Wednesday, July 30, 2014

Governor’s desk: Flurry of new laws follows legislative session

By The Herald Staff | 5/19/2014

Gov. Brownback was busy signing bills into law last week, but made clear his opposition to some legislation that made its way to his desk, according to news releases from his office.

Brownback on Friday signed House Bill 2231, which is the budget bill, but he used a line item veto to eliminate portions of the legislation.

Gov. Brownback was busy signing bills into law last week, but made clear his opposition to some legislation that made its way to his desk, according to news releases from his office.

Brownback on Friday signed House Bill 2231, which is the budget bill, but he used a line item veto to eliminate portions of the legislation.

Most notably, Brownback vetoed a provision that would have sent $5 million from children’s program endowment to the Kansas Bioscience Authority. He vetoed five items and then the bill was passed.

“The Kansas Endowment for Youth Fund was specifically established to hold and draw interest upon excess tobacco settlement revenues so that such funds could later be used for early childhood programs,” Brownback said, according to the Topeka Capital Journal. “The $5 million in question in this section should remain available for such purposes in the future, so I therefore veto the transfer.”

Brownback maintained the bioscience authority’s budget at the Legislature’s proposed level of $32 million by dipping into cash reserves, according to the news report.

Members of Franklin County’s delegation to the Statehouse — state Reps. Blaine Finch, R-Ottawa, and Kevin Jones, R-Wellsville, as well as state Sen. Caryn Tyson, R-Parker — voted against the budget bill.

Brownback fully vetoed House Bill 2296 Wednesday, which would have amended statutes concerning allowable uses and disposition of campaign funds, lobbyist and candidate reporting requirements, and disclosure requirements for certain contributions. Brownback said he vetoed the bill because he thinks the current system promotes transparent government.

“I appreciate the work of the legislature and Kansas Governmental Ethics Commission in reviewing and updating the laws applicable to the electoral and governmental processes,” Brownback said. “Nevertheless, I believe that retaining the lobbyist and candidate reporting and disclosure requirements in current law serves to promote transparency and openness. I am supportive of the provisions of this bill that would permit unused campaign funds to be donated to charitable organizations. I invite the Legislature to send me a new piece of legislation that contains these provisions.”

Finch, Jones and Tyson all voted in support of the now-vetoed legislation.

Brownback signed 40 bills this week, and brought the total number of new laws for the session to 141. Two bills have been vetoed and one bill was passed into law without Brownback’s signature.

Along with the 40 bills was Senate Substitute for House Bill 2389, which amends law related to disclosure of probable cause affidavits or sworn testimony supporting search or arrest warrants, allowing those documents to be open to the public upon request.

Doug Anstaett, executive director of the Kansas Press Association, said according to the new law, once an affidavit has been filed, the public must ask to see the documents. A prosecutor has up to five days to present proposed redactions to the magistrate. Then the magistrate has up to another five days to review before releasing the document.

The new laws and how Franklin County legislators voted are as follows:

May 12

House Bill 2687 — allows the state to conduct an administrative hearing regarding unclaimed property [Finch Y; Jones Y; Tyson Y]

Senate Substitute for House Bill 2448 — enacts “Katie’s Law” regarding collection of DNA samples; better defines the crime of interference with judicial process, addresses statutes of limitation for some cases and realigns judicial responsibility at sentencing. [Finch Y; Jones Y; Tyson Y]

House Bill 2312 — addresses investment of idle funds by local governments [Finch Y; Jones Y; Tyson Y]

House Bill 2487 — addresses construction of electrical transmission lines and obtaining certification of public convenience or necessity from the KCC. [Finch Y; Jones Y; Tyson N]

House Bill 2537 — requires disclosure statements in insurance contracts. [Finch Y; Jones Y; Tyson Y]

House Bill 2551 — repeals the regulation of PCB disposal facilities and the atmospheric mercury deposition network. [Finch Y; Jones Y; Tyson N]

House Bill 2580 — amendments regarding the real estate appraisers board and compliance with uniform standards [Finch Y; Jones N; Tyson N]

House Bill 2596 — computation of retirement benefits as to state officers or employees who are furloughed or have a reduction in pay. [Finch Y; Jones Y; Tyson Y]

House Bill 2668 — addresses health insurance for qualified professional associations [Finch N; Jones N; Tyson N]

Senate Substitute for House Bill 2616 — authorizes the Department of Labor to conduct a study to begin a state-certified OSHA compliance program. [Finch Y; Jones Y; Tyson Y]

Senate Substitute for House Bill 2693 — permits testing by community colleges for commercial driver’s licenses. [Finch Y; Jones Y; Tyson Y]

Senate Substitute for House Bill 2246 — allows for a peer review process for the Board of Technical Professions. [Finch Y; Jones Y; Tyson N]

May 13

House Bill 2568 — provides guidelines on child support. [Finch Y; Jones Y; Tyson Y]

House Bill 2172 — provides clarification and amendments to the law governing cemetery corporations. [Finch Y; Jones Y; Tyson Y]

House Bill 2086 — addresses Community Improvement Districts and Tax Increment Financing and allows additional flexibility in economic development [Finch Y; Jones N; Tyson N]

House Bill 2490 — provides the default sentence for capital murder as the “Hard 50” which may be reduced for mitigating circumstances; and felony murder sentencing as the “Hard 25.” [Finch Y; Jones Y; Tyson Y]

House Bill 2143 — a reconciliation bill from the Office of the Revisor of Statutes. [Finch Y; Jones Y; Tyson Y]

House Bill 2515 — follow-up bill from the executive branch reorganization in 2012. [Finch Y; Jones Y; Tyson Y]

May 14

House Substitute for Senate Bill 231 — reforms the Court of Tax Appeals into the Board of Tax Appeals, addresses board membership, sets time limits for decisions, and makes numerous other changes. [Finch Y; Jones Y; Tyson Y]

House Bill 2463 — Tax law change, including machinery and equipment classifications, mortgage registration tax phase out, and rural opportunity zone expansion. [Finch Y; Jones Y; Tyson Y]

Senate Bill 63 — allows counties and municipalities to make purchases from non-profit organizations [Finch Y; Jones Y; Tyson Y]

Senate Bill 266 — defines due date for severance tax exemption [Finch Y; Jones Y; Tyson Y]

House Substitute for Senate Bill 273 — allows commercial motor vehicles with a weight less than 26,000 pounds to travel interstate highways without licensure and mandates a study by the KCC. [Finch Y; Jones Y; Tyson Y]

Senate Bill 286 — addresses extension of fees for the Department of Agriculture and adds Kansas to the list of states observing the National Day of the Cowboy. [Finch Y; Jones N; Tyson N]

Senate Bill 357 — includes amendments for land purchases by Kansas Dept. of Parks, Wildlife and Tourism, and provides landowners first claim to wildlife illegally taken on their land unless needed as evidence by law enforcement or wildlife authorities. [Finch Y; Jones Y; Tyson N]

Senate Bill 367 — protects student data [Finch Y; Jones Y; Tyson Y]

House Bill 2446 — amendments to judiciary-related fees and funds; imposes time constraints on issuance of court decisions. [Finch Y; Jones Y; Tyson Y]

Senate Bill 258 — allows for issuance of a birth certificate in cases of the stillbirth of a child [Finch Y; Jones Y; Tyson Y]

House Substitute for Senate Bill 245 — amendments to the oil and gas depletion fund and establishes ending date of no later than July 1, 2016 [Finch Y; Jones Y; Tyson Y]

House Bill 2525 — regulates the transfer of licenses for money transmitter businesses [Finch Y; Jones N; Tyson N]

Senate Bill 263 — establishes the Military Funeral Honors fund [Finch Y; Jones Y; Tyson Y]

Senate Bill 274 — abolishes any existing political committee established by a member of the legislature and forbids the creation of any new committees by legislators [Finch Y; Jones Y; Tyson Y]

Senate Bill 329 — clarifying court orders relating to parents in juvenile offender cases [Finch Y; Jones Y; Tyson Y]

Substitute for Substitute for House Bill 2721 — creates the Small Business Entity Treatment (BEST) Act. The bill centralizes various filing requirements for common filings with the Kansas Secretary of State into one statutory location [Finch Y; Jones Y; Tyson Y]

House Bill 2673 — updates and modernizes provisions in the Kansas Healing Arts and Kansas Physician Assistant Licensure Act. [Finch Y; Jones N; Tyson Y]

Senate Substitute for House Bill 2588 — creates and amends statutes relating to juvenile placement [Finch Y; Jones Y; Tyson Y]

Senate Substitute for House Bill 2140 — concealed carry regarding off-duty and retired law enforcement officers [Finch Y; Jones Y; Tyson Y]

Senate Substitute for House Bill 2154 — amends statutes governing licensees of the Kansas Board of Cosmetology [Finch Y; Jones Y; Tyson Y]

Senate Substitute for House Bill 2389 — amend law related to disclosure of probable cause affidavits or sworn testimony supporting search or arrest warrants, as well as law related to the statutory speedy trial deadline and the automatic stay of a mandate in certain appeals. [Finch Y; Jones Y; Tyson Y]

Substitute for House Bill 2430 — modifies the Promoting Employment Across Kansas (PEAK) program. [Finch Y; Jones Y; Tyson N]

comments powered by Disqus