89 New Laws Take Effect Friday

Topeka, Kan. (WIBW) 89 laws go into effect in Kansas on Friday, July 1, 2011. See the full list below:

Senate and House Bills Going Into Effect on July 1, 2011:
ABORTION
HB 2035 modifies current law regarding prohibitions on late-term and partial birth abortions; requires parental consent with certain exceptions for abortions involving minors; expands and establishes new abortion reporting requirements; and adds a civil cause of action in certain abortion cases.
HB 2218 enacts new restrictions on certain late-term abortions. The bill adds a new section that lists the Legislature’s findings on the capacity of an unborn child to feel pain.

AGING
HB 2147 amends the “Home Plus” definition in prior law to increase from eight to twelve the number of individuals who may be cared for in a home plus facility.

Agriculture and Natural Resources
SB 122 authorizes the Director of the Kansas Water Office, after consultation with other agriculture and natural resources agencies, to negotiate and grant easements on state property for construction and maintenance of conservation projects with cooperating landowners for the expected life of the project.
SB 123 allows the Secretary of the Kansas Department of Wildlife and Parks (KDWP) to directly set fees for the use of cabins owned or operated by the KDWP. The bill exempts the setting of cabin fees from the Rules and Regulations Filing Act (KSA 77-415 through 77-437).
SB 124 creates the Lower Smoky Hill Water Supply Access Program within the Kansas Water Office. The agency, with the approval of the Kansas Water Authority, has the authority to negotiate and enter into contracts for water supply access storage to be used for the purposes outlined in the bill. The agency also may designate all or any portion of the water held in Kanopolis Reservoir to water supply access storage to meet the needs of the Lower Smoky Hill Water Supply Access District.
SB 152 permits a person with a concealed carry license to carry a concealed handgun while lawfully hunting, fishing, or fur-harvesting. In addition, the bill permits a person with a legally acquired sound suppression device to use the device while lawfully hunting, fishing, or fur-harvesting.
SB 186 allows the Secretary of Agriculture discretion in suspending a pesticide business license without a hearing until compliance is reached, if a pesticide business does not employ one or more commercial applicators that are certified in each type of commercial pesticide application the pesticide business uses.
SB 188 expands the Kansas Department of Health and Environment’s authority to approve the disposal of the demolition waste of buildings or structures at, adjacent to, or near the site of the building or structure without requiring a solid waste permit. The bill also adds additional evaluation criteria that the Secretary of Health and Environment must consider when determining whether to approve a request for off-site disposal of demolition waste.
SB 214 (House Sub.) changes the existing definition of “person” for the purposes of the Groundwater Management District Act to mean any natural person, public or private corporation, municipality, or any other legal commercial entity. In addition, the term “eligible voter” is modified to reflect the new definition of “person,” and the bill clarifies that each eligible voter shall be entitled to cast only one vote per eligible voter.
SB 215 abolishes the Liquefied Petroleum Gas Advisory Board on July 1, 2011, and repeals KSA 55-1811, which is the statute that establishes the Board and provides for the Board’s members and their terms of office.
HB 2122 makes several changes to the Kansas Qualified Agricultural Ethyl Alcohol Producer Incentive Fund (Incentive Fund).
HB 2133 amends prior law which directed how water litigation moneys recovered by Kansas from Nebraska and Colorado through disputes under the Arkansas River Compact and the Republican River Compact were deposited in the State Treasury and how the moneys were spent on various projects. The bill also addresses the way reductions in tax revenue allotted for local public health departments is handled.
HB 2184 amends the definition of “recreational purpose” in a definitional section of law dealing with the liability of landowners who choose to open up their private property to recreational activities. The modification to the law adds “noncommercial aviation activities” to the definition of “recreational purpose.”
HB 2205 amends a section in the weights and measures laws to delete the time limit on a provision which allows mechanical vehicle scales used solely to sell aggregate products to have a minimum tolerance of +/- 100 pounds, thus making the exception permanent. HB 2205.
HB 2271 amends various provisions of the Kansas Plant Pest Act and clarifies authority given to the Secretary of Agriculture or the Secretary’s designee.
HB 2282 changes the law regarding the licensure and inspection of lodging establishments. The bill consolidates the Food Service Inspection Reimbursement Fund and the Food Inspection Fee Fund into the Food Safety Fee Fund, as well as establishes the Lodging Fee Fund, with both funds being administered by the Food Safety and Lodging program in the Kansas Department of Agriculture.

Children's Issues
SB 23 (House Sub.) adds language to the revised Kansas Code for Care of Children and the revised Kansas Juvenile Justice Code requiring the board of education of a school district to award a high school diploma to any person requesting a diploma if the person is at least 17 years of age, is enrolled or resides in such school district, is or has been a child in the custody of the Department of Social and Rehabilitation Services or Juvenile Justice Authority after turning 14 years of age, and has achieved the minimum high school graduation requirements adopted by the State Board of Education. The bill further amends the revised Kansas Code for Care of Children to automatically make a grandparent an interested party in a child in need of care proceeding.
SB 38 amends KSA 2010 Supp. 38-2262 and makes technical amendments to several statutes to clarify language relating to the priority of orders issued under the revised Kansas Code for Care of Children and the revised Kansas Juvenile Justice Code. These amendments remove the words “custody,” “residency,” “parenting time,” and other references to specific orders so that the statutes instead refer to orders generally.
HB 2105 prohibits a court from ordering that a child be removed from the parents’ custody solely because the parent is homeless.

COMMERCE & LABOR
HB 2135 revises the procedures used to determine if employees have been misclassified as independent contractors. The bill revises employment security law regarding the process used to determine the misclassification of employees, the communication of confidential taxpayer information between the Departments of Revenue and Labor, and penalties for repeated violations of employee misclassification.

Education
SB 21 allows any school district having authority for ancillary school facilities weighting, cost of living weighting, or declining enrollment weighting to spend the motor vehicle-related revenue derived as a result of these weightings. Prior law allowed a school district to receive this revenue, but not spend the revenue.
SB 111 (House Sub.) changes the starting date of the portion of the special education school finance formula that determines the minimum and maximum amount of special education state aid a school district may receive. This provision now goes into effect for the 2012-2013 and the 2013-2014 school years and ends on June 30, 2014.
SB 127 (House Sub.) creates the University Engineering Initiative Act. The Act is intended to increase the number of engineering graduates to 1,365 graduates per year by 2021.
SB 143 makes technical corrections and updates related to post secondary technical education. The bill updates terminology, removes definitions for terms no longer used, eliminates vocational school references, adds individual institution-specific references, updates and removes obsolete sections of identified statutes, and repeals statutes no longer needed.
HB 2015 extends the sunset date to June 30, 2014, for the current method of calculating the local option budget of a school district. The bill also reauthorizes the school district property tax mill levy for the 2011–2012 and 2012–2013 school years.
HB 2078 allows the School for the Blind to conduct training programs year round. Previous law allowed training programs at the School for the Blind to be conducted only during the summer.
HB 2191 allows school districts to offer employment contracts to teachers for one or up to two additional years (that is, a fourth or a fourth and fifth year contract) at the end of the teacher’s probationary period, thus extending until the sixth year of employment the ability of the teacher to attain due process rights.

Elections
SB 103 expands voting opportunities for certain absentee federal services voters and military personnel and their family members. The bill allows overseas voters to vote a full ballot at all elections; apply for, receive and return their ballots by electronic means; and vote a write-in ballot, if needed.
SB 125 makes changes in election statutes. The bill changes the filing deadline from June 10 to June 1 for candidates for national, state (including governor and lieutenant governor), county, and township offices.
HB 2080 makes several changes to state election laws including the date of the next presidential primary and filing deadlines in redistricting years.

Energy and Utilities
SB 72 amends existing telecommunications law to allow any price-cap regulated local exchange carrier that has deregulated a majority of its local exchange access lines to elect to be regulated as a telecommunications carrier rather than as a local exchange carrier.
SB 224 contains provisions related to electric supply and demand reports and to the gas system reliability surcharge.
SB 227 addresses two property issues involving renewable energy: preventing the permanent severance of wind and solar rights from a tract of land, and establishing daylight marking requirements for anemometer towers.

FEDERAL & STATE AFFAIRS
HB 2013 repeals five statutes pertaining to the sale and purchase of certain firearms known as long-guns.

Health
SB 36 (House Sub.) provides for the licensing and regulating of abortion clinics and other medical facilities by the Kansas Department of Health and Environment (KDHE). The Secretary of KDHE is required to adopt and enforce rules and regulations regarding medical facilities that perform abortions and to collect an initial fee of $500 and subsequent annual fees of $500 from each licensee. The Secretary of KDHE must determine the severity of violations and must assess the corresponding fines for those violations. Inspections of licensed facilities by KDHE are required twice per year.
HB 2082 revises KSA 12-1509 by allowing limited maintenance on gas piping systems to be performed by hospital maintenance personnel if the gas piping system is already installed. Previously, maintenance may be performed only by an individual licensed as a plumber and professionally certified as a medical gas installer.
HB 2083 requires any funeral director in charge of a facility that closes to notify all those who have purchased a pre-financed funeral agreement that they need to transfer their agreements to another facility.

Insurance
SB 15 updates the effective date for the risk-based capital (RBC) instructions promulgated by the National Association of Insurance Commissioners (NAIC) and specified in Kansas law from December 31, 2009, to December 31, 2010.
SB 136 enacts new law to provide that anyone operating an uninsured vehicle who, at the time of an auto accident, has not maintained personal injury protection benefits coverage as mandated by law (the Kansas Automobile Injury Reparations Act) would be prohibited from having a cause of action for the recovery of non-economic loss sustained as a result of the accident.
SB 179 amends certain coverage, definitions, liability, and assessment provisions in the Kansas Life and Health Insurance Guaranty Association Act (Guaranty Association Act). The Guaranty Association Act enables the Guaranty Association to provide certain protections to Kansas residents who are holders of life and health insurance policies and individual annuities with an insolvent insurer.
SB 185 amends an investment provision in the Insurance Code to authorize certain insurance companies (those other than life insurance companies) to designate a trust company to: obtain a nominee name for an insurance company in which the company’s securities may be registered, make any authorized investments in the name of the trustee or the trustee’s nominee, and arrange for securities to be held in a clearing corporation, subject to a written agreement approved by the Insurance Commissioner.
HB 2056 amends a provision in the Banking Code that outlines how the Bank Commissioner determines the amounts to assess banks and trust companies for examination and administrative expenses.
HB 2074 amends a rate filing provision for certain lines of property and casualty insurance in the Insurance Code to exempt trade secrets and copyrighted material in an insurance filing or any supporting documentation for the filing from disclosure in open record requests.
HB 2124 removes a limitation placed on professional corporations in the law and instead permits a professional corporation to be in partnership with one or more corporations or individuals and be registered with the State Board of Accountancy.
HB 2139 enacts and amends certain workers compensation provisions and amends insurance rate filing and risk classification law.

Judiciary
SB 6 amends various administrative and criminal statues related to driving under the influence (DUI).
SB 9 amends the Kansas Code of Civil Procedure as a follow-up to the 2010 recodification of the code. Most of the amendments are non-substantive, technical changes. These changes correct typographical errors, make the civil code provision consistent with other Kansas statutory provisions, or make the civil code caption consistent with the corresponding caption in the Federal Rules of Civil Procedure, on which the Kansas code is modeled.
SB 24 recodifies domestic relations statutes into a single domestic relations code. It makes no substantive changes to the statutes.
SB 37 (House Sub.) makes several changes to the Kansas Offender Registration Act (the Act) to bring Kansas into compliance with the federal Adam Walsh Sex Offender Registration and Notification Act (SORNA). First, the bill amends KSA 22-4902(a) by limiting the definition of “offender” to sex offenders, violent offenders, and drug offenders, all of which are defined in the bill, in addition to persons required to register in other states or by a Kansas court for a crime that is not otherwise an offense requiring registration. The definitions of sex offenders, violent offenders, and drug offenders incorporate the crimes removed from the current definition of “offender.”
SB 55 (House Sub) creates or amends law relating to search warrants and interception orders for electronic communication information, search incident to arrest, the crimes of harassment by telecommunications device and sexual exploitation of a child, required factors in determining conditions of release, employment of city and county prisoners, relief from firearm prohibitions for a person adjudicated mentally ill, expunged records, grand juries, direct appeals to the Supreme Court, community corrections, house arrest, arrest expungement fees, DUI offender house arrest and work release, and the forfeiture of appearance bonds.
SB 63 (House Sub.) amends the duties of a court clerk by removing the requirements that the clerk keep the papers in each case in a wrapper or folder and that the clerk initial the date and time stamp on each paper.
SB 97 extends for one year the judicial surcharge the Legislature authorized in 2010 Senate Sub. for HB 2476 to fund non-judicial personnel. The bill increases the surcharge by 25 percent in FY 2012. The bill also delays the expansion of the Court of Appeals from 13 to 14 judges for one year, until December 31, 2012.
HB 2001 makes technical changes concerning spending that were not made when the Kansas Commission on Peace Officers’ Standards and Training(KCPOST) separated from the Kansas Law Enforcement Training Center (KLETC).
HB 2008 adds subsection (u) to 2010 Session Laws ch. 136, sec. 285, providing that the penalty for identity theft, identity fraud, and attempt or conspiracy to commit those crimes is presumptive imprisonment when the person being sentenced has a prior conviction of identity theft, identity fraud, or attempt or conspiracy to commit those crimes. 2010 Session Laws ch. 136 recodifies the Kansas Criminal Code.
HB 2010 adds the following to the list of offenses giving rise to civil forfeiture pursuant to the Kansas Asset Seizure and Forfeiture Act: embezzlement; mistreatment of a dependent adult; giving a worthless check; forgery; making false information; criminal use of a financial card; unlawful acts concerning computers; identity theft and fraud; and electronic solicitation. The bill removes theft of livestock from the list.
HB 2023 amends KSA 65-4105, 65-4107, 65-4109, 65-4111, and 65-4113, which govern the scheduling of controlled substances, to bring Kansas’ law into agreement with the federal schedule.
HB 2027 amends KSA 77-415, concerning the Rules and Regulations Filing Act (the Act), by deleting the existing definition of “rule and regulation,” “rule,” and “regulation,” including several provisions exempting specific rules and regulations from formal rule-making under the Act, and replacing it with a simplified definition.
HB 2028 creates a new section to be part of the Kansas Uniform Trust Code giving the trustee of a trust an insurable interest in the life of an individual insured under a life insurance policy owned by the trustee acting in a fiduciary capacity or that designates the trust itself as the owner under certain circumstances.
HB 2029 adds ultrasound technologists working under the supervision of a person licensed to practice medicine and surgery to the list of persons included in the definition of “charitable health care providers” for the purposes of the Kansas Tort Claims Act.
HB 2030 extends for five years exceptions to the Kansas Open Records Act that are set to expire July 1, 2011.
HB 2038 amends 2010 Session Laws Ch. 136, Sec. 298, concerning hearings to consider a departure sentence in felony cases.
HB 2044 amends KSA 8-1602, 8-1604, 8-1605, and 2010 Session Laws Ch. 136, Sec. 292 concerning required action and notification in a motor vehicle accident.
HB 2057 amends KSA 22-3437 by adding the Johnson County Sheriff’s Laboratory and the Sedgwick County Regional Forensic Science Center to the list of institutions whose reports and certificates concerning forensic examination are considered admissible in evidence in any hearing or trial.
HB 2071 amends KSA 59-29a01 to provide that when a person is committed as a sexually violent predator and files a habeas corpus petition, the costs incurred as part of the prosecution and defense of the petition are assessed to the “county responsible for the costs.” “County responsible for the costs” is defined in the bill as the county where the person was determined to be a sexually violent predator.
HB 2151 modifies the definition of the crime of “breach of privacy” and increases the penalties for some of the acts constituting “breach of privacy”.
HB 2227 amends KSA 22-2304 to allow issuance of warrants identifying a defendant by a description of the defendant’s DNA, rather than by name, when the defendant’s name is unknown.
HB 2312 requires registration of scrap metal dealers. On or after January 1, 2012, in order to purchase regulated scrap metal, a business must be registered for each place of business.
HB 2339 reconciles all the changes made to the Kansas Criminal Code since the passage of 2010 HB 2668, which recodified the Code and will go into effect July 1, 2011.

Local Government
SB 112 addresses the appointment and duties of surveyors. The bill also modifies requirements for record keeping, replacement of certain monuments, and survey plats.
SB 229 modifies the law which provides for the deposit of 20.0 percent of certain fee revenue up to a maximum of $200,000 to the State General Fund. In FY 2012, the 20.0 percent of fee revenue deposited in the State General Fund would be reduced to 10.0 percent and the maximum would be reduced to $100,000. The Committee also added two provisions regarding reporting of fees assessed by the Department of Administration.
HB 2119 prohibits a municipality from charging an accident response service fee to persons receiving emergency services inside or outside the municipality, except for the actual costs of providing emergency services in response to a motor vehicle accident. The bill also amends an existing statute requiring motor vehicles owned or leased by Kansas political subdivisions to bear the subdivision’s name, by adding exemptions for county or district attorney investigators to the statute’s current list of exemptions.
HB 2240 deals with cemetery corporations, the trust funds they maintain, and a new fee fund relative to these functions.

RETIREMENT
HB 2194 (Senate Sub.)- modifies the Kansas Public Employees Retirement System (KPERS) plan for public employees who are current KPERS members in the state, school, and local groups, and for future public employees in the same groups.

State Government
SB 76 amends existing bingo statutes.
SB 115 institutes a new state employee suggestion program to replace one that expired June 30, 2006; repeals the authorizing statutes that established several committees, commissions, and task forces that either have expired or were abolished; repeals the statute establishing a scenic byway; and repeals requirements for publication of certain reports and specific subject matter for reports that are no longer required.
HB 2258 gives the Secretary of Social and Rehabilitation Services the authority to convey certain property in Ellsworth County, Kansas, to the Evangelical Lutheran Good Samaritan Society via quitclaim deed. The bill allows the State of Kansas to retain all mineral rights to the property, as well as the right to enter and leave the property at any time for the purpose of oil, gas, or other mineral production.
HB 2336 creates the Kansas Employment First Initiative Act and the Kansas Employment First Oversight Commission. The bill requires state programs and services which support employment of persons with disabilities to consider, as their first option, competitive and integrated employment for persons with disabilities. The bill does not require an employer to give preference to hiring persons with a disability.

Taxation
SB 193 makes several changes with respect to a requirement that Social Security numbers be provided in order to claim most state tax credits; provides other administrative changes relative to the food sales tax rebate program; expands the Promoting Employment Across Kansas (PEAK) program; establishes a formula for calculating property taxes due on certain land legally described in plats; makes several changes in High Performance Incentive Program (HPIP) tax credits, including extending the carry-forward period from 10 to 16 years; and enacts a new sales tax exemption for game birds.
SB 196 (House Sub.) provides a new state income tax deduction known as “expensing” for certain qualified investments; repeals or phases out a number of existing state income tax credit and sales tax exemptions; repeals the Kansas Economic Opportunity Initiative Fund (KEOIF); and creates a new fund, the Job Creation Program Fund (JCPF). Finally, an additional provision establishes a new individual income tax checkoff for the Kansas Hometown Heroes Fund.
SB 198 designates 50 counties as Rural Opportunity Zones (ROZ), effectively providing an income tax exemption for certain out-of-state taxpayers who relocate to those counties; and authorizing the counties to participate in a state-matching program to repay student loans of up to $15,000 for certain students who establish domicile in ROZ counties.
HB 2392 allows the Director of Accounts and Reports to enter into agreements with the U.S. Treasury Department that provide for offsetting various federal and state payments authorized by law.

Technical
SB 247 reconciles amendments to certain statutes and makes certain technical changes thereof.

Transportation and Motor Vehicles
SB 119 authorizes cities and counties, in coordination with railroads providing service, to enter into loan agreements with the Secretary of Transportation to obtain Rail Service Improvement Funds by pledging Special City and County Highway Fund (SCCHF) receipts as collateral. The bill gives the Secretary the authority to order diversion of SCCHF distributions from any local unit failing to meet repayment terms and conditions set forth in the agreements.
SB 213 (House Sub.) defines a “lightweight roadable vehicle” as a vehicle that may be driven on public roadways and also is required to be registered with, and flown under the direction of, the Federal Aviation Administration. The bill excludes this type of vehicle from the definition of “aircraft” in the statute (KSA 2010 Supp. 79-201k) that exempts business aircraft from property taxes.
HB 2132 authorizes “Families of the Fallen” license plates for passenger vehicles and small trucks, to be issued on and after January 1, 2012.
HB 2172 designates the junction of US 24 and K-7 highways in Wyandotte County as the Representative Margaret Long Interchange.
HB 2192 combines various provisions regulating traffic including: Seat Belt Law; 75 mph Speed Limit; VIN Inspection Fees; Motorcycle Through a “Dead Red” Light; Passing Bicycles; Signature at Registration Renewal.

VETERANS & MILITARY
HB 2060 adds a new provision that, under certain defined conditions, would supersede the current statutory listing of priorities that control the final disposition of a military decedent’s remains.