15 April 2005
Governor signs 17 bills, vetoes one
Governor Kathleen Sebelius has signed 17 bills into law and vetoed one. During the 2005 session, she has signed 152 bills and vetoed four. Descriptions of the bills are listed below by bill number.
Signed Bills
Changes to water-related statutes
HB 2018 makes several changes to water-related statutes, including establishing an alternative procedure for the consolidation of rural water districts and revising rules regarding multi-year water flex accounts. The Rural Water District Consolidation Alternative is a new procedure for the acquisition of rural water districts’ water supply, distribution systems, and land area by other rural water districts. This bill also revises the Multi-Year Water Flex Accounts by expanding the number of years used to determine the “base average usage” and potentially reducing the amount of water that must be deposited in the flex account.
Regulations for contractors’ licenses
HB 2058 requires the governing bodies of counties and cities to adopt rules and regulations requiring all persons receiving plumbers’ and mechanical heating, ventilation, and air conditioning contractors' licenses annually to obtain continuing education. The bill specifies the training consist of not less than 12 hours biennially and be approved by the local governing body. The bill also establishes a two-year minimum amount of field experience before a person can take the journeyman's examination; an additional minimum of two years of field experience would be required before a person can take the examination for a master certificate.
Changes to regulations governing payday loans
HB 2172 amends the Kansas Mortgage Business Act to assign additional powers to the Bank Commissioner. The bill also amends several sections of the Uniform Consumer Credit Code (UCCC). The bill amends the finance charges for payday loans under the UCCC, KSA 16a-2-404. The finance charge for cash advances equal to or less than $500 would be an amount not to exceed 15 percent of the amount of the cash advance. In addition, the bill enacts new law concerning military borrowers, with lender provisions to not garnish any wages or salary for service in the armed forces; defer all collection activity against a borrower who is deployed to combat or combat support posting for the duration of such posting; and not contact any person in the military chain of command of a borrower in an attempt to make collection.
Clarifications to health insurance policies
HB 2203 amends KSA 40-19c06 by adding language that permits nonprofit medical and hospital service corporations to cancel health insurance policies without offering continuation coverage if the policy is terminated for cause as permitted by the group policy or the certificate of coverage issued by the Commissioner of Insurance. The bill changes the schedule of tax credits and adds health savings accounts to the employer contributions that qualify for a tax credit. The provisions apply to small employers who have not contributed to a covered employee’s health insurance premium or health savings account in the previous two years.
Enabling enforcement of protection orders issued in other states
HB 2268 enacts the Uniform Interstate Enforcement of Protection Orders Act. The bill provides for the enforcement of a protection order and relief issued in Kansas, as well as a protection order from another state, i.e., a foreign order. Any person may register a foreign protection order in this state by presenting a certified copy of the order to the sheriff in the county where the protection order will be enforced. The sheriff is required to contact the issuing jurisdiction to verify the order and request that the jurisdiction enter the order into the National Criminal Information Center and other appropriate databases.
Creation of the Stan Clark Pregnancy Maintenance Initiative Program
HB 2301 establishes the Senator Stan Clark Pregnancy Maintenance Initiative Program at the Kansas Department of Health and Environment. The bill appropriates $300,000 from the State General Fund to support the program. The Secretary is required, subject to appropriation, to establish a program to award grants to not-for-profit organizations to provide services for women which enable them to carry their pregnancies to term. Grants are to be awarded annually on a competitive basis and will require a $1 for $1 match from the not-for-profits receiving the grants. The bill requires the Secretary to develop a standard reporting form and specifies the information that must be collected. Information collected must include the number of women receiving services, the percentage of funding used for prenatal or post-birth services, and the number of women choosing adoption.
Self audits of insurance companies
HB 2357 enacts new law relating to self audits conducted by insurance companies. The bill makes an insurance compliance self-evaluative audit document privileged information and, therefore, not subject to discovery or admissible as evidence in any civil, criminal, or administrative proceeding. It also clarifies in which situations the privileges are not applied.
Enacting the Child Rape Protection Act
HB 2380 enacts the Child Rape Protection Act and changes certain duties of the Kansas Attorney General. The bill requires any physician who performs an abortion on a minor who was less than 14 years of age at the time of the abortion to preserve fetal tissue extracted during the abortion. The physician shall submit the tissue to the Kansas Bureau of Investigation (KBI) or to a laboratory designated by the Director of the KBI.
Change of procedure in a death of an inmate
HB 2387 changes the current procedure regarding the death of an inmate or prisoner when the death is determined to be natural by a qualified autopsy, preliminary autopsy report or death certificate or the inmate or juvenile was regularly attended by a licensed physician. An investigation of the circumstances of such a death by the Kansas Bureau of Investigation (KBI) is not required.
Creation of public improvement districts
HB 2406 authorizes the creation of public improvement districts by the governing bodies of any three or more counties not located in metropolitan statistical areas as defined by the U.S. Department of Commerce. The districts, which would be formed pursuant to interlocal agreements, would have authority to impose sales and property taxes to finance the costs of public infrastructure improvements. The maximum sales tax that could be imposed would be 0.5 percent. Additional authority would be provided for the districts to issue general obligation bonds for the acquisition of land and improvements and the construction, repair, or remodeling of improvements.
Self-administration of medication for students
SB 10 modifies current law concerning the self-administration of medication by elementary and secondary students. Among other provisions, it requires each school district to adopt a policy authorizing self administration of medication for students in kindergarten and grades 1 through 5 in addition to the currently authorized grades 6 through 12.
Immunity from civil lawsuits based on obesity, weight gain claims
SB 75 provides immunity from civil lawsuits for manufacturers, producers, sellers, marketers, or advertisers of food based on claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally know condition allegedly caused by the long-term consumption of food. No immunity is provided when a claim is based on adulteration or misbranding or any material violation of the federal Food, Drug, and Cosmetic Act or state law if the violation is knowing and willful and the injury was proximately caused by the violation.
Inspection reports of adult care homes
SB 100 amends existing law, KSA 39-935, related to inspection reports of adult care homes. It allows facilities to establish a risk management program that consists of a system for investigation and analysis of the frequency and causes of reportable incidents within the facility; measures to minimize the occurrence of reportable incidents and the resulting injuries within the facility; and a reporting system based upon the duty of all health care providers staffing the facility and all agents and employees of the facility directly involved in the delivery of health care services to report reportable incidents to the chief of the medical staff, chief administrative officer, or risk manager of the facility. The bill also provides that nothing relating to the establishment and maintenance of a risk management program shall be construed to limit or impair a person’s or entity’s discovery of or access to any such report, record, inspection, or survey under state or federal law; limit or impair the authority of the Kansas Department on Aging to investigate complaints or reportable incidents under state or federal law; or diminish or expand the Department’s discovery of or access to Quality Assessment and Assurance Committee records under state or federal law.
Amendments to the Employment Security Law
SB 108 amends four conditions in the Employment Security Law to conform to the Federal Unemployment Tax Act, allowing the State to receive Federal Unemployment Tax Act funding.
Expansion of “employee” definition in Kansas Tort Claims Act
SB 161 amends the Kansas Tort Claims Act to expand the definition of employee to the extent that employee includes private not-for-profit corporations or charitable or social service organizations, for claims arising from the performance of community service work when the court has assigned persons to perform community service work for a governmental entity.
Definition of service contracts
SB 178 enacts new law to define service contracts. A service contract is defined as a contract or agreement for a separate or additional consideration, for any specified duration, to service, repair, replace or maintain all or any part of any structural component, appliance or utility system of any residential property, consumer good or other property; or to indemnify for service, repair, replacement or maintenance for consumer good or other property, due to a defect in materials, workmanship, normal wear and tear; or as a result of power surges or as a result of accidental damage from the handling or property damaged by power surges, with or without additional provision for indemnity payments when service repair or replacement is not reasonably commercially or economically feasible. A service contract also includes any nonconsumer commercial service contract.
Amendments to, and standardization of, firearm statutes
SB 195 amends statutes dealing with seizure and disposal of firearms, training in a course of fire for active and qualified retired law enforcement officers in order to carry a firearm, and restrictions of city and county ordinances involving firearms.
Governor’s Signing Message for SB 195:
“Today, I am signing Senate Bill 195 because it simplifies the gun laws in Kansas. Currently hunters and other law-abiding gun owners traveling across Kansas may unknowingly violate gun ordinances by simply driving through another town. Senate Bill 195 solves that problem by requiring many gun laws to be statewide in scope. Cities and counties will still retain the power to adopt zoning measures related to firearms and to regulate the carrying of firearms.
“In addition, Senate Bill 195 permits law enforcement agencies to sell or trade seized firearms; retired law enforcement officers to be trained to carry weapons according to federal law; and local sheriffs to execute warrants to seize guns from delinquent taxpayers. All of these are positive steps.
“I remain concerned about gun safety. I believe Senate Bill 195 will have a positive effect on hunters and other law-abiding Kansans. This result outweighs the concerns expressed about eliminating local gun ordinances, which are not uniform. I call on the Legislature to work with law enforcement officials to explore reasonable statewide standards for firearm transportation, storage, and possession.”
Vetoed Bills
Governor’s Veto Message for HB 2503: Standards in abortion clinics
“Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto HB 2503.
“As governor, nothing is more important to me than the safety and good health of our citizens. Kansans must be assured when they receive care in a hospital or clinic that their providers meet high standards of safety and responsibility. But these standards should be written and enforced by doctors, not politicians.
“I will continue to work closely with the Kansas Medical Society and the Board of Healing Arts in developing standards that will protect the well being of every Kansan who chooses the services of any surgical clinic, including those that would be covered in this bill. I am confident that strong standards, offering real protection across all procedures, will be adopted by the Board in the near future.
“Once again in 2005, the Legislature has chosen pure politics over good policy, has rejected uniform standards for all procedures, and has instead chosen to regulate only one procedure – abortion. As the number of outpatient surgeries grow rapidly in Kansas and throughout the country, it is wise to update our regulatory oversight to ensure the best possible treatment for all patients. Unfortunately, HB 2503 falls far short of meeting this basic standard of care. I have stated repeatedly that I will sign this law when it includes all surgical procedures and all surgical centers to ensure the safety of all Kansans.
“For these reasons, I veto HB 2503. I strongly urge the Legislature, upon its return, to endorse the appropriate clinic standards that the Board of Healing Arts is currently putting into place. We should encourage physicians and other health care professionals to work through the Board of Healing Arts for the speedy development of standards that apply to all surgical clinics and protect the health of every patient. There is no justifiable reason to do less.”
