20 March 2006
Governor Sebelius protects Kansans from fraud
Law dealing with notaries public among ten signed today
To protect Kansans from falling victim to fraud, Governor Kathleen Sebelius has signed a bill into law requiring notaries public advertising in a language other than English to make it clear they are not licensed to practice law.
HB 2485 requires individuals identifying themselves as a “notario publico” or any other equivalent non-English term to include the phrase “I am not authorized to practice law and have no authority to give advice on immigration law or other legal matters” in the same language in all advertising if the individual is not licensed to practice law.
“We’ve seen situations where Kansans have fallen victim to fraud because of differences in the duties of notaries public in the United States as compared to other countries. This law makes it clear that a notary public who doesn’t have a law degree should not be consulted for legal questions,” said Sebelius.
Violation of the new law would result in the loss of notary certification for a lifetime, as well as a fine of up to $5,000 under the Kansas Consumer Protection Act. Additionally, the violation would be considered a class B misdemeanor, which is punishable by a jail sentence of up to six months and a fine of up to $1,000.
The bill takes effect upon publication in the statute book.
Sebelius also signed nine other bills into law today, the details of which appear below. These bills bring the number of bills signed during the 2006 Legislative Session to 22.
Abolition of the Aquaculture Advisory Council SB 325 abolishes the Aquaculture Advisory Council. The Council was established in 1992 but the fish industry has no interest in its continuation. The Department of Agriculture will continue to support the aquaculture industry in the state and assist the Department of Commerce in promoting and marketing aquaculture products from the State of Kansas. The bill takes effect upon publication in the statute book.
Small Claims Procedures Act HB 2704 raises the number of small claims that an individual can file in one year in the same court to 20 from the current level of 10. It will take effect after publication in the statute book.
Disposal of property owned by Board of Regents and state universities
HB 2574 would allow the Board of Regents and the state universities to dispose of property bequeathed to them without seeking authorizing legislation. This bill will take effect on publication in the statute book.
Amending existing trust practices HB 2607 amends the law regarding trusts to codify existing trust practices, reduce the need to resort to court proceedings and enhance the rights of trust beneficiaries to protect their beneficial interests. Provisions of the bill include: the power of withdrawal would exclude exercise by a trustee; qualified beneficiary would include not only current distributees but also a distributee of trust income or principal, if the trust is terminated on that date; provisions of trusts which could be merged or divided would not have to be identical if the interests of each beneficiary are substantially unchanged by the division or merger; and an exception to the prohibition on self dealing would be created for certain investments in mutual funds in which the trustee or its affiliates provides services in a capacity other than as a trustee. The bill will take effect after publication in the statute book.
Authorizing fees for certain publications to be deposited in Information Services Fee Fund SB 275 allows the Secretary of State to deposit proceeds generated from the sale and shipment of certain publications into the agency’s Information Services Fee Fund, rather than the State General Fund, to help offset costs of publication. This bill will take effect after publication in the statute book.
Extending deadline for filing notice of security interest SB 496 extends the amount of time a dealer or secured party has to file a notice of security interest in a motor vehicle with the Division of Vehicles from 20 to 30 days from the date of sale and delivery. It will conform Kansas law to the 2005 revision of the Federal Bankruptcy Code. This bill will take effect after publication in the statute book.
Amending law concerning drainage districts SB 392 amends a law to allow drainage district directors to be either tenants or owners of land in districts located in counties with a population of 10,000 or fewer persons. This bill will take effect after publication in the statute book.
Amend adoption law relating to home study assessments HB 2562 would amend adoption law by allowing a court waiver of an assessment of the advisability of the adoption. The waiver would require a petition by a relative of the child rather than only the child’s grandparents, which is the current law. It will take effect after publication in the statute book.
Best interests of child considered when terminating parental rights HB 2665 allows the court to consider and weigh the best interests of the child when addressing the termination of parental rights. The bill also allows for the consideration of the best interests of the child in stepparent adoptions involving a non-consenting parent. It will take effect after publication in the Kansas register.
