Governor Parkinson Commemorates Brown v. Board With Signing

Press Release

To uphold the historic implications of the Brown v. Board of Education decision made 56 years ago, Governor Parkinson signed SB 54 today. The governor was joined by state legislators and members of the Kansas NAACP at the bill signing in the Governor's Ceremonial Office.

"Brown v. Board remains at the cornerstone of the Kansas story, reminding us of where we first began and how far we have come," said Parkinson. "In joining the likes of John Stuart Curry and his Tragic Prelude, the mural will allow future generations to look back and become inspired by our state's remarkable history."

SB 54 creates the Capitol Preservation Committee, which is required to develop plans for the placement of a mural in the State Capitol commemorating the United States Supreme Court Decision in the case of Brown V. Board of Education. The bill also prohibits public funds from being used to pay the costs of creating and installing the mural.

The committee will consist of 12 members: the statehouse architect, the executive director of the State Historical Society, the executive director of the Kansas Arts Commission, three members appointed by the Governor, two members appointed by the President of the Senate, one member appointed by the Minority Leader of the Senate, two members appointed by the Speaker of the House, and one member appointed by the Minority Leader of the House.

The Capitol Preservation Committee will be required to meet at least annually, but no more than four meetings shall be called in any year. Their responsibilities include:

* Approving all proposals for renovations of all areas of the State Capitol, the Capitol Visitor Center, and the grounds surrounding the State Capitol, after January 1, 2013;
* Preserve the proper décor of such areas;
* Assure that any art or artistic displays are historically accurate and have historic significance;
* Determine the location and types of temporary displays and revolving displays in the State Capitol including the Capitol's Visitor Center; and
* Oversee the reconfiguration or redecoration of committee rooms within the State Capitol.

The bill takes effect upon its publication in the Kansas Statute Book.

Governor Mark Parkinson today signed an additional 10 bills, bringing the total number of bills signed during the 2010 Legislative Session to 149.

Concerning district court fines, penalties and forfeitures

S Sub for HB 2226 increases fines assessed on traffic infractions that are on the uniform fine schedule by $15. The revenue created by the increased fine would be distributed as follows:

* 10.94 percent to the Crime Victims Compensation Fund;
* 2.24 percent to the Crime Victims Assistance Fund;
* 2.75 percent to the Community Alcoholism and Intoxication Programs Fund;
* 7.65 percent to the Department of Corrections Alcohol and Drug Abuse Treatment Fund;
* 0.16 percent to the Boating Fee Fund;
* 0.11 percent to the Children's Advocacy Center Fund;
* 2.28 percent to the EMS Revolving Fund;
* 2.28 percent to the Trauma Fund;
* 2.28 percent to the Traffic Records Enhancement Fund;
* 2.91 percent to the criminal justice information system line fund; and
* The remainder to the State General Fund.

The bill takes effect upon its publication in the Kansas Statute Book.

Concerning the secretary of health and environment; relating to office of vital statistics

HB 2454 amends current law on the use of data contained in vital statistical records. The bill requires data from medical research studies conducted for the purposes of reducing morbidity or mortality from maternal, perinatal, and anesthetic causes be provided to the Secretary of Health and Environment. Any statistics or tables resulting from the data would be admissible as evidence in court.

In addition, HB 2454 amends current law so that no employee of the Secretary of Kansas Department of Health and Environment (KDHE) would be prohibited from interviewing any patient named in studies conducted for the above purpose. The bill also authorizes the Secretary of KDHE to permit the use of birth, death, and still birth certificates as identifiable data for purposes of maternal and child health surveillance and monitoring.

Finally, HB 2454 requires that any person offered a position in the Office of Vital Statistics submit to a state and national criminal history record check. The bill takes effect upon its publication in the Kansas Register.

Concerning the division of vehicles; relating to drivers' licenses and identification cards

HB 2482 makes several changes to the law regarding driver's license renewal, graduated driver's license restrictions, and diversion agreements for commercial drivers. In regards to driver's license renewal, HB 2482 makes the following changes:

* Allows the spouse or dependent child living with a person on active military duty outside of Kansas to renew an expiring driver's license without taking an examination;
* Allows a person on active duty living outside of the United States, or that person's spouse or dependent child living with them, to renew by mail once if the person's photograph or digital image is on file;
* The Division of Motor Vehicles would not be required to mail an eyesight examination form, a copy of the written examination, and a copy of the Kansas driver's manual to each person when their license will expire;
* Removes the requirement to take a written examination on highway signs and knowledge of traffic laws in order to renew a license; and
* Removes the requirement that the Division mail written information regarding organ donation to each person whose license or identification card is expiring in 30 days and allows the Division make available that information on an agency website.

HB 2482 also makes changes to the law regarding graduated driver's license restrictions. First, the bill allows a 16-year-old who holds a farm permit or restricted license to drive directly to and from any religious worship service held by a religious organization. Second, the bill allows an adult who has a valid class M driver's license for at least a one year ride as a passenger on a motorcycle operated by the holder of an instruction permit or restricted class M driver's license.

Finally, HB 2482 amends the Kansas Uniform Commercial Driver's License Act regarding diversion agreements so that a person who held a commercial driver's license at the time a violation occurred could not enter into an agreement in lieu of criminal proceedings. The bill takes effect upon its publication in the Kansas Register.

Concerning anatomical gifts; relating to the first person donor registry

HB 2486 amends two sections of the Revised Uniform Anatomical Gift Act. First, the bill amends the requirements of the statewide organ and tissue donor registry so that the listing of an individual's name in the registry constitutes full legal consent to the donation of the individual's organ or tissues upon the individual's death.

Second, the bill permits a donor to amend or revoke an anatomical gift by directly accessing the registry website or notifying the Kansas federally designated organ procurement organization. Additionally, withdrawal of consent to be listed in the registry does not equal refusal to make a gift. The bill takes effect upon its publication in the Kansas Statute Book.

Expanding the Promoting Employment Across Kansas Act

HB 2554 expands the Promoting Employment Across Kansas (PEAK) program in several ways. First, several substantive definitions are added and certain terms redefined. Second, under the current program a company must relocate their entire operations to Kansas to qualify to retain a portion of the company's withholding tax. HB 2554 relaxes that requirement so that a company would be eligible if a portion of their operation expanded or relocated into Kansas.

Third, a current requirement that employees must be compensated at a rate equivalent to at least 100 percent of county average wage would be amended so that the qualifying compensation has to be at least 100 percent of the county "median" wage.

Fourth, the period of time that a company can benefit from PEAK varies depending on the average wage rate paid and the number of employees hired. HB 2554 caps the aggregate amount of benefits for companies already in the state to $4.8 million per fiscal year starting in 2012.

Fifth, under the original PEAK program, companies would be prohibited from participating in the Impact Program -- a separate withholding tax diversion program. HB 2554 would allow a company to qualify for both programs, but not relative to the same employees.

Finally, members of the Legislature would be prohibited from benefiting from the PEAK program until after July 1, 2015, and a Legislative Post Audit will conducted to determine the effectiveness of the program and will be submitted at the outset of the 2015 session. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning emergency communications service

S Sub for HB 2582 amends existing law related to 911 emergency calls. The bill delays provisions in current law that discontinues the wireless enhanced 911 grant fee and the VoIP enhanced 911 grant fee. It delays the abolishment of the wireless enhanced 911 advisory board and grant fund as well as the distribution of the unobligated balance in the grant fund to public safety answering points (PSAPs). In addition, the bill prohibits the use of landline 911 tax moneys and wireless 911 local fee moneys for subscriber radio equipment. The bill takes effect upon its publication in the Kansas Register.

Concerning school districts; relating to the provision of transportation

HB 2595 authorizes a local board of education to provide transportation to any non-resident pupil who is enrolled and attending school in the district. The school district providing the transportation must notify the local board of education where the pupil resides. This bill excludes districts in Johnson, Sedgwick, Shawnee, or Wyandotte counties from exercising the authority granted in the bill.

HB 2595 also removes the requirement that the State Board of Education review and approve new school building plans and renovations or reconstruction. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning the Personal and Family Protection Act

H Sub for SB 306 makes several amendments to Personal and Family Protection Act, which established the concealed carry law. These changes include:

* Change the term "weapon" to "handgun" in the Act;
* Removes a number of current requirements to qualify to carry a concealed handgun;
* Allows a person to carry a concealed handgun while the application is pending if certain criteria are met;
* Eliminates certain requirements for license renewal;
* Reduces the current fees for licensure and renewal
* Eliminates the requirement for fingerprinting of applicants for renewal and adds a requirement for a name-based national criminal records check for renewal;
* Extends the term of a license for 90 days after a person is no longer a resident of Kansas;
* Modifies the provision governing the public and private places a licensee may not carry a concealed handgun, including deleting the prohibition of carrying a concealed weapon on the state fair grounds;
* Excludes parking lots and garages from being included in any public or private facility where a concealed handgun is prohibited;
* Revises the sign prohibiting the concealed carry of handguns.

The bill takes effect upon its publication in the Kansas Statute Book.

Concerning crimes, punishment, and criminal procedure; Department of Corrections

SB 434 amends current law regarding unlawful sexual relation with a person in the custody of a correctional facility, traffic in contraband in a correctional institution or care and treatment facility, the Kansas Offender Registration Act, parole board hearings, and a special rule in sentencing regarding burglary. The bill increases the penalty for unlawful sexual relations and traffic in contraband, and adds the crime of unlawful sexual relations to the list of crimes that require registration under the Kansas Offender Registration Act.

In addition, the bill requires the Kansas Parole Board to review inmates sentenced for a class A or class B felony who have not had a hearing in the five years prior to July 1, 2010 to be granted a hearing by July 1, 2012. Finally, SB 434 requires a sentence of presumptive imprisonment for an offender convicted of a burglary or the attempt or conspiracy to commit a burglary, when the offender has a prior conviction for those charges. The bill takes effect upon its publication in the Kansas Statute Book.

Concerning alcoholic beverages; relating to licenses and eligibility

SB 452 prohibits a person less than 18 years of age who is arrested only for the violation of possessing, consuming, obtaining, purchasing, or attempting to purchase alcoholic liquor or cereal malt beverages from being detained or placed in jail.

SB 452 also changes the issuance of liquor licenses from one-year terms to biennially. The bill also prohibits the issuance of a club or drinking establishment license to a person who does not own the premises for which the license is sought, except for a premise owned by a city or county, or a stadium, arena, convention center, theater, museum, or amphitheater.

The bill also makes several amendments to the Kansas Liquor Control Act including requiring a manufacturer or supplier of alcoholic beverages or cereal malt beverages to acquire an annual packaging and warehousing facility permit. The permit would have an annual fee of $2,500. The bill takes effect upon its publication in the Kansas Statute Book.

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