May 24, 2006

Sebelius toughens restrictions for Kansas sex offenders
Governor completes action on all bills passed by the Legislature

On the same day Governor Kathleen Sebelius signed Jessica’s Law, toughening prison sentences for offenders who prey on children, she also signed another bill that will help protect Kansans against sexual offenders.

The bill was signed on a day when Sebelius completed action on all of the bills sent to her desk by the Legislature during its regular and wrap-up sessions.

“Along with Jessica’s Law, which I was pleased to sign today, these new restrictions will help keep our kids safe. The new registration and reporting requirements will help law enforcement officers keep tabs on these offenders,” said Sebelius.

SB 506 prohibits the location of transitional release or conditional release facilities for sexually violent predators within 2,000 feet of facilities where children are located; such release facilities would be required to comply with local zoning, building code and subdivision regulations.

In addition, the Division of Vehicles of the Kansas Department of Revenue will issue “readily distinguishable” drivers’ licenses and identification cards to registered sex offenders on an annual basis. The offender will be required to report to the sheriff’s office during the month of his or her birthday for the purpose of updating information, including a photograph.

The bill also adds the following crimes where the victim is less than 14 years of age requiring lifetime registration for the offender: aggravated trafficking, rape, aggravated indecent liberties with a child, aggravated criminal sodomy, promoting prostitution, and sexual exploitation of a child.

The bill also contains Miki’s Law, which adds new registration requirements for persons who commit person felonies when a court makes a finding that a deadly weapon was used. It also requires a person convicted of a crime and required to register from another state who moves to Kansas to register according to that other state or Kansas, whichever registration length is longer.

SB 506 also prohibits cities and counties from adopting residential restrictions on sex offenders until June 30, 2008.

Finally, it establishes a Sex Offender Policy Board within the Kansas Criminal Justice Coordinating Council, charged with studying public notification issues related to sex offenders, restriction or residences, electronic monitoring and management of juvenile sex offenders, submitting a report the first day of the 2007 Legislative Session. The Board would be required to study and submit a second report on the first day of the 2008 Legislative Session regarding treatment and supervision standards for sex offenders, suitability of lifetime release supervision and safety and education and prevention strategies.

This bill will take effect after publication in the Kansas Register.

Governor Sebelius signed five other bills today and vetoed SB 142. During the 2006 Legislative session, the Governor has signed 214 bills and vetoed five bills, not including line item vetoes in the omnibus budget bill.

Preventing individuals ordered to receive treatment for mental illness or substance abuse from a carrying concealed weapon, and other changes to the Personal and Family Protection Act

HB 2118 clarifies the Personal and Family Protection Act by requiring a person who has been ordered to receive treatment for mental illness or for an alcohol or substance abuse problem to obtain a “certificate of restoration” from a court where treatment was ordered before being able to apply for a license to carry a concealed weapon following treatment.

The bill also allows the sheriff or chief law enforcement officer of any law enforcement agency in the county of residence of an applicant for licensure to submit a report to the Attorney General which establishes that the applicant poses a greater threat to law enforcement or the public at large. It also requires a license suspension of at least 30 days upon the first violation if a person is carrying a concealed weapon but is not carrying a valid license to carry the weapon or fails to display the license upon demand of a law enforcement officer and license revocation upon a subsequent violation.

The bill expands places where a concealed weapon may not be carried to include a school attendance center, an administrative office, a service center, or other elementary and secondary school facility.

Records relating to persons issued licenses to carry concealed weapons, except for those of individuals whose licenses have been suspended or revoked, are made confidential by the bill and could not be disclosed in any manner which would enable them to be identified.

Finally, HB 2118 clarifies the fee structure for obtaining a license and authorizes the Attorney General to adopt rules and regulations concerning standards for signs used to post property where carrying concealed weapons is restricted. This bill will take effect after publication in the statute book.

Governor’s signing message for HB 2118:

I support Kansans’ right to bear arms under the Second Amendment, and though I continue to have significant concerns about the new concealed carry law, it is the law of Kansas.  It is my responsibility to ensure that this law is enforced in a way that promotes the safety and security of all Kansans, and for that reason I have signed HB 2118.

I do not like several aspects of HB 2118. I believe it should have received an open committee hearing in the Legislature. I also believe the records of licenses issued under this law should be open, like those of any other license.

Nevertheless, I believe the new concealed carry law is better with this proposal than without it. This bill will help keep guns out of the hands of those with serious mental illness and problems with substance abuse and it will make the concealed carry law easier to administer. These changes will make Kansans safer.

My administration will continue to monitor this issue, and will remain open to improving this law in the years to come.

Greater protections for victims of domestic violence or sexual assault

HB 2928 allows persons attempting to escape from actual or threatened domestic violence, sexual assault, trafficking, or stalking to obtain a confidential address designated by the Secretary of State’s office to be used as a substitute mailing address. The bill also prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence or a victim of sexual assault for taking time off from work to obtain or attempt to retain any relief, including seeking a restraining order or other injunctive relief, seeking medical attention for injuries caused by domestic violence or sexual assault, obtaining services from a domestic violence shelter, program or rape crisis center, or to settle matters, including but not limited to court appearances. To the extent allowed by law, the employer shall maintain the confidentiality of an employee requesting leave, as well as the confidentiality of any supporting documentation provided by the employee to the employer. This bill will take effect on January 1, 2007 after publication in the statute book.

Regarding court fees and costs

SB 180 provides that fees established by legislative enactment shall be the only fees collected or moneys in the nature of a fee collected for court procedures. Court procedures include docket fees, filing fees or other fees related to access to court procedures. This bill will take effect after publication in the statute book.

Clarifying crimes of aggravated battery, arson, and endangering a child

SB 431 amends the crimes of endangering of a child, aggravated arson, and promoting obscenity, driving when driving privileges have been canceled or revoked, and battery against a law enforcement officer. The bill also creates the new crime of battery of a mental health employee by a person in custody of SRS at the Larned State Hospital or in the sex predator program at Larned and makes this crime a level 7 person felony. The bill provides a warrantless search by a law enforcement officer, when other requirements are met, to discover the fruits or evidence of “a” crime. The bill clarifies that an officer must have reasonable “suspicion” rather than “grounds” to believe a person has been operating a motor vehicle under the influence of alcohol or drugs before requiring a person to submit a preliminary breath screening test. This bill will take effect after publication in the statute book.

Omnibus budget bill

Governor Sebelius signed HB 2968, the Omnibus budget bill, with four line item vetoes. Her message appears below.

Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I hereby return Senate Substitute for House Bill No. 2968 with my signature approving the bill, except for the items enumerated below.

Business Health Partnership

Section 35(d) has been line item vetoed in its entirety.

I veto removal of the $500,000 from the State General Fund for FY 2007 for the Business Health Partnership that was approved by the 2006 Legislature in SB 480, the MEGA bill. This pilot program was originally requested by the Business Health Policy Committee, which was created by the Legislature with the intention of providing small businesses access to health coverage at an affordable rate. The Committee includes business leaders and legislators. The Health Policy Authority has already presented a request for proposals and undertaken a considerable amount of other preparation work to implement this program. Leaving this $500,000 appropriation in the budget allows the Business Health Partnership to go forward.

Playa Lakes Groundwater

Section 63(f) has been line item vetoed in its entirety.

I veto this portion of the bill, which would not allow any state funds to be used to pump or transport water to playa lakes or other wetlands in the region of the high plains aquifer belonging to the Department of Wildlife and Parks. The playa lakes and wetlands affected by this proviso are important components of the national flyway for both shore birds and waterfowl. In addition, they are important open public hunting facilities. The water rights that have been granted for the purpose of maintaining these resources are appropriately dealt with in the Water Appropriations Act and should not be limited or changed through a proviso in an appropriations bill.

Section 63(g) has been line item vetoed in its entirety.

This item would require the Department of Wildlife and Parks to retain 25 vehicles in the agency fleet. Over the last three years, all agencies have been examining their vehicle fleets in an attempt to reduce them to the most efficient level possible. Requiring an agency to retain vehicles that they may not need does not promote efficient management.

Tiered Floor of House Chamber

Section 70 has been line item vetoed in its entirety.

I veto Section 70, which prohibits the use of any expenditures to level permanently the tiered floor in the Kansas House chamber. This section would alter the plan for Statehouse renovation agreed to by the Capitol Restoration Committee and would create problems in meeting ADA requirements. A level floor allows full seating for the House members and maximum access for people with disabilities.

Governor’s veto message for SB 142:

We have a rich tradition in Kansas of working to increase citizen participation in our democracy.  This bill claims to advance that tradition, but sadly, it does not.

There are elements in this bill I believe should be law, such as the increased reporting requirements during the period before an election.  To demonstrate my commitment to openness, I pledge to follow this proposal by self-reporting contributions over $350 during the so-called “blackout period” at the end of the election.  I urge other candidates to do the same.

I would eagerly sign real campaign finance reform that increases reporting requirements for candidates, parties and third-party groups.  But this bill includes too many other objectionable elements, and it completely ignores the impact of shadowy third-party groups on our democracy. 

I wholeheartedly embrace efforts to prevent voter fraud, which is why I’m glad to hear from county election officials that there is no conclusive evidence suggesting there is voter fraud taking place with advance ballots. 

Voting has become easier and more convenient in our state as a result of initiatives like advance voting, but this bill would move us in the wrong direction.  At a time when many communities are reducing the number of polling places and encouraging Kansans to advance vote, this bill would make it harder to cast a ballot.  Sedgwick County, for example, plans to cut the number of polling places in the county from 208 to 62, increasing the barriers for elderly, disabled, and low-income voters, and making advance voting even more important. Adding forms and affidavits to read and sign will confuse voters and very likely cause many to not vote.

In addition to wanting to make it easier to vote, most Kansans would also agree we don’t need more money in politics.  That’s why raising the contribution limits for candidates running for the Legislature, as proposed here by legislators, is a bad idea.

If the Legislature sends me real campaign finance reform, I will sign it.  This bill is not real reform.

Therefore, pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto SB 142.