Legislative Issues

The 2013 Kansas Legislature convened on Monday, January 14, 2013. The 2013 session runs for 90 days until approximately mid-April. All bills must pass their house of origin on or before March 1, 2013 (with some exceptions) or they are dead for the session. All bills must pass the opposite house from origin on or before March 27, 2013. All Bills must be considered for final action (other than bills from “exempt” committees) on or before April 5, 2013, when the Kansas House and Senate take “first adjournment.” The Legislature returns for its Veto Session on April 24, 2013.

The following family law and related bills are now pending in the 2013 Kansas Legislature:

House:

HB2008: Amending the statute of limitations for prosecution of sexually violent offenses where the victim is under 18 years of age. (DEAD)

HB2014: Revoking the rights of a spouse to claim beneficiary rights under insurance and non-federal retirement plans upon entry of divorce. (PASSED HOUSE 119-0)(HELD OVER)

This bill provides that beneficiary rights of a spouse for insurance policies, non-federally protected retirement plans and accounts, and other accounts with beneficiary designations automatically terminate upon entry of a decree of marriage dissolution (divorce or annulment). The bill originated from a proposal recommended by the Kansas Judicial Council. The Kansas House passed the bill (as amended by the House Judiciary Committee) on February 20, 2013 by a vote of 119-0. The Committee amendment inserted the following language, “if the decree of divorce or annulment specifies any interests of the former spouse described in this subsection which are to be revoked or severed” after language terminating the beneficiary rights, which changed the proposed statute from an automatic termination of beneficiary rights, to one where those rights are terminated only if the divorce decree states that beneficiary rights are terminated.

The bill was introduced into the Kansas Senate, where the Senate Judiciary Committee heard testimony on March 13, 2013, passing it out of committee without further amendments. The bill was put onto the Senate Calendar for debate, but passed over retaining its place on the Calendar for later consideration.

HB2015: Removing items gifted by a spouse from definition of “separate property” during marriage. (PASSED HOUSE 116-8)(PASSED SENATE 38-2)(CONFERENCE COMMITTEE)(SENATE ADOPTED CCR 38-1)(HOUSE ADOPTED CCR 117-4)(GOVERNOR SIGNED ON MAY 22, 2013)
(EFFECTIVE JULY 1, 2013)

This bill removes the words “except from a person’s spouse” as an exception to the Kansas statute  providing that any gifts given to a person during that person’s marriage is “separate property” notwithstanding the marriage. By removing the exception, the amendment includes in the list of separate property any gifts given to a person who is married even when that gift is from the person’s spouse. The purpose is to make sure that gifts received may not be attached as the other spouse’s property by a creditor during the marriage. The amendment does not affect the power of a court in a dissolution matter from considering and equitably dividing all property owned by the couple even if it is “separate property.” The bill was recommended by the Kansas Judicial Council and supported by the Kansas Bar Association. The Kansas House passed the bill (without amendment) 116–8 on February 12, 2013. The bill was introduced to the Kansas Senate and referred to the Senate Judiciary Committee on February 13, 2013.

The bill was introduced into the Kansas Senate, where the Senate Judiciary Committee heard testimony on March 13, 2013, passing it out of committee with an amendment merging into HB2015 the contents of HB2259, technical amendments to the Kansas Revised Family Law Code on service of process in divorce. On final emergency action on March 21, 2013, the Senate passed the bill 38-2.

On March 25, 2013, the House voted to non-concur in the Senate Amendments, sending the bill to Conference Committee.

The Conference Committee adopted the Senate amendments to the House bill, also adding the contents of SB125 , to make needed changes to Kansas statutes for compliance with federal child support laws, provide for the use of required federal income withholding forms. Added language would also require all child support paid through the Kansas Payment Center be distributed on a pro-rata basis first to families with current support, next to families with arrears (including both arrears owed to the state and to a parent). This change would only affect child support payments for child support obligors who have child support obligations to different children in more than one household.

The bill also would allow an income withholding order to attach to a “lump sum payment,” which would include bonuses, commissions, vacation or other leave time payments, or any other payment to an obligor.

See Conference Committee Report.

The Senate adopted the Conference Committee Report on April 5, 2013, on a vote of 38-1. On May 10, 2013, the House adopted the Conference Committee Report, sending the bill to Governor Brownback for signing.

HB2016: Repeal of one judge for each county requirement, and allowing for judicial reassignment between judicial districts. (DEAD)

HB2019: Repealing merit selection of appeals court judges and allowing the governor to select judges with later senate confirmation. (PASSED HOUSE 73-50)(PASSED SENATE 28-12)(GOVERNOR SIGNED ON MARCH 27, 2013)(EFFECTIVE JULY 1, 2013)

This bill would allow the Governor, with the “consent” of the Kansas Senate, to appoint a “qualified person” to fill any vacancy of the Kansas Court of Appeals and do away with merit selection of Kansas Court of Appeals judges. This bill, together with others being considered by the Kansas Legislature in the 2013 Legislative Session is a direct assault on judicial independence. It’s clear intent is to allow the Governor to choose judges to his own liking, without regard to any objective or independent criteria of quality, knowledge, or independence. On March 1, 2013, the Kansas House voted 73-50 to pass the bill.

Kansas House members who voted in favor of this bill:

Yeas: Barker, Bideau, Boldra, Bradford, Bruchman, Brunk, Couture-Lovelady, Campbell, Carlson, Carpenter, Cassidy, Christmann, Claeys, Corbet, Crum, DeGraaf, Dove, Edmonds, Edwards, Esau, Ewy, Gandhi, Garber, Goico, Gonzalez, Grosserode, Hedke, Hermanson, Highland, Hildabrand, Hoffman, Houser, Howell, Huebert, Hutton, Johnson, Jones, Kahrs, Kelley, Kinzer, Kleeb, Lunn, Macheers, Mast, McPherson, Meigs, Merrick, Montgomery, O’Brien, Osterman, Peck, Petty, J. Powell, Proehl, Read, Rhoades, Rothlisberg, Rubin, Ryckman Jr., Ryckman Sr., Schroeder, Schwab, Schwartz, Seiwert, Shultz, Suellentrop, Sutton, Swanson, Thimesch, Todd, Vickrey, Waymaster, Weber.

Kansas House members who voted against this bill:

Nays: Alcala, Alford, Ballard, Becker, Bollier, Bridges, Burroughs, Carlin, Clayton, Concannon, Davis, Dierks, Dillmore, Doll, Finch, Finney, Frownfelter, Grant, Hawkins, Henderson, Henry, Hibbard, Hill, Hineman, Houston, Jennings, Kelly, Kuether, Lane, Lusk, Meier, Menghini, Moxley, Pauls, Perry, Peterson, Phillips, Rooker, Ruiz, Sawyer, Sloan, Sloop, Tietze, Trimmer, Victors, Ward, Weigel, Whipple, Winn, Wolfe Moore.

The bill was introduced in the Senate on March 1, 2013, where the Body was so eager to pass it that it was referred to the Senate Committee of the Whole (instead of a standing committee). The bill passed on final action 28-12, with the following voting aye and nay:

Yeas: Abrams, Apple, Arpke, Bowers, Bruce, Denning, Donovan, Fitzgerald, Holmes, Kerschen, King, Knox, LaTurner, Longbine, Love, Lynn, Masterson, Melcher, O’Donnell, Olson, Ostmeyer, Petersen, Pilcher-Cook, Powell, Pyle, Smith, Tyson, Wagle.

Nays: Emler, Faust-Goudeau, Francisco, Haley, Hawk, Hensley, Holland, Kelly, McGinn, Pettey, V. Schmidt, Wolf.

The bill was enrolled and presented to the Governor on March 19, 2013, who signed it on March 27, 2013. The change is effective July 1, 2013.

HB2020: Political selection of appeals court judges, repeal of merit selection. (DEAD)

HB2081: Forfeiture of property for violations for violation of certain criminal acts Revising statutes on filing poverty affidavits seeking excuse from payment of filing fees.  (PASSED SENATE 40-0)(PASSED HOUSE 119-0)(CONFERENCE COMMITTEE)(HOUSE ADOPTED CCR 121-0)(GOVERNOR SIGNED ON MAY 22, 2013)(EFFECTIVE JULY 1, 2013)

This bill originally contained amendments to Kansas statutes providing for the forfeiture of property used in certain criminal actions identified in the statutes. The House-Senate Conference Committee switched the bills content. This bill (HB2081) now contains the contents of a few other bills, including SB20 which likewise had former SB18 merged into it.

Among the changes included in this bill is language amending the procedures for filing civil actions using a poverty affidavit in lieu of paying the otherwise required docket fee. The bill allows a court to issue an order authorizing the filing of a petition and establishing the amount of the filing fee to be paid. The bill also requires the plaintiff to set forth a factual basis upon which would the inability to pay the docket fee would be based and to provide financial information in the affidavit, which would then be sworn by the plaintiff.  Some provisions require a court to (1) authorize the filing of a petition if the filing party was submitting a poverty affidavit and then (2) dismiss the petition if the court finds the filing frivolous, malicious, or brought in bad faith, fails to state a claim on which relief may be granted, or it seeks monetary relief against an immune defendant.

The bill also amends existing law concerning the conditions under which a temporary restraining orders may be issued without notice or bond. The bill establishes conditions under which a court can issue restraining orders, and requires that orders issued without notice: 1. State the date and hour it was issued; 2. Describe the injury and state why it is irreparable; 3. State why the order was issued without notice; and 4. Be promptly filed in the clerk’s office and entered into the record.

In addition, the bill “clarifies that an existing exception for mortgages covering single- or two-family dwellings owned by or held in trust for natural persons is applicable only when held in trust by natural persons owning or holding the dwelling as their residence,” and adds to the list of conduct and offenses giving rise to civil forfeiture to include indecent solicitation of a child, aggravated indecent solicitation of a child, and sexual exploitation of a child. See Final Legislation Summary

HB2205: Adoption hearings, waiver of minimum 30 day period (PASSED HOUSE 123-0)(PASSED SENATE 40-0)(GOVERNOR SIGNED ON APRIL 4, 2013)(EFFECTIVE JULY 1, 2013)

This bill would provide that an adoption may be heard by the court at anytime before 60-days after the filing of a petition for adoption (removing the limitation that it must be within 30 to 60 days after the petition filing date). The House Judiciary Committee heard testimony on the bill February 13, 2013 and amended the bill to allow waiver of any hearing time limits in some adoption proceedings (e.g. stepparent and independent adoptions). The Kansas House passed the bill (as amended by the House Judiciary Committee) on March 1, 2013 by a 123-0 vote sending it on to the Kansas Senate.

The bill was introduced into the Kansas Senate, where the Senate Judiciary Committee heard testimony on March 19, 2013. On March 20, 2013, the Commitee passed the bill out of committee without amendment, recommending that it be placed on the Senate Consent Calendar. On March 26, 2013, the Senate passed HB2205, 40-0, sending it on to the Governor for signature. The Governor signed the bill on April 4, 2013, with the change effective July 1, 2013.

HB2233: “Protective Parent Reform Act” (DEAD)

This bill would make major changes to the way in which child custody evaluations, investigations, and court decisions could be made in Kansas. It is a bad bill. This bill has been proposed on a national scale by parents’ groups dissatisfied with the results of their own cases. The bill is a compilation of complaints by those parents about what they see as the cause for them not obtaining “custody” of their children in their own bitter custody battles. The bill would limit the ability of courts to hear information about what would serve children’s best interests, it would encourage parents to assert that the other parent had abused or neglected the parties’ child (and then restrict the ability of the court to deal with false allegations), it would limit to one the interviews of a child (even if the initial interview was poorly done or inadequately documented). The bill was previously introduced into the 2012 Legislative session, dying in committee. The bill is scheduled for hearing on February 25, 2013 in the House Committee on Children and Seniors. It is strongly opposed by the Kansas Bar Association, the Kansas Chapter of the Children’s Advocacy Centers, and other child welfare and child advocacy organizations.

HB2252: Amending the statute of limitations for rape (PASSED HOUSE 123-0)(PASSED SENATE 40-0)(GOVERNOR SIGNED APRIL 1, 2013)(EFFECTIVE JULY 1, 2013)

This bill would allow a prosecution for rape or aggravated criminal sodomy to be commenced at any time. Additionally, the bill would allow for prosecution of a sexually violent crime to commence within ten years when the victim is 18 years old or older. The bill passed the Kansas House on March 1, 2013, 123-0.

The bill was introduced in the Kansas Senate and referred to the Senate Judiciary Committee. No hearings were held, with the Committee recommending passage on the same day as referral. The Senate passed the bill on March 14, 2013, 40-0, sending it to the Governor for approval.

HB2254: Determination of paternity, including father’s name on birth certificate. (DEAD)

This bill was set for hearing in the House Judiciary Committee on February 25, 2013. It was not worked, and died in committee.

HB2259: Service of process in divorce actions (PASSED HOUSE 123-0) (Senate merged contents into HB2015)

This bill was introduced to correct a mistake in reference when the changes creating the Revised Kansas Family Law Code was passed by the 2012 Legislature. The bill makes one slight change, referencing the method for service of process in Chapter 60, Article 3 (rather than Chapter 23, Article 3 as was included in the 2012 statute). This bill was heard by the House Judiciary Committee on February 19, 2013. The Committee recommended its passage by the full House on the Consent Calendar, passing the House on a 123-0 vote on February 27, 2013.

The bill was introduced into the Kansas Senate, where the Senate Judiciary Committee heard testimony on March 13, 2013. The Senate committee decided to merge the contents of #HB2259 into , passing it out of committee with an amendment merging into HB2015.

HB2316: Allowing assessment of fees for Court Appointed Special Advocate appointments. (DEAD)

Senate:

SB4: Amending the statute of limitations for prosecution of sexually violent offenses where the victim is under 18 years of age. (DEAD)

SB8: Creating the Kansas commission on judicial qualifications. (PASSED SENATE 28-11)

SB18: Revising statutes governing issuance of temporary and permanent civil restraining orders. (PASSED SENATE 39-1)House (merged contents into SB20)

SB 18 would amend existing law concerning the conditions under which a temporary restraining order can be issued without notice or bond. The bill would establish the conditions under which the court could issue this restraining order, and would require orders issued without notice to: 1. State the date and hour it was issued; 2. Describe the injury and state why it is irreparable; 3. State why the order was issued without notice; and 4. Be promptly filed in the clerk’s office and entered into the record. The Senate passed the bill 39-1 on January 29, 2013.

The bill was introduced into the House on the following day and referred to the Judiciary Committee, where it was merged into SB20 and passed that bill.

SB20: Revising statutes on filing poverty affidavits seeking excuse from payment of filing fees. Forfeiture of property for violations for violation of certain criminal acts (PASSED SENATE 39-1)(PASSED HOUSE 119-0)(CONFERENCE COMMITTEE)(HOUSE ADOPTED CCR 119-1)(SENATE ADOPTED CCR 38–0)(GOVERNOR SIGNED ON MAY 30, 2013)(EFFECTIVE JULY 1, 2013)

Originally, SB20 would have amended current law regarding poverty affidavits in lieu of a docket fee. The bill would allow the court to issue an order authorizing the filing of a petition and establishing the amount of the filing fee to be paid. The bill would also require the plaintiff to set forth a factual basis upon which would the inability to pay the docket fee would be based and to provide financial information in the affidavit, which would then be sworn by the plaintiff. The Senate passed the bill 39-1 on January 30, 2013.

The bill was introduced into the House on the following day and referred to the Judiciary Committee, where SB18 (instituting new requirements for poverty affidavits) and SB20 were combined into SB20. In addition, the House Judiciary Committee amended the provisions in SB20 by striking provisions that would require a court to (1) authorize the filing of a petition if the filing party was submitting a poverty affidavit and then (2) dismiss the petition if the court finds the filing frivolous, malicious, or brought in bad faith, fails to state a claim on which relief may be granted, or it seeks monetary relief against an immune defendant.

The House passed the bill by a vote of 119-0 on March 22, 2013. On March 25, 2013, the Senate non-concurred in the House Amendments, sending the bill to Conference Committee.

The Conference Committee removed the contents of the original SB20 (gutting the previous bill), replacing those contents with the contents of HB2081, which dealt with the f

orfeiture of property for violations of certain criminal acts.

On May 9, 2013, the House adopted the Conference Committee Report on a vote of 119-1.

See Conference Committee Report The Governor signed the bill on May 30, 2013, with an effective date of July 1, 2013.

SB125: Enforcement of support orders; income withholding, consistency with federal law. (PASSED SENATE 40-0)(Conference Committee merged contents into HB2015)

This bill would require that all child support paid through the Kansas Payment Center be distributed on a pro-rata basis first to families with current support, next to families with arrears (including both arrears owed to the state and to a parent). This change would only affect child support payments for child support obligors who have child support obligations to different children in more than one household. In addition, the bill clarifies the use of the Income Withholding Act to collect support in collections from unemployment benefits and lump sum payments. Finally, the bill would make needed changes to Kansas statutes to require the use of federally required income withholding forms. The Senate Judiciary Committee heard testimony about the bill on February 20, 2013, amending it to change the effective date for a new section relating to distribution of support based upon Title IV-D requirements from July 1, 2014 to July 1, 2015. The Senate passed the bill 40-0.

The House Judiciary Committee heard testimony about the bill on March 12, 2013. The Conference Committee merged the bill’s contents into HB2015)

SB159: Relating to reports of neglect and abuse, requiring reports be made to Department of Children and Families and local law enforcement agency. (DEAD)

SB246: Reconciling amendments made by multiple bills in 2013 legislative session. (PASSED SENATE 40-0)(PASSED HOUSE 111–0)(SIGNED BY GOVERNOR)(EFFECTIVE JULY 1, 2013)

Concurrent Resolutions Proposing Amendments to the Kansas Constitution:

HR5019: Relating to Attacks on the Courts: Allowing the governor to appoint supreme court justices and court of appeals judges, subjecting nominations to senate confirmation, with lifetime terms and abolishing the supreme court nominating commission

SCR1601: Constitutional amendment revising article 3, relating to the judiciary; allowing the governor to appoint supreme court justices and court of appeals judges, subject to senate confirmation; abolishing the supreme court nominating commission. (PASSED SENATE 28-12)

SCR1605: Constitutional amendment revising article 3, relating to the judiciary; placing the court of appeals into the constitution; changing the membership of the supreme court nominating commission. (DEAD)