Sebelius: Kansas Will Divest From Sudan

Bill ensuring no investment in Sudan among 18 signed today

May 11, 2007 -- A bill ensuring the state’s retirement funds won’t be invested in companies doing business in Sudan was signed today by Kansas Governor Kathleen Sebelius.

Article continues below...

“The horrific genocide taking place in Sudan is well-documented, and we want to have nothing to do with companies that are doing business in that nation so long as its government does nothing to stop the killing,” said Sebelius.

According to the United Nations, the Darfur region of Sudan has seen widespread violence and ethnic cleansing. More than 200,000 people have been killed and at least 2 million others forced to flee their homes since 2003.

HB 2457 prohibits the investment of funds by the Kansas Public Employees Retirement System in certain companies with business operations in Sudan. The bill requires divestment from direct and indirect holdings in companies with such operations, except in the case of passively managed commingled funds when the estimated cost of divestment exceeds a threshold test.

This bill was one of 18 bills signed today by Sebelius, bringing the total number of bills signed during the 2007 Legislative Session to 194. Four bills and one budget item have been vetoed. Signed bills go into effect after publication in the statute book unless otherwise noted.

Allowing wineries to be caterers and microbreweries to franchise

SB 30 allows a licensed farm winery or a person who holds an interest in a licensed farm winery to hold a class B club license, a drinking establishment license and a caterer’s license. The bill will make statutes consistent so that a farm winery also may be a caterer and allows microbreweries to have more than one microbrewery license. This bill exempts specified charitable fund-raising activities from the requirement to have a liquor license or a temporary permit to serve alcohol at their events. This bill is the corrected version HB 2202, which was vetoed because of a drafting error.

Amendments to various driving violations

SB 35 clarifies when a violation for speeding would not be reported by the Division of Motor Vehicles (DMV) and when it would not be a moving traffic violation. This bill clarifies that a violation for speeding not more than 10 miles per hour in excess of the maximum speed limit will not be reported by the DMV. In addition, a violation of a speed of 30 miles per hour up to 54 miles per hour, by not more than 6 miles per hour will not be a moving traffic violation. The bill amends the law regarding driving under the influence (DUI) of alcohol or drugs, increasing penalties for those convicted of DUI in a variety of ways. Finally, the bill will clarify how time would be computed to determine if a request for an administrative hearing under the implied consent advisory law is timely filed with the Kansas Department of Revenue.

Prohibiting bullying in schools

SB 68 requires district school boards to adopt policies prohibiting bullying on school property, in a school vehicle or at a school-sponsored activity. This bill also requires each school district to adopt and implement a strategic plan to address bullying, including provisions for training and educating staff and students. This bill requires the State Board of Education to assist any school district deciding to offer grade-appropriate curriculum for character development programs. Offering such programs will be voluntary for school districts. This bill also simplifies the provisions of law relating to the procedures school districts must follow when adopting local option budgets. Finally, this bill allows school districts experiencing a disaster which causes the district to be unable to participate in state assessment tests, to continue to receive the nonproficient student weighting equal to the amount received in the prior year, with approval of the State Board of Education.

Establishing the Kansas Autism Task Force

SB 138 establishes the Kansas Autism Task Force to study and conduct hearings on issues relating to the needs and services available for people with autism. The task force will report to the Legislative Educational Planning Committee with a preliminary report by November 15, 2007, and a final report by November 15, 2008.

Creating a drug trafficker registry

SB 204 amends the Kansas Offender Registration Act by expanding the list of offenders who are required to register to include offenders attempting, conspiring or soliciting to commit the crime of aggravated trafficking; offenders convicted of unlawful manufacture or attempt to manufacture methamphetamine beyond personal use; offenders convicted of possession of precursor chemicals with the intent to use the product to manufacture methamphetamine, beyond personal use; and offenders convicted of sale or distribution of opiate or narcotic drugs within 1,000 feet of school property. This bill also places more stringent requirements on individuals required to register under the Kansas Offender Registration Act, including how they register; how often they register; who the information is shared with; and the information they must provide upon registering.

Clarifying the effective date of the franchise tax reduction

SB 215 clarifies the effective date of the franchise tax reduction approved earlier in the session pursuant to Senate Sub. for HB 2264 as being tax year 2007.

Requiring agencies to utilize the Office of Administrative Hearings

SB 351 requires all agencies, boards and commissions to utilize the Office of Administrative Hearings (OAH) for hearings held in accordance with the Kansas Administrative Procedure Act on and after July 1, 2009. This bill also requires the Director of OAH to designate a qualified presiding officer from another agency if OAH cannot furnish one of its presiding officers within 60 days of an agency’s request for hearing.

Continuing and creating tax targeted incentives

HB 2004 continues the Rural Business Development Tax Credit Act through FY 2012; creates the Enterprise Facilitation Fund; amends the Angel Investor Tax Credit Act; and creates the Kansas Film Production Tax Credit Act.

Amending the Center for Entrepreneurship Act

HB 2005 amends the Center for Entrepreneurship Act by making technical corrections to the statute. In addition, this bill separates the statutes for sales tax and revenue (STAR) bonds and tax increment financing. Finally, it changes the definition of multi-sport athletic complex and museum facility.

Credit unions subject to hearings under the Kansas Administrative Procedure Act

HB 2113 requires a credit union’s board of directors or individuals named in the administrative action be given a hearing or the opportunity to have a hearing in accordance with the Kansas Administrative Procedure Act.

Designating English as the official language of Kansas

HB 2140 designates English as the official language of the State of Kansas for all public documents and official public meetings. No state agency or local government will be required to provide documents in a language other than English, but they may use other languages at the agency or local government’s discretion. This bill authorizes the use of Braille in signage and documents, as well as communication in American Sign Language to accommodate persons with disabilities. It requires local entities such as political subdivisions, community-based agencies, migrant worker groups and refugee resettlement programs designated by the State Board of Regents to offer English language classes; English language training; citizenship classes for non-native speakers; and to seek assistance from listed groups in expanding awareness of the available classes and training.

Technical changes to energy-related laws

HB 2145 enacts new laws addressing the inspection of petroleum meters on vehicle tanks; wind generation projects at two community colleges; parallel generation of electricity from renewable resources; incentives for retailers of alternative motor fuels and bio-diesel; and training for operators of underground storage tanks.

Changes to the School District Finance and Quality Performance Act

HB 2310 changes the School District Finance and Quality Performance Act regarding requirements related to school districts qualifying for the cost-of-living or declining enrollment weightings. The bill allows those districts which levied a tax for such purposes in school year 2006-07 to continue to levy a tax at a rate that would generate the same amount of revenue as was generated in school year 2006-07, so long as the district adopts a local option budget (LOB) in an amount which equals or exceeds the amount of LOB adopted in school year 2006-07.

The bill also directs the Legislative Educational Planning Committee, in collaboration with the 2010 Commission, to study and make recommendations related to early childhood education. Finally, the bill requires that, beginning on July 1, 2007, teachers or licensed personnel at the Kansas State School for the Blind and the Kansas State School for the Deaf be paid a rate of compensation that is not less than the rate of compensation paid to teachers or licensed personnel at USD 233, Olathe, as of September 1 of the preceding school year.

Allowing fees to be charged at law libraries

HB 2360 authorizes the collection of fees for the benefit and account of the law library in each county. This bill also allows the clerks of the district courts in Sedgwick and Johnson counties to impose an additional library fee, as determined by the trustees of the law library, not to exceed $4.00 in all cases

Technical and clarifying changes to district court policies

HB 2363 deletes “terms of court” from district court documents, as it is a term no longer used at the district court level. This bill also changes the time for serving a motion for summary judgment from 10 to 21 days. Other amendments in this bill are technical and clarifying in nature.

Amending the Kansas Consumer Protection Act

HB 2451 amends the Kansas Consumer Protection Act (KCPA) regarding health care providers. Under this bill, the KCPA will not provide a private cause of action or remedy against a licensed health care provider for personal injury or death resulting, or alleged to have resulted from medical negligence. This bill is the compromise that was reached after SB 55 was vetoed.

Omnibus statute reconciliation

HB 2599 reconciles amendments to certain statutes.

Source: Kansas Governor