Governor Signs Ten More Bills

On the 73rd day of a 90 day legislative session, Governor Kathleen Sebelius has signed ten bills, bringing the total number of bills signed for this session to 19, with one bill having been vetoed.

Establishing a procedure for Townships to sell personal property

HB 2628 provides a procedure for the disposal of township personal property valued at $1,000 or more. Public notice would be required once in a newspaper of general circulation in the township, containing specific information.

The sale must be by competitive bid and must be awarded to the highest and best bidder, but the board may reject any or all bids and resubmit for a new competitive bid procedure. This bill goes into effect after its publication in the statute book.

Allowing cemeteries to sell excess land that has not been platted into burial plots

HB 2656 allows a not-for-profit cemetery corporation, established before 1909, to sell excess land that has not been platted into burial plots and would not be needed for cemetery purposes. The district court of the county where the cemetery is located or any court with assumed jurisdiction and the Attorney General would be required to approve the sale of any excess real estate. The proceeds of such a sale could only be used for maintenance, reserve requirements, and obligations to beneficiaries of a trust deed. This bill goes into effect after its publication in the statute book.

Destroying surrendered drivers’ licenses

HB 2665 allows the Division of Vehicles at Revenue to destroy any Kansas driver’s license or permit that has been surrendered unless any other statute requires the Division to retain the license or permit. The term “surrender” would include, but not be limited to, Kansas driver’s licenses and permits received by the Division for certain statutory violations. This bill goes into effect after its publication in the statute book

Tagging of big game and wild turkey

HB 2748 requires a permittee to permanently affix the carcass tag to the carcass of any wild turkey immediately after killing the wild turkey. It also makes it unlawful to possess a carcass of a wild turkey or big game animal, taken in the state, unless a check station tag, if required and issued by the Secretary, is attached to it, in accordance with rules and regulations adopted by the Secretary. This bill goes into effect after its publication in the statute book

Allowing Townships to transfer their equipment reserve fund

HB 2749 authorizes any township board with a surplus in its general fund to transfer, by resolution, up to 25 percent of general fund revenue into a township equipment reserve fund. This bill goes into effect after its publication in the statute book.

New crime established: failure to comply with a wildlife and parks citation

SB 267 creates the new crime of failure to comply with a wildlife and parks citation. The new crime would be defined as failure to:

· Appear before a district court in response to a citation and to pay any fine, court costs, assessments, or fees imposed in full;

· Fully pay or satisfy all fines, court costs, assessments, or fees imposed as part of a sentence of any district court for violation of the Kansas wildlife and parks laws;

· Comply with a wildlife and parks citation as provided in law;

· Failure to comply with a wildlife and parks citation would be a class C misdemeanor, regardless of the disposition of the original charge.

Under the provisions of the bill, in addition to any other penalty, when a person fails to comply with a wildlife and parks citation or sentence for a violation of wildlife and parks laws or rules and regulations, the Department of Wildlife and Parks will be notified to forfeit or suspend any license, permit, stamp, or other authorization issued by the Department. This bill goes into effect after its publication in the statute book.

Clarifying the criteria for medical assistance for trust beneficiaries

SB 412 amends the statute that establishes eligibility criteria for medical assistance for trust beneficiaries. The bill would clarify that resources from a trust executed on or after July 1, 2004 would be considered an available resource in determining eligibility of a trust beneficiary for medical assistance, unless:

· The trust clearly states intent, at the time it was created or amended, that the trust is supplemental to public assistance, and

· The trust is funded from resources of a person who owed no duty of support or is funded not more than nominally from resources of a person who owes a duty of support.

Additionally, the bill would define the term public assistance to include, but not be limited to, Medicaid, medical assistance, or Title XIX of the Social Security Act.

This bill is intended to avoid unintended consequences of the current law, HB 2556, as enacted in 2004. This bill goes into effect after its publication in the statute book.

Amending the probate code

SB 431 amends the probate code to increase the allowances for spouses and minor children from $35,000 to $50,000 when a resident of the state dies. The bill also would increase the threshold from $20,000 to $40,000 to transfer small estates of personal property to successors by affidavit. This bill goes into effect after its publication in the statute book.

Amending the Uniform Transfer on Death Security Registration Act

SB 432 amends the Uniform Transfer on Death Security Registration Act (UTODSRA) to include “a security account” in the definition of “security”. This bill goes into effect after its publication in the statute book.

Amending the sunset date for parity between health and mental health benefits

SB 441 amends the sunset date contained in the law requiring parity between health and mental health benefits in all group health insurance policies except for small groups from “December 31, 2007” to “December 31, 2008”. This change is needed each year to keep Kansas in compliance with HIPAA. This bill goes into effect after its publication in the statute book.


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