SENATE BILL 20

This was introduced by the Special Committee on Information Management, and assigned to the Senate Public Health and Welfare Committee. It would establish a new statute providing for limitations on disclosure and use of health information. The bill was re-referred to the Ways And Means Committee, which makes it exempt from all deadlines, and then re-referred back to the Public Health And Welfare Committee.

SENATE BILL 21

This bill was introduced by the Special Committee on Information Management, and assigned to the Senate Transportation and Tourism Committee. It relates to the records of the Division of Vehicles, and places restrictions on the release of some information. 

SENATE BILL 87

This bill was introduced by the Senate Judiciary Committee, and assigned back to the same committee. It amends the civil procedure statutes to delete the figure of $75,000.00 as the highest amount that could be specified in a claim for relief to be the same as is specified in the Federal rules of civil procedure. This would permit Kansas to remain in conformity with the Federal rules without having to frequently amend our statute to conform to changes in the Federal statute. The bill passed the Senate, and was referred to the
House Judiciary Committee. That committee had a hearing on it on March 8, but decided to take no action on it.

SENATE BILL 118

This bill was introduced by Sen. Clark and was referred to the Senate Judiciary Committee. It would provide that notwithstanding any provisions of law to the contrary, no person or entity could be held liable for damages resulting from an act of God. (What about insurance policies?) A hearing was held, but the committee took no action on it.

SENATE BILL 148

This was introduced by and referred back to the Senate Judiciary Committee. It provides that district magistrate judges must have been a resident of the county for at least 6 months prior to being elected or appointed, and must maintain residency in the county while holding office. It is identical to HB 2352, which became law in 1999, and to HB 2329. It was re-referred to the Ways And Means Committee which exempts it from all deadlines, and then referred back to the Judiciary Committee. 

SENATE BILL 181

This bill was introduced by the Senate Judiciary Committee and referred back to that Committee. It relates to determination of criminal history classification, particularly with regard to assault adjudications and convictions. It passed the Senate, and was referred to the House Judiciary Committee. That Committee added a section concerning cruelty to animals. When the bill was debated on the floor, Rep. Feuerborn added a floor amendment concerning K.S.A. 21-3707, the criminal statute relating to giving a worthless check, by adding 2 words, "preexisting debt" to subsection (a), which is the definition portion of that statute. The bill remains in Conference Committee.

SENATE BILL 250

This bill was introduced by the Senate Assessment And Taxation Committee and referred back to that Committee. It relates to sales taxes, and concerns taxation of contractor and subcontractor services and materials. As written, it does not concern our groups. It is a bill to be watched as it goes through the legislative process to make sure that there is no attempt to amend the bill to make professional services subject to sales tax. This bill is exempt from all deadlines.

SENATE BILL 259

This bill was introduced by the Senate Committee on Financial Institutions and Insurance, and referred to the Senate Public Health And Welfare Committee. It concerns insurance companies, and deals with the privacy of medical records, and enacts the Health Information Privacy Act. Our concern in prior sessions concerning this type of legislation is that in the interest of protecting privacy, such legislation might make it difficult to obtain information needed for collection activities. It was re-referred to the Ways And Means Committee which exempts it from all deadlines, and then referred back to the Public Health And Welfare Committee.

SENATE BILL 264

This bill was introduced by the Senate Judiciary Committee, and referred to that Committee. It concerns the Consumer Protection Act, and prohibits the assignment of support rights in consumer transactions.

SENATE BILL 282

This bill was introduced by the Senate Committee on Elections and Local Government, and referred to the Senate Judiciary Committee. It is identical to SB 97, which became law in 1999, and also to HB 2360, providing authority for corporations to be represented in small claims courts by an officer or by anyone designated by corporate resolution. 

SENATE BILL 286

This bill was introduced by the Senate Committee on Federal and State Affairs, and referred to the Senate Judiciary Committee. It provides for expedited eviction procedures. This bill is exempt from all deadlines.

SENATE BILL 299

This bill was introduced by the Senate Judiciary Committee and referred back to that committee. It provides a procedure to move hearings and trials, without changing venue, from a courthouse that does not conform to section 11 of the Americans with disabilities act to a courthouse that does conform. It has been re-referred to the Senate Federal And State Affairs Committee, which means that it is exempt from all deadlines. The committee amended the bill to make the decision to move the hearing or trial permissive on the judge, rather than mandatory. It passed the Senate, and has been assigned to the House Judiciary Committee. 

SENATE BILL 383

This bill relates to identity theft, and was introduced by the interm Judiciary Committee, and assigned to the Senate Judiciary Committee. The bill would increase the penalty for identity theft from a class A person misdemenor to a severity level 7, person felony. It would also provide for an aggrevating factor to be the degree of economic harm or loss attributed to the current crime of conviction was significantly greater than typical for such an offense. 

SENATE CONCURRENT RESOLUTION 1603

This was introduced by the Special Committee on Information Management, and assigned to the Senate Federal and State Affairs Committee. It urges Congress to pass the Freedom And Privacy Restoration Act of 1998. This Resolution is exempt from all deadlines.
 

HOUSE BILL 2018

This was introduced by the Special Committee on Information Management and assigned to the House Governmental Organizations and Elections Committee. It would create a new statute which would prohibit any state agency from accepting for any identification-related purpose any identification number which another state agency already accepts for an identification-related purpose. 

HOUSE BILL 2019

This was introduced by the Special Committee on Information Management, and assigned to the House Judiciary Committee. It relates to criminal statutes, amending the eavesdropping statute, repealing the present breach of privacy statute, and combines the two into one crime known as invasion of privacy.

HOUSE BILL 2083

This bill was introduced by the House Judiciary Committee and referred back to that Committee. It amends the statute relating to collection of debts owed to courts and restitution ordered by courts, and the authority of the Attorney General to contract for collection services. It provides that the cost of collection be paid by the defendant as an additional court cost, and that the cost of collection shall be deemed an administrative fee make necessary by the defendant’s failure to pay the court debt and restitution. The contents of the bill are in House Substitute for SB 306, which has been signed by the Governor.

HOUSE BILL 2192

This bill was introduced by the House Committee on Financial Institutions, and referred back to that Committee. It would provide any trustee who has the duty or power to pay the debts of a person who has died shall give notice to creditors, in much the same manner as notice to creditors is required in probate proceedings. It has passed the House, and has been referred to the Senate Judiciary Committee.

HOUSE BILL 2209

This is the bill which was introduced by the House Judiciary Committee at our request, to eliminate the prohibition against wage garnishment on assigned accounts. It was assigned to the House Business, Commerce And Labor Committee. It was passed by the Committee, and initially placed on the House consent calendar. However, it was removed from the consent calendar, and was on the regular calendar for debate. Unfortunately, during debate Rep. Bob Grant made a motion, which prevailed, to re-refer it to the House Judiciary Committee.

HOUSE BILL 2323

This bill was introduced by the Committee on Governmental Organization and Elections, and referred back to that Committee. It provides that no state agency may refuse payment of fees paid by personal check. It does give a state agency authority to impose additional fees and recover any cost incurred by reason of payments made by personal checks with insufficient funds.

HOUSE BILL 2329

This was introduced by the House Judiciary Committee, and referred back to that Committee. It provides that a District Magistrate Judge must be a resident of the County for which elected or appointed to serve at the time of taking the oath of office and shall maintain residency in the County while holding office. It is identical to HB 2352, which became law in 1999, and to SB 148. 

HOUSE BILL 2336

This was introduced by Rep. Swenson and referred to the House Judiciary Committee. It amends K.S.A. 20-3133 relating to clerks of the district court to provide that the clerk or deputy may assist the public in locating legal forms, and provides that such assistance shall not constitute the practice of law. 

HOUSE BILL 2342

This was introduced by Rep. Lightner and 13 other Representatives relating to making Roth IRAs exempt from claims of creditors, and was referred to the House Judiciary Committee. It is identical to SB 143, which became law in 1999. 

HOUSE BILL 2343

This was introduced by the House Committee on Utilities, and referred back to that Committee. It amends the statute concerning consumer protection and relates to telecommunications services. It would prohibit any supplemental telecommunications services being added to a consumer’s account without having the express authorization of the consumer. 

HOUSE BILL 2345

This was introduced by Rep. Freeborn, by request, and assigned to the House Judiciary Committee. It would require employers to inform any newly hired employee that an employer is only required to pay an employee for 90 days of back pay, of not more than $4,000.00 for such back wages, if the employer files for bankruptcy. It would further provide that any person who files bankruptcy and utilizes the exemptions pursuant to article 23 of Chapter 60 shall be required to hire a CPA to annually audit that person’s finances for seven years following the filing of the bankruptcy. It also amends K.S.A. 60-2304 to reduce the value of a means of conveyance that is exempt from $20,000.00 to $6,000.00. The first section of this bill was added as a floor amendment to House Substitute for SB 306, but it was deleted by the Conference Committee.

HOUSE BILL 2359

This bill was introduced by Rep. Minor and referred to the House Judiciary Committee. It amends the statutes concerning small claims procedure to raise the maximum amount that can be sought in a small claims procedure from $1,800.00 to $2,500.00; and increases the number of small claims that may be filed by any person in any calendar year from 10 to 20. 

HOUSE BILL 2360

This bill was introduced by Rep. Minor and referred to the House Judiciary Committee. It is identical to SB 97, which provides that a corporation may be represented in small claims court by an officer of the corporation or by an agent designated by corporate resolution; SB 97 is in Conference Committee.

HOUSE BILL 2364

This was introduced by Rep. Adkins and referred to the House Judiciary Committee. It provides that neither the home telephone number nor the home address of a candidate for election or retention as judge shall be disclosed by any election officer 

HOUSE BILL 2372

This was introduced by and referred back to the House Judiciary Committee. It would raise the mandatory retirement age for judges from 70 to 75. 

HOUSE BILL 2448

This was introduced by and referred back to the House Judiciary Committee. It provides that upon the approval and filing of a supersedeas bond, any judgment lien shall be discharged and released. 

HOUSE BILL 2450

This was introduced by and referred back to the House Judiciary Committee. It would eliminate the review of the budget of the judicial branch by the state budget director. The chief justice would continue to submit the judicial budget to the budget director, but the chief’s request would be sent to the legislature in the annual budget document without change by the director. The committee made technical amendment. When the bill was debated, it was referred back to the Judiciary Committee. 

HOUSE BILL 2499

This bill was introduced by the House Judiciary Committee and referred back to that committee. It relates to the to the election of District Court Judges and District Magistrate Judges. It would provide that all District Judges and District Magistrate Judges would be elected rather than appointed, and further provides that all such judges would be elected on a non-partisan basis. 

HOUSE BILL 2528

This bill was introduced by the House Committee On Appropriations, which is an exempt committee, making the bill exempt from all deadlines, and referred to the House Judiciary Committee. It amends K.S.A. 60-260 relating to civil procedure, specifically Motions For Relief. It would provide that motions to set aside an order of forfeiture and allocation of forfeited property pursuant to K.S.A. 60-4117, shall be made not more than one year after such order was entered.

HOUSE BILL 2601

This bill would expand the number of Judges on the Court Of Appeals from ten to fourteen. It was introduced by the interm Judiciary Committee, and assigned to the House Judiciary Committee. A hearing has been scheduled for 3:30 on Wednesday, January 19. 

HOUSE CONCURRENT RESOLUTION 5006

This was introduced by the Special Committee on Information Management, and assigned to the House Judiciary Committee. It urges Congress to pass the Medical Privacy Act of 1998.