Sebelius acts to prevent driver’s license fraud
License law among six bills signed today; one bill vetoed

To make sure Kansas driver’s licenses remain a secure means of identification, Governor Kathleen Sebelius today signed a bill to prevent license fraud.

“Kansas driver’s licenses are the primary method of identification for many people, and we need to make sure they remain secure.  This means requiring applicants to submit proper documentation before getting a license, and training those who issue licenses on how to spot forgeries and detect attempts at fraud,” Sebelius said.

The bill, SB 9, requires employees of the Division of Motor Vehicles to be trained on document recognition and on federal rules used to determine lawful presence, with the bill prohibiting the division from issuing a driver’s license or an instructional permit to any person who fails to provide proof of lawful presence in the United States.

Additionally, the bill requires the applicant for a driver’s license or instructional permit to submit proof of age, proof of identity and a photo identity document, as required by the division. A non-photo identity document may be used if it includes the applicant’s full legal name, date of birth, address of principal residence and Social Security number.

Finally, among other things, the bill authorizes the division to disclose motor vehicle records to any federal, state or local agency to assist in carrying out the functions of that agency.

This bill was among six signed today, with one bill being vetoed. Signed bills go into effect after their publication in the statute book, unless otherwise noted.  Governor Sebelius has signed 165 bills during the 2007 Legislative Session and has vetoed four.

Providing benefits to KPERS retirees and making other changes to the retirement system

SB 362 modifies the retirement plan for current and future members of the Kansas Public Employees Retirement System (KPERS) and provides a one-time payment to certain retirees.  

Under the bill, a one-time dividend payment of $300 will be provided on October 1, 2007 to retired and disabled KPERS, KP&F and judicial members, who are members of the following groups:

• Retired members who retired prior to July 1, 1997, and who had at least 10 years of service credit;
• Joint annuitants or beneficiaries of retired members who had been retired 10 years and had at least 10 years of service credit; and
• Disabled members who received disability benefits prior to July 1, 1997.

For future KPERS members hired on or after July 1, 2009, the new retirement plan will include the following provisions:

• First-day membership and a five-year vesting period;
• 1.75 percent defined benefit multiplier;
• Final average salary based on five highest years and a compensation cap of 7.5 percent on pay increases in five highest years for determining benefits;
• A normal retirement at age 65 with five years of service or age 60 with 30 years of service, with early retirement being available at age 55 with 10 years of service with actuarially reduced benefits;
• Automatic, annual 2 percent cost-of-living adjustment at age 65;
• Employee contribution rate of 6 percent and an employer contribution rate at actuarial level though not less than employee rate;
• Future cost increases to be shared equally by employers and employees;
• Partial lump sum option of 10, 20 or 30 percent at retirement; and
• Joint survivor factors actuarially determined by the KPERS Board of Trustees.

Authorizing immediate restoration of a person’s maiden name after a divorce

SB 88 authorizes a court to restore the maiden or former name of a party in a divorce action effective at the time of granting the decree or after the decree of divorce becomes final. The bill will require the Judicial Council to develop a standardized form for use by a party seeking to restore a maiden or former name. The party seeking name restoration after a divorce becomes final will not have to pay a docket fee. In addition, the bill provides that, at the time of marriage, a person may designate a new legal name which would be recorded on the marriage license. The new legal name will be effective at the time of endorsement of the official who performed the marriage ceremony. A copy of a certified marriage license will serve as proof of identity for a Kansas driver’s license or non-driver’s identification card.

Authorizing license plates to benefit University of Kansas Cancer Center

SB 198 authorizes issuance of a new distinctive license plate for breast cancer research and outreach, effective January 1, 2008. Individuals seeking such plates will pay an annual royalty fee between $25 and $100 to obtain authorization from the University of Kansas Cancer Center for use of its logo. The royalty fees will support a statewide coordinator position for the Midwest Cancer Alliance to serve as a liaison between the cancer center and hospitals, physicians and clinics across the state.

Creating the Kansas Fairness in Public Construction Act

SB 333 creates the Kansas Fairness in Public Construction Contract Act, which requires all persons who enter into a contract for public construction to make all payments pursuant to the terms of the contract. However, certain provisions are void and unenforceable in a contract including a provision that waives, releases or extinguishes the right to resolve disputes through litigation in court, file a claim against a payment or substitute the same legal rights as the original party for losses or claims covered or paid by liability or workers compensation insurance. This bill also sets the retaining rate an owner, contractor or subcontractor may withhold at 10 percent. Finally, it amends the employment security law by deleting the liability of contractors for subcontractors’ unemployment contributions.

Additions to the list of professional service providers recognized by the KPCC

SB 368 adds licensed audiologists and licensed speech pathologists to the list of recognized professional service providers that may form a professional corporation under the Kansas Professional Corporation Code.

Veto message for SB 55, a bill exempting health care professionals from the Kansas Consumer Protection Act

There have been instances in the past 34 years where health care providers have caused harm to consumers through the use of deceptive practices and statements, and Kansans were able to use the Kansas Consumer Protection Act to seek redress.  This bill, however, would make the entire health care industry immune from liability for such practices.  I agree with Attorney General Paul Morrison’s statement that “No single industry can justify a special exemption from ‘deceptive’ and ‘unconscionable’ acts.”  One can only expect that other professions would be encouraged to seek their own exemptions should this bill become law.

Current law only allows a consumer protection claim to be made against a health care provider when there’s evidence that provider engaged in deceptive or unconscionable acts.  These claims have been brought in the past where deceptive practices occurred.  Ordinary medical malpractice claims do not involve deceptive practices and cannot not be brought under the Kansas Consumer Protection Act, even after the Kansas Supreme Court’s decision in Williamson v. Amrani, therefore it is hard to see how the court’s decision will result in any increase in litigation.

The vast majority of health care professionals uphold the highest standards and operate in a manner that is beyond reproach.  However, as with every industry, there are those who seek to commit deliberate deception.  Therefore, to protect Kansans from deceptive practices, pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto Senate Bill 55.

# # #