court of Appeals expansion
HB 2478 delays by one year the expansion of the Court of Appeals, the effect being that the 13th judge would be added January 2007 and the 14th judge would be added January 2008.
Outlining use of dealer license plate for transport purposes
SB 252 authorizes a trailer manufacturer or dealer to use a dealer license plate to transport not more than four trailers. The manufacturer still has to comply with size, weight, and load of vehicles statutes.
Joining the Interstate Insurance Product Regulation Compact
SB 268 enacts new law to allow Kansas to join the Interstate Insurance Product Regulation Compact, a National Association of Insurance Commissioners (NAIC) initiative that has created a national system for the regulation of life and annuity products by states. Products regulated under the Compact would include life insurance, annuities, disability income, and long-term care insurance.
Changing procedures for the publishing of legal forms
SB 258 removes a number of legal forms from Volumes 4 and 4A of the Kansas Statutes Annotated, and provides instead for these forms to be published by the Kansas Judicial Council.
Protecting materialmen from lost payments
SB 112 amends the law dealing with the priority of materialman’s liens over other claims against the property under construction such as mortgages. The bill changes the date when materialman’s liens will attach when more than one such lien is involved to the date of the earliest unsatisfied lien. If the earliest unsatisfied lien is satisfied in full, then the priority date for all materialman's liens will be the date of the next earliest unsatisfied lien.
Unifying state laws related to sale, storage and transportation of fertilizers
HB 2341 adds a new section to the Kansas Fertilizer Law to provide for uniform state regulation of the sale and use of fertilizers in Kansas. This includes the provisions relating to the storage and the transportation of fertilizers. No local authority can enact or enforce any law, ordinance, rule, regulation, or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas Fertilizer Law. In addition, the bill makes uniform throughout the state the regulation of agricultural seed in the same manner as the bill would for fertilizer. This uniform application applies to, but is not limited to, the sale, use, planting, production, advertising, distribution, storage, transportation, formulation, packaging, labeling, certification or registration of agricultural seed.
Authorizing the Board of Regents to sell land
HB 2364 authorizes the Board of Regents to sell certain parcels of land on behalf of Kansas State University and the University of Kansas.
Veto Message for SB 123: Treasurer’s Office Funding
“Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto Senate Bill 123. Senate Bill 123 codifies into law funding the State Treasurer’s Office through “banking fees,” fees charged on warrants issued by other state agencies. This funding mechanism was first implemented in the FY 2004 budget as a response to my request for the State Treasurer’s Office to become a self-supporting agency. In my FY 2004 budget, I recommended a new plan to fund this office, one that would not place an unnecessary burden upon other state agencies. However, the State Treasurer rejected that plan. In the FY 2005 budget, and again in the FY 2006 budget the Legislature approved last week, “banking fees” fully fund the State Treasurer’s office.
“I believe the State Treasurer’s Office should operate with funding that is not simply shifted from other state agencies, but generated from fees on services the Treasurer’s Office delivers to the people of Kansas.
“The veto of this legislation in no way jeopardizes the funding of the Treasurer’s Office. Full funding of the State Treasurer’s office is provided under the FY 2006 budget. This measure, however, does allow the State Treasurer’s Office, the office of the Governor, and the legislature to further discuss how best to fund the Treasurer’s Office.”
Veto Message for SB 107: Unemployment Insurance Accounts
“Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto Senate Bill 107, which relates to charges to base period employer’s unemployment insurance accounts, when the former employee was a part-time employee.
“My administration has recently been notified by the United States Department of Labor that Senate Bill 107 would place the Kansas unemployment insurance program out of conformity with federal law. The Federal Unemployment Tax Act, (FUTA), and the State’s unemployment insurance act work conjunctively to allow Kansas employers substantial credits against the FUTA tax.
“If the state’s program is out of conformity, Kansas employers are in danger of losing these valuable tax credits. This could mean an additional $405.8 million in federal taxes and $42.9 million in state taxes for Kansas employers this year. Therefore, to protect Kansas employers, I must veto Senate Bill 107.
“I recommend that the issues outlined in Senate Bill 107 be brought before the Employment Security Advisory Council for review and recommendation to ensure that any future changes in this area of the state’s unemployment insurance act are in conformity with federal statutes.”
