May 15, 2006

Sebelius: New law will protect vulnerable Kansans
New investigative unit formed in attorney general’s office

Three weeks after she signed an executive order forming the Kansas Interagency Council on Abuse, Neglect and Exploitation, Governor Kathleen Sebelius today signed a bill to further protect vulnerable Kansans.

Sebelius signed HB 2105, which creates the Abuse, Neglect and Exploitation of Persons Unit within the attorney general’s office. The unit will be tasked with investigating and prosecuting suspected cases of abuse against Kansans, particularly those with disabilities.

“We’ve seen some tragic cases where victims fell through the cracks. By creating a unit within the attorney general’s office dedicated to protecting vulnerable Kansans, we can go a long way toward preventing that from happening again,” said Sebelius.

“I want to commend the victims of the Kaufman House for their hard work in making sure this needed action was taken,” she continued.

The law signed by Sebelius gives the new unit access to all records of reports, investigation documents, and written reports of findings received or generated by the Department of Social and Rehabilitation Services, the Department on Aging, or the Department of Health and Environment, which are related to confirmed cases of abuse, neglect, or exploitation of persons or cases in which there is reasonable suspicion to believe abuse, neglect, or exploitation of persons has occurred.

The legislation also authorizes the attorney general to contract with other agencies or organizations to provide services related to the investigation or litigation of findings related to abuse, neglect or exploitation of persons.

Information obtained and investigations conducted by the unit would be confidential, except that information obtained pursuant to a case which is confirmed or in which there is a reasonable suspicion to believe that abuse, neglect, or exploitation has occurred could be shared with a contracted third party to carry out the provisions of the act.

The unit will be required to submit an annual report of its activities, investigations and findings for the preceding fiscal year. This bill will take effect after publication in the Kansas register.

In April, Governor Sebelius signed Executive Order 06-05, which tasks the Kansas Interagency Council on Abuse, Neglect and Exploitation with finding weaknesses in current safeguards for vulnerable Kansans and recommending steps to strengthen the state’s protection of these residents.

Governor Sebelius also signed four other bills into law today. During the 2006 Legislative session, the Governor has signed 181 bills and vetoed two bills.

Protecting Kansans from counterfeit pharmaceuticals
SB 51 makes trafficking in counterfeit drugs a crime. Trafficking counterfeit drugs with a value less than $500 would be a class A nonperson misdemeanor. Trafficking counterfeit drugs valued between $500 and $25,000 would be a severity level 9, nonperson felony, while trafficking counterfeit drugs with a value over $25,000 would be a severity level 7, nonperson felony. The bill also requires the State Board of Pharmacy to conduct a study on licensing wholesale prescription drug distributors and the use of pedigree for prescription drugs, as well as the penalty for violating pedigree requirements, with the report due to the Legislature by January 15, 2007. This bill will take effect after publication in the statute book.

Extending Governor’s Task Force on Racial Profiling to 2009
SB 486 extends the Governor’s Task Force on Racial Profiling to July 1, 2009 and requires the group to work with law enforcement agencies to review and make recommendations for statewide policies and procedures regarding racial profiling. It also provides for the term of office, duties and compensation for the task force members. This bill shall take effect after publication in the Kansas Register.

Raise hourly compensation for counsel of State Board of Indigents’ Defense
HB 2129 raises the rate of hourly compensation to $80 per hour, from the current rate of $50 per hour, for assigned counsel of the State Board of Indigents’ Defense. This bill will take effect after publication in the statute book.

Liability of property owners adjacent to recreational trail
HB 2432 provides that any person entering upon adjacent property to a recreational trail (rails-to-trails) without implied or expressed permission or consent of the adjacent property owner has no duty of care. The bill creates an exception to this lack of duty of care by not relieving an adjacent property owner from liability for injury to another that is a direct result of an intentional or unlawful act of the adjacent property owner. This bill will take effect after publication in the Kansas Register.

Governor Sebelius attached a signing message to HB 2432:
“I have signed House Bill 2432 because it will protect citizens whose land is adjacent to recreational trails from unexpected and undeserved liability to trespassers. I am concerned, however, that allowing these same nearby landowners to sue the keepers of recreational trails could result in needless, expensive litigation. Therefore, I intend to monitor this issue closely over the next year, and will propose revisions to this new law if it interferes with the upkeep of these trails.”