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AN ACT concerning punishment for crimes; amending K.S.A. 1996 Supp.
  21-4603d, 44-508 and 75-6102 repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 Supp. 21-4603d is hereby amended to read
as follows: 21-4603d. (a) Whenever any person has been found guilty of
a crime, the court may adjudge any of the following:
  (1)  Commit the defendant to the custody of the secretary of correc-
tions if the current crime of conviction is a felony and the sentence pre-
sumes imprisonment, or the sentence imposed is a dispositional departure
to imprisonment; or, if confinement is for a misdemeanor, to jail for the
term provided by law;
  (2)  impose the fine applicable to the offense;
  (3)  release the defendant on probation if the current crime of con-
viction and criminal history fall within a presumptive nonprison category
or through a departure for substantial and compelling reasons subject to
such conditions as the court may deem appropriate. The court may place
restrictions on the driving privileges of a defendant who is on probation.
In felony cases except for violations of K.S.A. 8-1567 and amendments
thereto, the court may include confinement in a county jail not to exceed
30 days, which need not be served consecutively, as a condition of pro-
bation or community corrections placement;
  (4)  assign the defendant to a community correctional services pro-
gram in presumptive nonprison cases or through a departure for substan-
tial and compelling reasons subject to such conditions as the court may
deem appropriate, including orders requiring full or partial restitution;
  (5)  assign the defendant to a conservation camp for a period not to
exceed 180 days as a condition of probation followed by a 180-day period
of follow-up through adult intensive supervision by a community correc-
tional services program, if the offender successfully completes the con-
servation camp program. If the defendant was classified in grid blocks 3-
G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the court
may impose a nonprison sanction on the condition that the offender com-
plete the program at the Labette correctional conservation camp. Such a
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 1  placement decision shall not be considered a departure and shall not be
 2  subject to appeal;
 3    (6)  assign the defendant to a house arrest program pursuant to K.S.A.
 4  21-4603b and amendments thereto;
 5    (7)  order the defendant to attend and satisfactorily complete an al-
 6  cohol or drug education or training program as provided by subsection
 7    (3) of K.S.A. 21-4502 and amendments thereto;
 8    (8)  order the defendant to repay the amount of any reward paid by
 9  any crime stoppers chapter, individual, corporation or public entity which
10  materially aided in the apprehension or conviction of the defendant; or
11  repay the amount of any public funds utilized by a law enforcement
12  agency to purchase controlled substances from the defendant during the
13  investigation which leads to the defendant's conviction. Such repayment
14  of the amount of any public funds utilized by a law enforcement agency
15  shall be deposited and credited to the same fund from which the public
16  funds were credited to prior to use by the law enforcement agency;
17    (9)  impose any appropriate combination of (1), (2), (3), (4), (5), (6),
18    (7) and (8); or
19    (10)  suspend imposition of sentence in misdemeanor cases.
20    In addition to or in lieu of any of the above, the court shall order the
21  defendant to pay restitution, which shall include, but not be limited to,
22  damage or loss caused by the defendant's crime, unless the court finds
23  compelling circumstances which would render a plan of restitution un-
24  workable. If the court finds a plan of restitution unworkable, the court
25  shall state on the record in detail the reasons therefor.
26    If the court orders restitution, the restitution shall be a judgment
27  against the defendant which may be collected by the court by garnishment
28  or other execution as on judgments in civil cases. If, after 60 days from
29  the date restitution is ordered by the court, a defendant is found to be in
30  noncompliance with the plan established by the court for payment of
31  restitution, and the victim to whom restitution is ordered paid has not
32  initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
33  amendments thereto, the court shall assign an agent procured by the
34  attorney general pursuant to K.S.A. 1996 Supp. 75-719 and amendments
35  thereto to collect the restitution on behalf of the victim. The administra-
36  tive judge of each judicial district may assign such cases to an appropriate
37  division of the court for the conduct of civil collection proceedings.
38    In addition to or in lieu of any of the above, the court shall order the
39  defendant to submit to and complete an alcohol and drug evaluation, and
40  pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
41  and amendments thereto.
42    In imposing a fine the court may authorize the payment thereof in
43  installments. In releasing a defendant on probation, the court shall direct
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 1  that the defendant be under the supervision of a court services officer. If
 2  the court commits the defendant to the custody of the secretary of cor-
 3  rections or to jail, the court may specify in its order the amount of res-
 4  titution to be paid and the person to whom it shall be paid if restitution
 5  is later ordered as a condition of parole or conditional release.
 6    When a new felony is committed while the offender is incarcerated
 7  and serving a sentence for a felony or while the offender is on probation,
 8  assignment to a community correctional services program, parole, con-
 9  ditional release, or postrelease supervision for a felony, a new sentence
10  shall be imposed pursuant to the consecutive sentencing requirements of
11  K.S.A. 21-4608, and amendments thereto, and the court may sentence
12  the offender to imprisonment for the new conviction, even when the new
13  crime of conviction otherwise presumes a nonprison sentence. In this
14  event, imposition of a prison sentence for the new crime does not con-
15  stitute a departure.
16    Prior to imposing a dispositional departure for a defendant whose of-
17  fense is classified in the presumptive nonprison grid block of either sen-
18  tencing guideline grid, prior to sentencing a defendant to incarceration
19  whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
20  guidelines grid for nondrug crimes, or prior to revocation of a nonprison
21  sanction of a defendant whose offense is classified in the presumptive
22  nonprison grid block of either sentencing guideline grid or grid blocks 5-
23  H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, the
24  court shall consider placement of the defendant in the Labette correc-
25  tional conservation camp. Pursuant to this paragraph the defendant shall
26  not be sentenced to imprisonment if space is available in the conservation
27  camp and the defendant meets all of the conservation camp's placement
28  criteria unless the court states on the record the reasons for not placing
29  the defendant in the conservation camp.
30    The court in committing a defendant to the custody of the secretary of
31  corrections shall fix a term of confinement within the limits provided by
32  law. In those cases where the law does not fix a term of confinement for
33  the crime for which the defendant was convicted, the court shall fix the
34  term of such confinement.
35    (b)  Dispositions which do not involve commitment to the custody of
36  the secretary of corrections shall not entail the loss by the defendant of
37  any civil rights.
38    (c)  This section shall not deprive the court of any authority conferred
39  by any other Kansas statute to decree a forfeiture of property, suspend
40  or cancel a license, remove a person from office, or impose any other civil
41  penalty as a result of conviction of crime.
42    (d)  An application for or acceptance of probation or assignment to a
43  community correctional services program shall not constitute an acqui-
HB 2451
                                     

 1  escence in the judgment for purpose of appeal, and any convicted person
 2  may appeal from such conviction, as provided by law, without regard to
 3  whether such person has applied for probation, suspended sentence or
 4  assignment to a community correctional services program.
 5    (e)  The secretary of corrections is authorized to make direct place-
 6  ment to the Labette correctional conservation camp of an inmate sen-
 7  tenced to the secretary's custody if the inmate: (1) Has been sentenced
 8  to the secretary for a probation revocation or as a departure from the
 9  presumptive nonimprisonment grid block of either sentencing grid; and
10    (2) otherwise meets admission criteria of the camp. If the inmate suc-
11  cessfully completes the 180-day conservation camp program, the secre-
12  tary of corrections shall report such completion to the sentencing court
13  and the county or district attorney. The inmate shall then be assigned by
14  the court to 180 days of follow-up supervision conducted by the appro-
15  priate community corrections services program. The court may also order
16  that supervision continue thereafter for the length of time authorized by
17  K.S.A. 21-4611 and amendments thereto.
18    (f)  When it is provided by law that a person shall be sentenced pur-
19  suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
20  this section shall not apply.
21    (g) (1)  In those cases in which the court revokes an order of proba-
22  tion, assignment to community corrections, or other conditional release
23  due to a technical violation of the terms and condition of such order of
24  probation, assignment to community corrections, or conditional release,
25  and the court orders the offender committed to the custody of the secre-
26  tary of corrections to serve the offender's underlying sentence pursuant
27  to K.S.A. 21-4603d, and amendments thereto, the court shall retain juris-
28  diction for up to 120 days to modify the sentence or the order of revocation
29  and shall reinstate probation, assignment to community corrections, or
30  conditional release according to the orders' original terms and conditions
31  or with additional terms and conditions, unless the court finds that the
32  safety of members of the public will be jeopardized or that the welfare of
33  the inmate will not be served by such modification or reinstatement.
34    (2)  If the offender is reinstated on probation, assignment to commu-
35  nity corrections, or conditional release pursuant to paragraph (1), and
36  the offender on a second occurrence violates the terms and condition of
37  such reinstated probation, assignment to community corrections, or con-
38  ditional release, the court may order the offender committed to the cus-
39  tody of the secretary of corrections to serve the offenders underlying sen-
40  tence pursuant to K.S.A. 21-4603d, and amendments thereto.
41    (3)  In making this determination, the court shall consider and review
42  reports and recommendations of the secretary of corrections.
43    Sec. 2.  K.S.A. 1996 Supp. 44-508 is hereby amended to read as fol-
HB 2451
                                     

 1  lows: 44-508. As used in the workers compensation act:
 2    (a)  ``Employer'' includes: (1) Any person or body of persons, corpo-
 3  rate or unincorporate, and the legal representative of a deceased em-
 4  ployer or the receiver or trustee of a person, corporation, association or
 5  partnership; (2) the state or any department, agency or authority of the
 6  state, any city, county, school district or other political subdivision or
 7  municipality or public corporation and any instrumentality thereof; and
 8    (3) for the purposes of community service work, the entity for which the
 9  community service work is being performed and the governmental agency
10  which assigned the community service work, if any, if either such entity
11  or such governmental agency has filed a written statement of election
12  with the director to accept the provisions under the workers compensa-
13  tion act for persons performing community service work and in such case
14  such entity and such governmental agency shall be deemed to be the joint
15  employer of the person performing the community service work and both
16  shall have the rights, liabilities and immunities provided under the work-
17  ers compensation act for an employer with regard to the community serv-
18  ice work, except that the liability for providing benefits shall be imposed
19  only on the party which filed such election with the director, or on both
20  if both parties have filed such election with the director; for purposes of
21  community service work, ``governmental agency'' shall not include any
22  court or any officer or employee thereof and any case where there is
23  deemed to be a ``joint employer'' shall not be construed to be a case of
24  dual or multiple employment.
25    (b)  ``Workman'' or ``employee'' or ``worker'' means any person who
26  has entered into the employment of or works under any contract of serv-
27  ice or apprenticeship with an employer. Such terms shall include but not
28  be limited to: Executive officers of corporations; professional athletes;
29  persons serving on a volunteer basis as duly authorized law enforcement
30  officers, ambulance attendants, mobile intensive care technicians, fire-
31  fighters, but only to the extent and during such periods as they are so
32  serving in such capacities; persons employed by educational, religious and
33  charitable organizations, but only to the extent and during the periods
34  that they are paid wages by such organizations; persons in the service of
35  the state, or any department, agency or authority of the state, any city,
36  school district, or other political subdivision or municipality or public
37  corporation and any instrumentality thereof, under any contract of serv-
38  ice, express or implied, and every official or officer thereof, whether
39  elected or appointed, while performing official duties; persons in the serv-
40  ice of the state as volunteer members of the Kansas department of civil
41  air patrol, but only to the extent and during such periods as they are
42  officially engaged in the performance of functions specified in K.S.A. 48-
43  3302 and amendments thereto; volunteers in any employment, if the em-
HB 2451
                                     

 1  ployer has filed an election to extend coverage to such volunteers; minors,
 2  whether such minors are legally or illegally employed; and persons per-
 3  forming community service work, but only to the extent and during such
 4  periods as they are performing community service work and if an election
 5  has been filed an election to extend coverage to such persons. Any ref-
 6  erence to an employee who has been injured shall, where the employee
 7  is dead, include a reference to the employee's dependents, to the em-
 8  ployee's legal representatives, or, if the employee is a minor or an inca-
 9  pacitated person, to the employee's guardian or conservator. Unless there
10  is a valid election in effect which has been filed as provided in K.S.A. 44-
11  542a and amendments thereto, such terms shall not include individual
12  employers, limited or general partners or self-employed persons. Such
13  term shall not include a person performing community service work.
14    (c) (1)  ``Dependents'' means such members of the employee's family
15  as were wholly or in part dependent upon the employee at the time of
16  the accident.
17    (2)  ``Members of a family'' means only surviving legal spouse and
18  children; or if no surviving legal spouse or children, then parents or grand-
19  parents; or if no parents or grandparents, then grandchildren; or if no
20  grandchildren, then brothers and sisters. In the meaning of this section,
21  parents include stepparents, children include stepchildren, grandchildren
22  include stepgrandchildren, brothers and sisters include stepbrothers and
23  stepsisters, and children and parents include that relation by legal adop-
24  tion. In the meaning of this section, a surviving spouse shall not be re-
25  garded as a dependent of a deceased employee or as a member of the
26  family, if the surviving spouse shall have for more than six months willfully
27  or voluntarily deserted or abandoned the employee prior to the date of
28  the employee's death.
29    (3)  ``Wholly dependent child or children'' means:
30    (A)  A birth child or adopted child of the employee except such a child
31  whose relationship to the employee has been severed by adoption;
32    (B)  a stepchild of the employee who lives in the employee's house-
33  hold;
34    (C)  any other child who is actually dependent in whole or in part on
35  the employee and who is related to the employee by marriage or consan-
36  guinity; or
37    (D)  any child as defined in subsections (3)(A), (3)(B) or (3)(C) who
38  is less than 23 years of age and who is not physically or mentally capable
39  of earning wages in any type of substantial and gainful employment or
40  who is a full-time student attending an accredited institution of higher
41  education or vocational education.
42    (d)  ``Accident'' means an undesigned, sudden and unexpected event
43  or events, usually of an afflictive or unfortunate nature and often, but not
HB 2451
                                     

 1  necessarily, accompanied by a manifestation of force. The elements of an
 2  accident, as stated herein, are not to be construed in a strict and literal
 3  sense, but in a manner designed to effectuate the purpose of the workers
 4  compensation act that the employer bear the expense of accidental injury
 5  to a worker caused by the employment.
 6    (e)  ``Personal injury'' and ``injury'' mean any lesion or change in the
 7  physical structure of the body, causing damage or harm thereto, so that
 8  it gives way under the stress of the worker's usual labor. It is not essential
 9  that such lesion or change be of such character as to present external or
10  visible signs of its existence.  An injury shall not be deemed to have been
11  directly caused by the employment where it is shown that the employee
12  suffers disability as a result of the natural aging process or by the normal
13  activities of day-to-day living.
14    (f)  The words ``arising out of and in the course of employment'' as
15  used in the workers compensation act shall not be construed to include
16  injuries to the employee occurring while the employee is on the way to
17  assume the duties of employment or after leaving such duties, the prox-
18  imate cause of which injury is not the employer's negligence. An em-
19  ployee shall not be construed as being on the way to assume the duties
20  of employment or having left such duties at a time when the worker is
21  on the premises of the employer or on the only available route to or from
22  work which is a route involving a special risk or hazard and which is a
23  route not used by the public except in dealings with the employer. An
24  employee shall not be construed as being on the way to assume the duties
25  of employment, if the employee is a provider of emergency services re-
26  sponding to an emergency.
27    The words, ``arising out of and in the course of employment'' as used
28  in the workers compensation act shall not be construed to include injuries
29  to employees while engaged in recreational or social events under cir-
30  cumstances where the employee was under no duty to attend and where
31  the injury did not result from the performance of tasks related to the
32  employee's normal job duties or as specifically instructed to be performed
33  by the employer.
34    (g)  ``Burden of proof'' means the burden of a party to persuade the
35  trier of facts by a preponderance of the credible evidence that such party's
36  position on an issue is more probably true than not true on the basis of
37  the whole record.
38    (h)  ``Director'' means the director of workers compensation as pro-
39  vided for in K.S.A. 75-5708 and amendments thereto.
40    (i)  ``Health care provider'' means any person licensed, by the proper
41  licensing authority of this state, another state or the District of Columbia,
42  to practice medicine and surgery, osteopathy, chiropractic, dentistry, op-
43  tometry, podiatry or psychology.
HB 2451
                                     

 1    (j)  ``Secretary'' means the secretary of human resources.
 2    (k)  ``Construction design professional'' means any person who is an
 3  architect, professional engineer, landscape architect or land surveyor who
 4  has been issued a license by the state board of technical professions to
 5  practice such technical profession in Kansas or any corporation organized
 6  to render professional services through the practice of one or more of
 7  such technical professions in Kansas under the professional corporation
 8  law of Kansas or any corporation issued a certificate of authorization un-
 9  der K.S.A. 74-7036 and amendments thereto to practice one or more of
10  such technical professions in Kansas.
11    (l)  ``Community service work'' means: (1) Public or community serv-
12  ice performed as a result of a contract of diversion or of assignment to a
13  community corrections program or conservation camp or suspension of
14  sentence or as a condition of probation or in lieu of a fine imposed by
15  court order; or (2) public or community service or other work performed
16  as a requirement for receipt of any kind of public assistance in accordance
17  with any program administered by the secretary of social and rehabilita-
18  tion services.
19    (m)  ``Utilization review'' means the initial evaluation of appropriate-
20  ness in terms of both the level and the quality of health care and health
21  services provided a patient, based on accepted standards of the health
22  care profession involved. Such evaluation is accomplished by means of a
23  system which identifies the utilization of health care services above the
24  usual range of utilization for such services, which is based on accepted
25  standards of the health care profession involved, and which refers in-
26  stances of possible inappropriate utilization to the director for referral to
27  a peer review committee.
28    (n)  ``Peer review'' means an evaluation by a peer review committee
29  of the appropriateness, quality and cost of health care and health services
30  provided a patient, which is based on accepted standards of the health
31  care profession involved and which is conducted in conjunction with util-
32  ization review.
33    (o)  ``Peer review committee'' means a committee composed of health
34  care providers licensed to practice the same health care profession as the
35  health care provider who rendered the health care services being re-
36  viewed.
37    (p)  ``Group-funded self-insurance plan'' includes each group-funded
38  workers compensation pool, which is authorized to operate in this state
39  under K.S.A. 44-581 through 44-592 and amendments thereto, each mu-
40  nicipal group-funded pool under the Kansas municipal group-funded pool
41  act which is covering liabilities under the workers compensation act, and
42  any other similar group-funded or pooled plan or arrangement that pro-
43  vides coverage for employer liabilities under the workers compensation
HB 2451
                                     

 1  act and is authorized by law.
 2    (q)  On and after the effective date of this act, ``workers compensation
 3  board'' or ``board'' means the workers compensation board established
 4  under K.S.A. 1996 Supp. 44-555c and amendments thereto.
 5    (r)  ``Community service work'' means public or community service
 6  performed by a person (1) as a result of a contract of diversion entered
 7  into by such person as authorized by law, (2) pursuant to the assignment
 8  of such person by a court to a community corrections program, (3) as a
 9  result of suspension of sentence or as a condition of probation pursuant
10  to court order, (4) in lieu of a fine imposed by court order, (5) as a
11  condition of placement ordered by a court pursuant to K.S.A. 38-1663,
12  and amendments thereto, or (6) pursuant to the assignment of such person
13  by the Kansas parole board or the department of corrections.
14    Section 3.  K.S.A. 1996 Supp. 75-6102 is hereby amended to read as
15  follows: 75-6102. As used in K.S.A. 75-6101 through 75-6118, and amend-
16  ments thereto, unless the context clearly requires otherwise:
17    (a)  ``State'' means the state of Kansas and any department or branch
18  of state government, or any agency, authority, institution or other instru-
19  mentality thereof.
20    (b)  ``Municipality'' means any county, township, city, school district
21  or other political or taxing subdivision of the state, or any agency, au-
22  thority, institution or other instrumentality thereof.
23    (c)  ``Governmental entity'' means state or municipality.
24    (d)  ``Employee'' means any officer, employee, servant or member of
25  a board, commission, committee, division, department, branch or council
26  of a governmental entity, including elected or appointed officials and
27  persons acting on behalf or in service of a governmental entity in any
28  official capacity, whether with or without compensation and a charitable
29  health care provider. Employee includes any steward or racing judge ap-
30  pointed pursuant to K.S.A. 74-8818, and amendments thereto, regardless
31  of whether the services of such steward or racing judge are rendered
32  pursuant to contract as an independent contractor, but does not otherwise
33  include any independent contractor under contract with a governmental
34  entity except (1) employees of the United States marshal's service en-
35  gaged in the transportation of inmates on behalf of the secretary of cor-
36  rections and (2) a person who is an employee of a nonprofit independent
37  contractor, other than a municipality, under contract to provide educa-
38  tional or vocational training to inmates in the custody of the secretary of
39  corrections and who is engaged in providing such service in an institution
40  under the control of the secretary of corrections provided that such em-
41  ployee does not otherwise have coverage for such acts and omissions
42  within the scope of their employment through a liability insurance con-
43  tract of such independent contractor. ``Employee'' also includes an em-
HB 2451
                                     

 1  ployee of an indigent health care clinic. ``Employee'' also includes former
 2  employees for acts and omissions within the scope of their employment
 3  during their former employment with the governmental entity.
 4    (e)  ``Community service work'' means public or community service
 5  performed by a person (1) as a result of a contract of diversion entered
 6  into by such person as authorized by law, (2) pursuant to the assignment
 7  of such person by a court to a community corrections program, (3) as a
 8  result of suspension of sentence or as a condition of probation pursuant
 9  to court order, (4) in lieu of a fine imposed by court order or, (5) as a
10  condition of placement ordered by a court pursuant to K.S.A. 38-1663,
11  and amendments thereto, or (6) pursuant to the assignment of such per-
12  son by the Kansas parole board or the department of corrections.
13    (f)  ``Charitable health care provider'' means a person licensed by the
14  state board of healing arts as an exempt licensee or a federally active
15  licensee, a person issued a limited permit by the state board of healing
16  arts, a physician's assistant registered by the state board of healing arts or
17  a health care provider as the term ``health care provider'' is defined under
18  K.S.A. 65-4921, and amendments thereto, who has entered into an agree-
19  ment with:
20    (1)  The secretary of health and environment under K.S.A. 1996 Supp.
21  75-6120, and amendments thereto, who, pursuant to such agreement,
22  gratuitously renders professional services to a person who has provided
23  information which would reasonably lead the health care provider to
24  make the good faith assumption that such person meets the definition of
25  medically indigent person as defined by this section or to a person re-
26  ceiving medical assistance from the programs operated by the department
27  of social and rehabilitation services, and who is considered an employee
28  of the state of Kansas under K.S.A. 1996 Supp. 75-6120, and amendments
29  thereto; or
30    (2)  the secretary of health and environment and who, pursuant to
31  such agreement, gratuitously renders professional services in conducting
32  children's immunization programs administered by the secretary; or
33    (3)  a local health department or indigent health care clinic, which
34  renders professional services to medically indigent persons or persons
35  receiving medical assistance from the programs operated by the depart-
36  ment of social and rehabilitation services gratuitously or for a fee paid by
37  the local health department or indigent health care clinic to such provider
38  and who is considered an employee of the state of Kansas under K.S.A.
39  1996 Supp. 75-6120 and amendments thereto. Professional services ren-
40  dered by a provider under this paragraph (3) shall be considered gratui-
41  tous notwithstanding fees based on income eligibility guidelines charged
42  by a local health department or indigent health care clinic and notwith-
43  standing any fee paid by the local health department or indigent health
HB 2451
                                     

 1  care clinic to a provider in accordance with this paragraph (3).
 2    (g)  ``Medically indigent person'' means a person who lacks resources
 3  to pay for medically necessary health care services and who meets the
 4  eligibility criteria for qualification as a medically indigent person estab-
 5  lished by the secretary of health and environment under K.S.A. 1996
 6  Supp. 75-6120, and amendments thereto.
 7    (h)  ``Indigent health care clinic'' means an outpatient medical care
 8  clinic operated on a not-for-profit basis which has a contractual agreement
 9  in effect with the secretary of health and environment to provide health
10  care services to medically indigent persons.
11    (i)  ``Local health department'' shall have the meaning ascribed to such
12  term under K.S.A. 65-241 and amendments thereto.
13    Sec. 4.  K.S.A. 1996 Supp. 21-4603d, 44-508 and 75-6102 are hereby
14  repealed.
15    Sec. 5.  This act shall take effect and be in force from and after its
16  publication in the statute book.