Sebelius signs bills to promote energy efficiency, reduce CO2 emissions
Governor signs 37 bills into law

Efforts to promote energy efficiency and reduce carbon dioxide emissions both moved forward as a result of bills signed by Governor Kathleen Sebelius late yesterday afternoon.

The first bill signed by Sebelius authorizes energy utilities to finance energy conservation improvements made by customers.

“Our responsibility as stewards compels us to find ways to reduce the dangerous emissions that cause global warming.  Energy efficiency is the most cost-effective way to do that, and I applaud our state’s utilities for being willing to work with customers to reduce consumption,” said Sebelius.

Substitute for HB 2278 authorizes electric and natural gas utilities to enter into agreements with customers for the financing of the purchase and installation of energy conservation measures.  Customers would pay for the financing and other costs of the improvements through their monthly utility bills, with that amount being approved by the Kansas Corporation Commission.

The second energy-related bill Sebelius signed promotes the underground sequestration of carbon dioxide emissions.

“Carbon sequestration is a new and emerging field that has the potential to trap CO2 emissions underground so they can’t get into the atmosphere.  While reducing energy consumption and using renewable sources are our main focus, we shouldn’t ignore the benefits that sequestration could provide,” said Sebelius.

HB 2419 provides incentives for the sequestration of carbon dioxide through underground storage, with the Kansas Corporation Commission being responsible for oversight of storage facilities.  Among other things, the bill provides incentives by allowing any carbon dioxide capture, sequestration and utilization property and any electric generation unit which captures and sequesters all carbon dioxide and other emissions to be exempt from all property taxes for a period of five taxable years following completion of construction or installation of the property.

This bill was one of 37 signed by Sebelius yesterday, bringing the total number of bills signed during the 2007 Legislative Session to 74, with one bill being vetoed.  The signed bills will go into effect after their publication in the statute book.

In-state tuition for Kansas National Guard members

HB 2425 will broaden the class of persons who qualify to pay in-state tuition at state educational institutions to include any person who is a member of the Kansas National Guard. Additionally, the definition of “military service” is expanded to include membership in the Kansas Army or Air National Guard.

Designation of the Kansas Firefighters Museum

HB 2270 designates the Kansas Firefighters Museum located in Wichita, Kansas, as the official state Kansas Firefighters Museum.

Transfer of gifts to a township

HB 2021 authorizes townships to transfer money, property or proceeds from the sale of property, which the township received as a contribution or gift, to either a nonprofit corporation, or a political or taxing subdivision located within the same county as the township. The transfer must be authorized by a resolution passed by the township board, which states that the money is not needed to meet the township’s obligations.

Authorizing criminal history checks for certain employees at the KCVA

Sub. for HB 2067 authorizes a criminal history records check for candidates and current employees with less than five years’ tenure at the Kansas Commission on Veterans Affairs (KCVA). From the effective date of this act, the criminal history records check will be limited to those candidates or employees who are deemed to be in a sensitive position by the Executive Director of the KCVA, or who interview claimants and provide information, advice and counseling to veterans, surviving spouses, and their dependents. The candidate or employee who will be subject to the criminal history records check will be entitled to written notice that the criminal history check is required and will be informed, in writing, if the information obtained in the criminal history records check disqualifies the candidate or current employee from employment. A conviction of dishonesty or violence is a conviction which may disqualify a candidate or employee. Employees of the Kansas Soldiers’ Home and the Kansas Veterans’ Home would be excluded from the criminal history records check.

Redefining “financial institution”

HB 2107 amends the current law definition for “financial institution” in the security deposit requirements for the Insurance Commissioner and designates custodial criteria for these institutions including capital standards, regulations, and legal qualifications.

Updating risk-based capital instructions

HB 2109 updates from December 31, 2005 to December 31, 2006, the risk-based capital instructions, including formulas, developed by the National Association of Insurance Commissioners that insurance companies must use in preparing their financial reports for the Insurance Department.

Structuring of credit union service organizations

HB 2114 amends a law that allows for investment in a credit union services organization (CUSO) to provide that in addition to capital stock corporations, which is allowed under existing law, credit union services organizations could be structured as limited liability companies and limited partnerships. Credit unions would be permitted to make loans to CUSOs, subject to rules and regulations of the state Credit Union Administrator.

Collection by labor group-funded pools

HB 2115 allows the labor group-funded pools to collect in the same manner as municipal group-funded pools. The premium tax is to be based upon the annual Kansas gross premium collected by the pool as applied to the collective premium relating to all Kansas members of the pool from the previous fiscal year. The tax is to be paid no later than 90 days after the end of each fiscal year.

Allowing the Health Policy Authority to regulate health care database

HB 2116 makes the Insurance Commissioner and the Executive Director of the Kansas Health Policy Authority the designated statutory authorities for the health care information database, rather than the commissioner and the Secretary of Health and Environment.

Allowing Leavenworth County to prosecute county code violations in district court

HB 2161 adds Leavenworth County to the list of existing counties that are allowed to prosecute violations of county codes and resolutions in district court.

Granting the Secretary of Corrections greater discretion

HB 2190 allows the Secretary of Corrections, or the secretary’s designee, to dismiss charges that a released inmate has violated the conditions of release and may order the released inmate to remain on parole, conditional release, or post-release supervision.

Cracking down on interstate felons who then commit crimes in Kansas

HB 2193 imposes a new sentence on an offender released on bond for a felony committed in another state and who then commits a Kansas felony.  This would treat such an offender the same as currently is imposed on an offender while on bond for felony charges in Kansas.

Cloud County Fair Board appointments

HB 2208 allows the Fair Board of Cloud County to be appointed by the board of county commissioners rather than elected at the annual meeting of the county extension council.

Changing rules regarding renewal of dental licenses

HB 2216 authorizes the Kansas Dental Board to designate the year in which licenses expire and to renew licenses for less than two years in order to create a staggered renewal system, allowing groups of both dentist and hygienist licensees to renew in the same year. Under current law, dental hygienists licensees renew in odd-numbered years and dentists renew in even numbered years.

Implementing procedures for approval of transmission charges

HB 2220 authorizes two procedures for approval of transmission-related charges by the Kansas Corporation Commission.  The bill also authorizes the approval of transmission charges resulting from “interim” federal transmission cost orders. Under the bill, transmission charges could be determined by the KCC in response to a general retail rate application or as part of a full rate case.

Inmates and program completion

HB 2230 provides that inmates serving indeterminate or off-grid sentences who enter into an agreement with the Secretary of Corrections regarding educational, vocational, mental health, or other programs, must complete that program. Failure to complete the program may impact the post-release date of the inmate.   Under current law, such a failure does not impact the post-release date of an inmate; however, the Parole Board can impose conditions related to completion of program elements or other conditions that must be followed during post-release supervision.

Removing requirement for payment of jury fees

HB 2232 removes the current requirement that the Department of Corrections reimburse counties for jury fees when a defendant is an inmate of a state correctional facility.

Allowing state employees to purchase Kansas Correctional Industries products

HB 2233 allows products and services from Kansas Correctional Industries to be purchased by state employees for their personal use. Current law allows for the sale of such products and services to any state agency, local agency, federal government, Kansas organizations or other states.

Technical changes in financial broker statutes

HB 2249 makes technical changes regarding real estate transaction brokers by substituting the term “statutory” for “fiduciary” and adding “and customers” to the term “clients.”

Protecting against wood destroying insects

HB 2268 adds provisions to the Kansas Consumer Protection Act dealing with inspections for wood destroying insects. Any person performing inspections in connection with a real estate transaction or a real estate loan must hold a valid certification pursuant to Kansas Pesticide Law, which authorizes the person to use or supervise the use of restricted use pesticides in the control of wood destroying insects.

Allowing the claiming of certain incentives by insurance companies

HB 2274 allows certain insurance companies to claim the Business and Job Development Credit and the High Performance Incentive Program Credit against premium tax. An insurance company will be allowed to claim such credits if the credit is earned but not used by a related corporation who is not required to pay the premium tax. The credits will be made available to the corporation through a reduction in costs charged by the insurance company or the transfer of funds to the related. Also the entity earning the credits must be engaged in a contract related to the administration of the federal Medicare program and invest in a qualified business facility to administer the federal Medicare program. The bill also defines “related corporation” as a corporation or partnership controlled by the insurance company with at least an 80 percent interest. The provisions of the Act would expire on July 1, 2012, however, any credit unused but earned as of the July 1, 2012 date would continue to be used until exhausted.

Exemption of certain license requirements

HB 2294 exempts those persons who have earned a certificate either under the provisions of law dealing with plumbing contractors and master and journeyman plumbers or those provisions dealing with contractors and master and journeymen who are heating, ventilation, and air conditioning mechanics from all licensure and training provisions of the Kansas Propane Safety and Licensing Act.

Reporting by the Kansas Electric Transmission Authority

HB 2306 authorizes the Kansas Electric Transmission Authority Act to conduct its day-to-day business without the necessity of providing notice or allowing for responses regarding the planning, financing, constructing, and owning of transmission facilities.

Allowing only one lien per vehicle

HB 2373 provides that on and after July 1, 2007, only one lien can be taken or accepted for vehicles with a gross vehicle weight rating of 26,000 pounds or less for an obligation to be secured on a certificate of title. The bill also exempts refinancing of a loan from the limitations imposed on liens as set forth in the bill.

Providing driving records to employers

HB 2374 allows the Director of Vehicles of the Kansas Department of Revenue to provide an employer with an employee’s motor vehicle driving record if the employee is required to drive in the course of his or her job. The records would be used by the employer to ensure driver behavior, performance, and safety.

Transfer of administration of the deferred compensation plan

HB 2385 transfers administration of the Kansas Public Employees Deferred Compensation Plan to the Kansas Public Employees Retirement System (KPERS) on January 1, 2008.

License expiration grace period for 21 year-olds

Sub. for HB 2042 permits licensees whose driver’s license expires on their twenty-first birthday, to have 45 days from the date of expiration of the license to renew their license. The licensee who renews the license would not be required to take a driving test pursuant to existing law.

Authorizing only judges to sign arrest warrants

SB 54 requires a judge to sign an arrest warrant and removes the authority for the district court clerk to sign the arrest warrant.

Technical corrections for funeral directors

SB 72 makes technical corrections to the existing statutes under which funeral directors are regulated and licensed by the Board of Mortuary Arts. The bill also expands and clarifies the definition of “funeral director,” and the grounds for disciplinary action against a licensee.

Defining a “healing arts school”

Sub. for SB 82 creates a definition of “healing arts school” and amends one of the definitions of persons who practice the healing arts.  The changes to the Healing Arts Act are designed to allow for the move of the Cleveland Chiropractic College from Kansas City, Missouri to Overland Park, Kansas.

The reading of court reports in Care of Children cases

SB 118 allows a presiding judge for Code for Care of Children case to read reports prepared pursuant to the court’s order for evaluation of development, or needs of the child. The court may order a report on the child’s psychological, emotional, medical, or educational needs; as well as the parent or custodian’s physical, psychological, or emotional needs. The reports would be required to be filed with the court and made available to counsel for any party or interested party prior to any scheduled hearing.

Clarifying tax paying entity

SB 121 specifies that for the purpose of paying the levies and taxes, a “reciprocal” and its “attorney-in-fact” be considered as the same entity. Under current law, an “attorney-in-fact” serves as the person (often a corporation managing the day-to-day operations of the reciprocal exchange) designated and authorized by subscribers in their subscriber agreements.

Authorizing easier delivery of stockholders documents

SB 162 allows stockholders to deliver their consent of an authorized corporate action by standard mail rather than return receipt.

Expanding definition of unprofessional conduct in the healing arts

SB 285 adds a new practice to those that constitute unprofessional conduct in the healing arts. The charging, billing, or otherwise soliciting payment from a patient for anatomic pathology services if such services are not personally rendered by the licensee or under the direct supervision of the licensee will be considered unprofessional conduct.

Ordering the creation of an emergency energy management plan

SB 326 requires the KCC to prepare an emergency management plan detailing energy allocation and curtailment of energy consumption for natural gas and electric energy.  Additionally, the bill removes requirements for the KCC to collect and compile data on energy resources, monitor energy resources supplies, cooperate in the implementation of any energy rationing program or prepare annual reports describing energy emergency management programs. The bill modifies current statutory language regarding the Governor’s potential declaration of an energy emergency by recognizing the law enacting the Kansas Response Plan, but continues to allow the Governor to declare that a state of disaster emergency exists when the supply of natural gas and electricity is inadequate. Finally, the bill modifies the requirement that the KCC adopt rules and regulations establishing allocation of natural gas and electric energy or their curtailment of consumption during an activation of the Kansas Response Plan.

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