Posted By Joseph N. Molina III,
Tuesday, February 26, 2013
Updated: Wednesday, June 26, 2013
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This week marks the first large deadline of the 2013 Session,
Turnaround! This deadline forces both chambers to pass out any bills
they wish to have the other chamber work when the session resumes next
week. However, the recent run of bad weather has pushed meeting dates
into the weekend as the legislature tries to find as much free time as
possible before the hammer drops of the first half of the session.
Committees will continue to meet throughout the week with the House
possibly coming in on Saturday to wrap up any loose ends. If inclement
weather persists, look for the deadline to be moved back till next week.
The legislature originally had next Monday and Tuesday off.
Kansas Legislature has reached its halfway point of the 2013 session
with the passage of the House of Origin deadline, marking the date in
which all non-exempt legislation must advance out of its House of
Origin, or is considered dead for the remainder of the session. However,
several exempt committees continue to work through legislative
proposals. These exempt committees include House Appropriations, Senate
Ways and Means, House and Senate Federal and State Affairs, and House
Taxation. The House and Senate Judiciary committees are not exempt
committees and all legislation not passed out today will have to wait
until next session.
A number of bills will be worked in House Judiciary this week. They include the following:
- HB 2019,
court of appeals judges; appointment by the governor, confirmation by
the senate. This bill was passed out of House Judiciary Committee on
Monday. The entire House will consider this bill later this week.
- HB 2102,
Commission on Judicial performance, Sunset 2017, docket fees reduced.
This bill was gutted during House Judiciary consideration and will not
proceed as originally introduced.
- HB 2116, civil procedure, electronic service of process.
- HB 2182, relating to grand juries.
- HB 2203, relating to exercise of religion. This bill was passed out of House Judiciary Committee on Monday.
- HB 2204, relating to exercise of real property.
- HB 2205,
adoption hearing; time and waiver of notice; This bill was passed out
of House Judiciary on Monday. The KBA supported this bill.
- SB 8,
creating the Kansas commission on judicial qualifications. This bill
was passed out of the House Judiciary Committee on Monday.
Look for these bills to work their way through the Kansas House this week or the weekend.
In addition, look for hearing on a number of judicial branch bills, which includes:
- SB 218,
entire amount of docket fees shall be credited to the judicial branch
docket fee fund, created in this bill, with certain exceptions;
extending the judicial branch surcharge for two years.
- HB 2338, judicial branch docket fee.
- HB 2377,
relating to court fees and cost, judicial branch surcharge fund. A
hearing is set for Wednesday, February 27 at 9 a.m. in the Committee on
Also of importance is HB 2355, enacting the Kansas Fair Tax Act of 2013. The KBA opposed a similar provision in 2012.
Agriculture attorneys may be interested in the following:
- HB 2292, limiting nuisance actions against certain agricultural activities.
Attached please find litigation proposals that may be of interest to you:
- HB 2376, Kansas apology and disclosure of unanticipated medical outcomes and medical errors.
- HB 2341, allowing court reporters licensed in another state to take depositions in Kansas.
- HB 2315, relating to trespass and liability exceptions.
Oil and gas lawyers may be interested in this proposal:
- SB 206,
abolishing the oil and gas valuation depletion trust fund. Allowing the
counties to retain funds already in such county's oil and gas valuation
depletion trust fund.
Probate attorneys may find interesting:
- HB 2014, revoking an ex-spouses inheritance rights upon divorce; passed the Kansas House 119-0. The KBA supported this bill.
- HB 2166,
real and personal property relating to the medical assistance recovery
act. A subcommittee reviewed this bill and has submitted a substitute
Real estate and title lawyers may wish to review the following bills:
- HB 2347, mortgage registration fees, verification of indebtedness.
- HB 2360, stays of mortgage foreclosures proceedings against service members.
- SB 81,
requiring the restriction of certain officials' information from
publicly accessible records, which passed out of the Senate Judiciary
Committee as amended.
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