2006 Legislative Wrap Up

• Jurisdiction: Kansas,United States
• Citation: Vol. 75 No. 7 Pg. 28-31
• Pages: 28-31
• Publication year: 2006

Kansas Bar JournalVolume 75.

75 J. Kan. Bar Assn. 7, 28-31 (2006). 2006 Legislative Wrap Up

Kansas Bar Journal
75 J. Kan. Bar Assn. 7, 28-31 (2006)

2006 Legislative Wrap Up

By James W. Clark

The following bills were passed during the regular 2006 Legislative Session. Except where otherwise indicated, all bills were effective July 1.

ADMINISTRATIVE

HB 2608 would require hearings of the new Health Policy Authority to follow Kansas Administrative Procedure Act (KAPA).

SB 361 exempts from KAPA the review of Kansas Department of Health and Environment action on variance of emission standards, and allows direct appeal to the Court of Appeals, effective on publication in Kansas Register (4/13).

CIVIL PROCEDURE

HB 2610, a Judicial Council proposal, establishes a general Code of Civil Procedure long-arm jurisdiction statute, in lieu of special ones found under insurance or other codes. It clarifies the effect of the long-arm statute to provide personal jurisdiction of a person outside the state where there was "substantial, continuous, and systematic contact" with Kansas "if consistent with the constitutions of the United States and of this state."

CONSUMER

HB 2159 amends the collision damage waiver portion of the Kansas Consumer Protection Act to redefine who is the authorized driver and adds exclusions to coverage for misconduct by renter. Also creates a presumption of no liability for loss due to theft.

HB 2485 prohibits certain acts by notaries public, and requires a notice that the notary is not authorized to practice law, if advertising in language other than English. (The bill is specifically designed to avoid confusion by immigrants/tourists from Spanish-speaking countries.) Penalty is loss of certificate for life, declared a deceptive act under the Consumer Protection Act, and/or a class B misdemeanor.

COURTS

SB 180, was initially a bill to make up with a legislatively-imposed docket fee, but the funding was lost with repeal of the $5 surcharge imposed by the Supreme Court. However, the docket fee was placed into another bill, leaving only the legislative policy statement that imposing fees is a legislative prerogative only.

House Sub. SB 337 increases judicial salaries, with the exception of Supreme Court justices. Magistrates and district judges get a $9,000 increase, but no cost-of-living allowance (COLA), Court of Appeals gets $2,000 with COLA, and Supreme Court gets only COLA. Bill also establishes judicial performance evaluation system for merit selected judiciary through the Judicial Council. Finally, bill establishes funding for child exchange and visitation centers. All funding is from increased docket fees (i.e., expungements now $100, Ch. 59 cases increased $2, and Ch. 60 increased from $106 to $147). *HB 2529 (below) passed during sine die amends Sections 11 and 14 of the bill, increasing docket fees in criminal cases.

SB 404 includes Sedgwick County Law Library in sales tax exemption for law libraries located within courthouses.

SB 407 gives counties the option of setting juror fees between $10 and $50 per day.

SB 505 allows free electronic access to court records for indigent defendants, including contract attorneys. Also authorizes Judiciary Technology Fund to develop free statewide electronic access to court records, and allows counties to provide access to court...