Feature Article: 2011 Legislative Update bitual offenders. The bill also requires the use of an interlock system after the first DUI conviction and increases the penalties for multiple DUI offenses. SB 9, Amendments to the Code of Civil Procedure SB 9 is a cleanup bill from last session’s in-depth changes to the code of civil procedure. This bill was signed into law by the governor on April 17. SB 12, Earned Income Tax Credit Exemptions SB 12 allows an individual debtor in a bankruptcy proceeding to exempt the debtor’s right to an earned income tax credit (EITC) for one tax year. The bill does not limit the availability of the EITC for payment of child support or spousal maintenance. House Sub. for SB 23, Children’s Issues House Sub. for SB 23 amends the Kansas Code for Care of Children and the Kansas Juvenile Justice Code requiring the board of education of a school district to award a high school diploma to any person requesting a diploma if the person is at least 17 years of age, is enrolled or resides in such school district, is or has been a child in the custody of the Department of Social and Rehabilitation Services or Juvenile Justice Authority after turning 14 years of age, and has achieved the minimum high school graduation requirements adopted by the State Board of Education. The bill further amends the revised Kansas Code for Care of Children to automatically make a grandparent an interested party in a child in need of care proceeding. Finally, the bill establishes a statutory right to jury trial for juvenile offenders and provides a jury trial procedure within the revised Kansas Juvenile Justice Code. House Sub. for SB 63, Court Costs; Attorney-Client Privilege and Work-Product Protection House Sub. for SB 63 amends the duties of a court clerk by removing the requirement that the clerk initial the date, time stamp each paper, and keep the papers in a wrapper or folder. The bill also gives the Kansas Supreme Court, rather than the chief judge of a district court, the authority to order that records and information of the district court be kept in a computer information storage and retrieval system. The bill clarifies that court costs may be assessed under the Asset Seizure and Forfeiture Act. Finally, the bill provides certain safeguards against waiver of attorney-client privilege or workproduct protection.
Bruce Nystrom, PhD Licensed Psychologist
River Park Psychology Consultants, LLC www.riverparkpsych.com 727 N. Waco, Suite 320 Wichita, KS 67203 telephone: (316) 616-0260 • fax: (316) 616-0264 26 July/August 2011 | The Journal of the Kansas Bar Association
SB 24, Domestic Relations Recodification Act The Domestic Relations Recodification Act reorganized the domestic relations code into one chapter. This bill has passed both chambers and was signed by the governor on April 7. HB 2254, Covenant Marriage In 2010, the Domestic Relations Recodification Act was amended to include a provision concerning covenant marriages. As such, the Act stalled. In 2011, proponents of covenant marriage introduced a standalone bill aimed at creating a second type of marriage. The KBA Family Law Section opposed this proposal, and it did not survive the House of Origins deadline. SB 98, Removing Tax Exemptions from Various Professions SB 98 was introduced by Sen. Dick Kelsey (R-Goddard) very early in the session. However, given the controversial nature of the proposal, no hearings were held. The bill did not survive the “turnaround” deadline. HB 2010, Civil Forfeiture HB 2010 adds embezzlement, mistreatment of dependent adult, worthless checks, forgery, making a false statement, criminal use of a financial card, unlawful acts concerning computers, identity theft, and electronic solicitation to the list of offenses giving rise to civil forfeiture pursuant to the Kansas Asset Seizure and Forfeiture Act. HB 2027, Rules and Regulations Filing Act HB 2027 amends K.S.A. 77-415 by removing the definition of “rule and regulations” and replaces it with a simpler definition. It also expands the definition of “person” to include individuals, companies or other legal commercial entities. HB 2028, Kansas Uniform Trust Code HB 2028 creates a new section in the Kansas Uniform Trust Code giving the trustee of a trust an insurable interest in the life of an individual insured under a life insurance policy owned by the trustee acting in a fiduciary capacity or that designates the trust itself as the owner under certain circumstances. Pursuant to the bill, the trustee has an insurable interest if, when the policy is issued, the insured is either a settlor of the trust or an individual in whom a settlor of the trust has, or would have had, if living at the time the policy was issued, an insurable interest. HB 2029, Kansas Tort Claims Act HB 2029 adds ultrasound technologists working under the supervision of a person licensed to practice medicine and surgery to the list of persons included in the definition of “charitable health care providers” for the purposes of the Kansas Tort Claims Act. The bill requires ultrasound technologists to be registered in any area of sonography credentialed through the American Registry of Radiology Technologists, the American Registry for Diagnostic Medical Sonography, or Cardiovascular Credentialing International. HB 2038, Departure Sentence Hearings in Felony Cases HB 2038 amends 2010 Session Laws Ch. 136, Sec. 298, concerning hearings to consider a departure sentence in felony cases. (2010 Session Laws Ch. 136 recodifies the Kansas www.ksbar.org