13 May 2005
Governor Sebelius signs six bills into law
Governor Kathleen Sebelius today signed six bills into law. During the 2005 session, she signed 172 bills and vetoed four. Only those bills passed during veto session await her signature. Thus far, the Governor has signed 31 bills passed during the veto session.
Cracking down on human trafficking
SB 72 creates two new crimes: trafficking and aggravated trafficking. The new crimes relate to human slavery or involuntary servitude: the crime of trafficking, a severity level 2, person felony and aggravated trafficking, a severity level 1, person felony. The bill also amends the crime of giving a worthless check to make changes mirroring changes made to the theft statute in 2004.
Strengthening sex offender registration laws
HB 2314 makes changes to the Offender Registration Act, so that the ten-year required registration period does not apply while the person is incarcerated. The bill also requires the State Department of Education to make schools aware of the KBI website to help identify registered offenders in proximity to the school.
Creating uniform alcohol laws and allowing local control of Sunday sales
SB 298 amends the Kansas Liquor Control Act after November 15, 2005 making the Act uniformly applicable to all cities and counties after that date. It allows retail liquor stores in all cities unless an ordinance is adopted to prohibit such stores. The bill prohibits sales of alcoholic liquor and cereal malt beverage on Sundays unless a city ordinance or a resolution is adopted to allow such sales. A protest petition followed by an election could be held to reverse the city or county ordinance or resolution.
Authorizing oil and gas tax refunds after reevaluation of property taxes
HB 2480 amends KSA 2004 Supp. 79-331 to authorize oil and gas royalty interest owners to receive property tax refunds when the valuation is reduced after their taxes have been paid pursuant to the property tax payment under protest, tax equalization or tax grievance processes.
Altering appeals of judgments and supersedeas bonds
HB 2457 amends the law dealing with appeals of judgments and supersedeas bonds. (A supersedeas bond is forfeited to the opposing party regardless of bankruptcy or other proceedings against the judgment creditor.) The bill amends the code of civil procedure to update a statute regarding service of process by replacing “certified mail” with “return receipt delivery.” If a person appeals from any form of judgment based on any legal theory and seeks a stay of enforcement of the judgment during the period of appeal, the supersedeas bond will be set at the full amount of the judgment, unless the appellant can prove the full amount would cause undue hardship or a denial of the right of appeal.
Allowing monetary control of Health Care Stabilization Fund
HB 2512 allows for the Health Care Stabilization Fund Board of Governors to make expenditures from the fund for attorney fees and other professional services regardless of when the services were incurred. Additionally, the bill allows the agency to make expenditures for claims and benefit payments regardless of when the services were rendered and when the judgment or settlement was made. The bill authorizes the Pooled Money Investment Board to invest moneys on behalf of the Health Care Stabilization Fund in the highest level corporate bonds.
