April 17, 2006
Governor signs bills to protect Kansans, animals
Restrictions on wild animals, Scruffy’s Law, both among 11 bills signed today
Preventing tragic incidents involving wild animals is the goal of a new law signed by Governor Kathleen Sebelius today which puts new restrictions on the ownership and possession of certain animals.
“Wild animals are just that – wild. They need to be handled by trained professionals only,” said Sebelius. “If we can prevent even another Kansas family from suffering a terrible loss like the Hilderbrands have suffered, then this law will be a success.”
The bill, SB 578, regulates the possession and ownership of certain animals defined as dangerous regulated animals. It was introduced in response to the death of Haley R. Hilderbrand, 17, of Altamont, Kansas, who was killed by a tiger last year while posing with it for senior high school pictures.
The law signed by Sebelius regulates the live or slaughtered parts of lions, tigers, leopards, jaguars, cheetahs and mountain lions or any hybrid thereof, and non-native venomous snakes. It prohibits a dangerous regulated animal form coming into physical contact with any person other than the person possessing the animal, the registered designated handler or a veterinarian administering medical examination, treatment or care.
It also makes make it unlawful to possess, slaughter, sell, purchase or otherwise acquire a dangerous regulated animal except under the guidelines set forth in the bill.
The Governor also signed Scruffy’s Law today, which increases penalties for the intentional killing or injuring of an animal. The law, which was named after a dog that was tortured and killed in 1997, makes the intentional malicious killing, injuring, maiming, torturing, burning or mutilating of any animal a felony. Individuals convicted under Scruffy’s Law will be required to have a psychological evaluation and complete an anger management program.
SB 408 also specifies penalties for other acts of cruelty to animals, including harming a police dog, and illegal ownership of any animal, and regulates the issuing of licenses and permits to repeat offenders. The bill exempts certain animal husbandry acts and pest control from the cruelty to animals provisions.
Both bills will take effect after publication in the statute book.
Governor Sebelius also signed nine other bills into law today. One of them, SB 85, allows state educational institutions under the Board of Regents to retain interest earned on certain special revenue funds controlled by those institutions.
In addition, the bill creates the Kansas Foster Child Educational Assistance Act, granting free tuition to Kansas universities, colleges, or vo-tech school for any youth in Kansas SRS custody. Some restrictions apply and the student will still be responsible for applicable campus fees. SB 85 will take effect after publication in the statute book.
To date, the Governor has signed 131 bills and vetoed two bills. Descriptions of other bills signed today are below.
Expanding eligibility for the National Guard Educational Assistance Program
SB 305 rewards military service by expanding eligibility for the Kansas National Guard Educational Assistance Program. Current law requires recipients to be a Kansas resident who is a member of the Kansas National Guard with no more than 15 years of service. This bill eliminates the residency requirement, so that members of the Kansas National Guard who do not reside in Kansas are eligible, and increases the allowable years of service to 20. Individuals are not eligible if they have a baccalaureate or higher degree or are eligible for federal educational benefits. This bill will take effect after publication in the statute book.
Giving insured Kansans certain appeals rights regarding adverse health care decisions
SB 522 enacts new law to provide insured individuals with certain appeals rights for adverse health care decisions made through a utilization review process. The bill requires every health insurance plan for which utilization review is performed to include a description of the plan’s procedures for an insured to obtain internal review of an adverse decision. The bill will expedite the appeals process and protect Kansas consumers by clarifying or stating steps associated with the internal review process. This bill will take effect after publication in the statute book.
Changing sunset date to comply with federal guidelines regarding mental health parity
HB 2691 changes from December 31, 2005 to December 31, 2006, the sunset date contained in state law regarding parity between health and mental health benefits in all group health insurance policies except for small groups. In order to be in compliance with the federal Health Insurance Portability and Accountability Act, the state must change the sunset date annually as that date is changed at the federal level. This bill will take effect after publication in the statute book.
Establishing antifraud insurance plans and initiatives
SB 207 involves the reporting of fraudulent insurance acts, certain protections for the reporting of information, the creation of antifraud plans or other initiatives designed to detect fraud, and disclosure provisions for the plans. The bill requires each insurer to have antifraud initiatives reasonably calculated to detect fraudulent insurance acts and provides that these initiatives are to be confidential. The bill also provides that in the absence of fraud, bad faith or malice, no person or insurer would be subject to civil liability for libel, slander or any other relevant cause of action for the filing of reports or furnishing of information related to suspected fraudulent insurance acts. This bill will take effect after publication in the statute book.
Updating risk-based capital requirements, Kansas Insurance Guaranty Association Act
HB 2692 amends the preparation and filing of certain reports by insurance companies with the Insurance Department. The bill updates from December 31, 2004 to December 31, 2005, the risk-based capital instructions and formulas developed by the National Association of Insurance Commissioners that insurance companies must use in preparing their financial reports for the Department. The bill also makes technical amendments to the Kansas Insurance Guaranty Association Act, passed in 2005, and the law concerning group life insurance. This bill will take effect after publication in the statute book.
Allowing lienholders and mortgages to be shown on application for insurance
SB 442 amends current requirements for certain lienholders and mortgagees, providing that an applicant be allowed to identify the lienholder listed on motor vehicle certificates of title on application forms for collision or comprehensive coverage on personal motor vehicles and the mortgagee listed on a mortgage on applications for property insurance on real property. The bill amends several surety bond provisions in Kansas law to authorize bonds with sufficient surety by eliminating the requirements for multiple sureties. The bill also amends the coverage provision for HMOs to allow that the amount of time that an enrollee has health insurance under any group policy that provides similar benefits would count toward the requirement of three months of continuous coverage. This bill will reduce the occurrence of banks, credit unions and other lending institutions not having their name included on loss payee payments. This bill will take effect after publication in the statute book.
Increasing maximum amount for school district contract for goods and services
HB 2786 increases from $10,000 to $20,000 the maximum amount of a contract that school district boards of education may delegate to superintendents in executing contracts for the purchase of goods and services. The bill also reconciles four conflicting statutes, amended in the 2005 session. This bill will take effect after publication in the Kansas register.
Enacting new law for a risk adjustment method
SB 539 amends certain filing requirements for casualty insurance companies and enacts new law for a risk adjustment method. This bill will take effect after publication in the statute book.
