Governor signs budget bill, urges KU Pharmacy expansion

Governor Kathleen Sebelius has signed the Mega Budget Bill, line-item vetoing a provision that would unnecessarily tie up future gaming revenues.

The Governor also signed 15 other bills today and vetoed one. This brings the total number of bills signed in the 2008 Legislative Session to 111, with three having been vetoed.

Message from the Governor on SB 534, Mega Budget Bill

Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I hereby return Senate Bill 534 with my signature approving the bill, except for the items enumerated below.

Expanded Lottery Act Revenues Fund

Sections 85(t), 85(u), 85(v), and 85(w) have been line-item vetoed in their entirety.

This portion of the bill unnecessarily creates three new funds to receive monies from the Expanded Lottery Act Revenues Fund.  Current law already defines how new receipts from gaming activity will be administered and how they can be spent.  Creating additional funds and further stipulations would limit the flexibility of future Legislatures to target gaming receipts toward the most important and pressing needs of the state.  For this reason, I find it necessary to veto this portion of the bill.

Because the KU School of Pharmacy was partially funded from one of these new funds, the method of funding the School must now be reconsidered. I fully support the expansion of the KU School of Pharmacy, which is why my original budget provided for its planning and construction with receipts to the Expanded Lottery Act Revenues Fund. Expanding our health infrastructure is a critical priority for Kansas.

I strongly urge the legislature to move forward on expanding the KU School of Pharmacy by adopting my proposal to pay for it with the expansion bonds from gaming revenue.

Bariatric Surgery for the Morbidly Obese State and the State Employee Health Benefit Program

HB 2672 requires the KHPA to conduct a study on the topic of bariatric surgery for the morbidly obese and other insurance issues. This bill also requires the KHPA, in collaboration with the Insurance Commissioner, to conduct a study on the impact of extending coverage for bariatric surgery in the State Employee Health Benefit Program and other related issues.

Amending statutes that govern Kansas Board of Cosmetology

HB 2721 changes the definition of cosmetology to limit cosmetology practices to those that are done for esthetic rather than medical purposes and to limit cosmetology practices relating to hair removal to temporary hair removal by the use of hands or mechanical or electrical appliances, other than electric needles. The same changes are made in the definition of esthetician.

Kansas Age Discrimination in Employment Act

HB 2771 raises the age protection from the current 18 years of age to 40 years of age. The bill also adds a new provision stating that nothing in the Act could be construed to be inconsistent with the non-discrimination provisions under another provision of state or federal law.

Crude Oil Storage

HB 2892 requires the Secretary of KDHE to adopt rules and regulations governing underground crude oil storage not later than January 1, 2009.

Renaming the State Board of Tax Appeals as the State Court of Tax Appeals

Senate Sub for HB 2018 renames the State Board of Tax Appeals (BOTA) the State Court of Tax Appeals (COTA) and makes a number of changes relative to the composition and duties of that entity, which is an administrative law court within the executive branch of government.

Educational Awareness of Infectious Diseases and Vaccines

Senate Sub for HB 2097 creates new law relating to educational awareness of infectious disease vaccines. Boards of education of local school districts that provide information on immunizations, infections, diseases, medications or other school health issues to parents and guardians of students in grades six through 12 also are now required to provide information about each infectious disease and the vaccines for that disease. This bill also requires the KDHE to increase influenza immunization awareness and participation among parents of children age six months to five years who are enrolled in child care facilities.

Emergency Powers of Local Government

HB 2280 prohibits officials, during a declared state of emergency, from forcibly dispossessing an owner of any firearm not otherwise prohibited by law, or from requiring registration of firearms not required to be registered under state law.

Veterans Preference & Power of Attorney

HB 2562 amends the statute on Veterans Preference to give preference to veterans for initial employment and first promotion with state government and with counties and cities, if the applicant is competent and subject to additional limitations. The bill clarifies the term “veteran” and adds to the list of qualifying service military actions in Iraq, Afghanistan, or any other area in which the United States or the United Nations has entered into military action.

The bill also includes provisions of 2008 HB 2663 which prohibit a Veterans Service Representative of the KCVA from taking power of attorney in the name of the KCVA when assisting a veteran with a claim. The KCVA would not be prohibited from assisting any veteran with any claim in which a power of attorney is not required.

Financing Capital Improvement Projects

HB 2590 provides for the financing of certain capital improvement projects in Wilson County. The bill would authorize the Kansas Development Finance Authority (KDFA) to issue up to $8 million in revenue bonds for utility and infrastructure facility projects and for certain transportation projects.

Concerning Juvenile Corrections

SB 410 clarifies existing statutory language dealing with the four current juvenile correctional facilities. In addition, the bill would allow the appointment of a superintendent and deputy superintendents and eliminate the attorney position at the Kansas Juvenile Correctional Complex.

Prescription Monitoring Program Act

SB 491 enacts the Prescription Monitoring Program Act and creates the Prescription Monitoring Program Advisory Committee, the Methamphetamine Precursor Scheduling Task Force and the Veterinary Prescription Monitoring Program Task Force. This bill requires each pharmacy in Kansas to establish a continuous quality improvement program and would amend existing law concerning nonresident pharmacies. SB 491 encompasses, in part, the work of the Controlled Substance Monitoring Task Force.

Returned Check Procedures for the Department of Motor Vehicles

SB 521 amends existing law governing the procedures when a check is returned after being written for the payment of the annual license fee for the registration of motor vehicles and motorcycles. This bill replaces the term “check” with “payment instrument” and adds the rejection or reversal of a credit card transaction to the provisions applying to the return of payment for insufficient funds.

Seasonal Employment Background Checks by the State Fair Board

SB 565 authorizes the State Fair Board to conduct a background check on seasonal employment candidates that may be hired to assist with the State Fair. The background check is limited to a Kansas registered offender search on the Kansas Bureau of Investigation (KBI) website. This bill also provides the State Fair Board and its employees, immunity from civil suit for damages by any person who is refused or discharged from employment pursuant to the offender registry search.

Regarding Firearms

SB 46 amends K.S.A. 21-4201 such that any person or entity in compliance with the National Firearms Act, 26 U.S.C. 5801, et seq., will be authorized to possess a silencer, sawed-off shotgun, or machine gun. 

Amending the Viatical Settlement Act of 2002

HB 2110 amends the provisions of the Viatical Settlement Act of 2002 and enacts new requirements governing viatical settlements. This bill establishes a definition of a stranger-originated life insurance as a fraudulent viatical settlement act.

Veto Message for House Substitute for Senate Bill 389

Over the last several years, we have worked on lowering abortion rates in Kansas by focusing on adoption incentives, extended health services for pregnant women, providing sex education and offering a variety of support services for families.

Those efforts are having a positive impact; recently we learned that the abortion rate in Kansas continues to go down.

For years, the people of Kansas have asked their elected officials to move beyond legislative debates on issues like abortion and focus their attention on issues that can be solved in the Statehouse - stronger schools, affordable health care and economic growth. 

Kansans are proud of the progress we’ve made lowering the abortion rate and lifting our economy.  It's time for legislators to recognize that progress and focus on the things that continue to move us forward.

I am concerned about a number of provisions in SB 389. The United States Supreme Court decisions make clear that any law regulating abortion must contain exceptions for pregnancies which endanger the woman’s life or health.  However, SB 389 allows a variety of individuals to seek a court order preventing a woman from obtaining an abortion, even where it may be necessary to save her life.  I am concerned that the bill is likely unconstitutional or even worse, endangers the lives of women. 

The bill contains unprecedented expansions of legal proceedings which would likely encourage extensive litigation and also unnecessarily jeopardizes the privacy of Kansas women’s confidential medical records.

As Governor, nothing is more important to me than the safety, health and privacy rights of our citizens.  I am vetoing SB 389 because it endangers the health of women and is likely to be found in violation the United States Constitution and the Constitution of the State of Kansas.

Therefore, pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto House Substitute for Senate Bill 389.

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