Sebelius signs bill promoting seatbelt use, safer driving
Driving safety measures among 13 bills signed today

Kansas teens will be encouraged to buckle up – or pay the consequences – under a new law signed today by Governor Kathleen Sebelius.

The bill requires front seat passengers to wear their seat belt or face a $30 fine.  Beginning January 1, 2008, drivers and passengers between the ages of 14 and 18 not wearing their seat belt will face a $60 fine.

“There’s no question that wearing a seat belt could save your life, and we want drivers to get in the habit of buckling up every time they get in the car,” Sebelius said.

Other provisions of SB 8 include doubling the fine for speeding in a school zone on state highways and creating emergency medical services license plates.

Sebelius signed another bill designed to enhance public safety today.  SB 129 clarifies the time frame for the revocation of the driver’s license of a student expelled or suspended from school for committing a school safety violation.

“Driving is a privilege, and those individuals who would threaten the safety of their fellow students should know that it’s a privilege they will lose,” Sebelius said.

Under this bill, a school’s chief administrative officer must notify the appropriate law enforcement agency of the expulsion or suspension within 10 days. Following receipt of this notice, the law enforcement agency will notify the state Division of Motor Vehicles to suspend the violator’s license.

These bills were among 13 signed today, bringing the total number of bills signed by Governor Sebelius during the 2007 Legislative Session to 151, with three bills being vetoed.   Signed bills go into effect after their publication in the statute book, unless otherwise noted.

Creating the Criminal Anti-Fraud Division of the Kansas Insurance Department

Sub. for SB 208 creates the Criminal Anti-Fraud Division within the Kansas Insurance Department.  This division will be responsible for accepting information and complaints regarding insurance fraud, as well as investigating any possible violations of Kansas criminal statutes relating to insurance fraud. The division will be responsible for preparing criminal cases for prosecution by special assistant attorneys general. Additionally, the bill makes a technical correction to the engrossed version of HB 2108 dealing with unfair trade practices in the sale of insurance to U.S. military service members. The amendment clarifies that the Insurance Commissioner would have the authority to establish rules and regulations to protect U.S. military service members from dishonest and predatory life insurance sales practices.

Clarifying what denotes a Transportation Development District project

SB 34 clarifies that a streetscape project qualifies as a Transportation Development District project. This bill also clarifies that a building facade may be included in a Transportation Development District project when the facade is part of changes made to an existing building.

Recording identifiers of alleged criminal offenders

H. Sub for SB 103 requires palm print impressions to be taken when an alleged offender is arrested. This bill also provides that DNA profiles and records are expunged upon acquittals, dismissals, and the filing of petitions. Additionally, the bill authorizes an own recognizance cash bond when an appearance bond is set for $2,500 or less and when the most serious charge against a person is a misdemeanor, a severity level 8 nonperson felony or a drug severity level 4 felony.

Uncapping salaries for employees of the Attorney General or Insurance Department

SB 114 removes statutory employee salary restrictions for both the Office of the Attorney General and the Insurance Department.  Previously, no employee of the Office of the Attorney General could be paid more than the Attorney General, and no employee of the Insurance Department could be paid more than the Commissioner of Insurance, with the exception of two actuaries appointed by the commissioner. Because the salaries of the Attorney General and the Commissioner of Insurance are set by statutes not included in this bill, their salaries are not affected by the passage of this measure.

Amending the Veterans Claims Assistance Program

H. Sub. for SB 144 amends the Veterans Claims Assistance Program (VCAP) by adding additional eligibility criteria for the veterans service organizations to receive a service grant. The bill prohibits employees of the KCVA from acting as an agent with power of attorney for any claimant. Additionally, this bill requests the Legislative Post Audit Committee authorize a performance audit of the VCAP three years after the effective date of the Act to evaluate the program’s effectiveness.

Governor’s signing statement for SB 144:

“Last year I signed 2006 SB 396, which established the Veterans Claims Assistance Program.  The goal was to ensure every veteran is able to receive the assistance they deserve, while also improving the coordination of benefits counseling so as to maximize the use of taxpayer resources.

“While I believe the positives of SB 144 outweigh any potential negatives, I am concerned the changes to this program made by this bill may prevent some veterans from receiving prompt attention to their claims and equal access to services. With this concern in mind, I ask the Legislative Post Audit Committee to authorize the mandated audit of the program one year after implementation to ensure veterans’ receipt of benefits has not been impacted by their service organization membership.”

Allowing bird breeders to catch their escaped game birds 

SB 188 allows anyone having a game breeder permit issued by the Secretary of Wildlife and Parks to recapture any game bird that has escaped from confinement if the escaped bird is one the breeder is permitted to raise or sell. This bill also increases the minimum values of certain wildlife used in determining whether or not illegal commercial acts were committed and whether the illegal acts constitute felony crimes.

Regarding the issuance of hunting licenses

SB 192 limits the issuing of big game permits to local chapters of nonprofit organizations based in Kansas or operating in Kansas. Additionally, this bill permits the Wildlife and Parks Commission to issue youth hunt of a lifetime permits to take deer. These permits will be available only to nonprofit organizations based or operating in Kansas that actively promote hunting for youth with disabilities or experiencing life-threatening illnesses under 21 years.

In addition, this bill stipulates that one member of the Wildlife and Parks Commission be from each Fish and Wildlife Administration Region, as established by the Department of Wildlife and Parks.  Further, it permits a person who is 16 or more years of age to obtain a one-time deferral of completion of hunter education before hunting in Kansas. That deferral will be valid until the end of the current license year for which the deferral was issued. Individuals eligible for the deferral will be able to purchase an apprentice hunting license and are required to hunt only under the direct supervision of a licensed adult who is 18 or more years of age.

Enhancing protections for children in child care

SB 201 extends the items that may trigger a prohibition on working, residing or volunteering in a child care facility to include actions taken by another state or by the federal government.  It also adds conviction of conspiracy to commit a crime to the list preventing a person from working, residing or volunteering in a child care facility.

This bill changes the terminology used to refer to persons who have been convicted of child abuse or neglect, as well as authorizing the Secretary of Health and Environment to have access to criminal history information. Additionally, this bill exempts from the statutory prohibition any person whose child has been returned after the child was removed from the home.

This bill also will exempt persons whose child is not returned to the home because the child reaches the age of majority, but who satisfactorily completes a corrective action plan.  The bill authorizes the secretary to conduct national criminal history record checks on persons working, residing or volunteering in a child care facility, and stipulates that the secretary require fingerprinting and submit such prints to the KBI and the FBI.

Finally, the bill requires the Secretary of Health and Environment to notify any child care applicant, licensee or registrant by certified mail when the result of the national criminal history check indicates the subject of the review would be barred by Kansas law from working, living or residing in a child care facility. 

Creating natural resource development districts

SB 249 provides for the designation or dissolution of natural resource development districts.  Landowners may submit an application to their city or county for the creation, enlargement, reduction or dissolution of a natural resource development district.

Enacting the Kansas Long-Term Care Insurance Prompt Payment Act

SB 271 enacts the Kansas Long-Term Care Insurance Prompt Payment Act, requiring that within 30 days after receipt of any claim, any insurance company that issues a long-term care insurance policy must pay a clean claim for reimbursement or send a notice acknowledging the receipt and status of the claim. Any violation of this act by an insurance company with flagrant and conscious disregard, or with such frequency as to constitute a general business practice, would be considered a violation of the Unfair Trade Practices Act. This bill also amends the Kansas Health Care Prompt Payment Act to include dental claims.

Allowing counties to enforce county codes in district court

HB 2058 allows counties to enforce county codes and resolutions in a special code court docket in the district court. If any of the counties currently authorized to have code courts (Crawford, Douglas, Franklin, Jefferson, Johnson, Miami, Riley, Sedgwick, Shawnee, and Wyandotte counties) has not enacted a code court by July 1, 2007, any action to enact a code court would be subject to a protest petition election. Any remaining county in the State of Kansas will also be able to enact a code court, but such action would be subject to a protest petition election. This bill also eliminates counties’ authority to levy a tax of up to ½ mill to pay for the costs of code enforcement. Finally, the bill prohibits a city from annexing land owned by a county except by expressed permission of the board of county commissioners of the county.

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