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Governor Vetoes Raffle Bill Over Constitutionality Concerns

Press Release

Location: Topeka, KS

Kansas Governor Sam Brownback vetoed House Bill 2120 Thursday afternoon because of concerns regarding the constitutionality of the legislation.

"Many concerns have been expressed regarding the constitutionality of House Bill 2120. Upon careful review, I agree the language in this legislation violates Article 15, Section 3 of the Kansas Constitution. However, I support the Legislature's policy goal of permitting certain limited raffles for charitable purposes. As such, I encourage the Legislature to consider a constitutional amendment to accomplish this goal," Governor Brownback wrote in his veto message to the Kansas Legislature.

In addition to permitting raffles for charitable purposes, HB 2120 also would have amended the state's criminal code concerning the Kansas Bureau of Investigation's collection of DNA samples and a special sentencing rule related to firearms.

This is the second bill Governor Brownback has vetoed this session. He vetoed Senate Bill 37 last month which would have repealed the sunset of the Kansas Home Inspectors Professional Competence and Financial Responsibility Act that is set to expire on July 1, 2013.

The Governor also signed six other bills into law, bringing the total number of bills signed during the 2013 Legislative session to 126.

-HB 2081 amends the Kansas Consumer Protection Act and the Kansas Code of Civil Procedure in the areas of temporary restraining orders and temporary injunctions; poverty affidavits; redemption of real property; and civil forfeiture.

-HB 2015 among other things, amends the law concerning the property ownership when a marriage is dissolved and amends the law related to the distribution of child support.

-HB 2115 removes requirements that a retired judge enter into a written agreement with the Kansas Supreme Court in order to work for the courts.

-HB 2204 extends the judicial surcharge to fund non-judicial personal for two years.

-HB 2218 amends several laws concerning the crime of driving under the influence, including requiring an officer to request alcohol or drug testing when the officer has reasonable grounds to believe the person was driving under the influence.

-HB 2261 creates the "Celebrate Freedom Week" in public schools, continues to allow school districts to use unencumbered funds for certain general operating expenses and amends current law related to school districts' bullying policies to include staff members.

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