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Rush to Turnaround

Posted By Joseph N. Molina III, Tuesday, February 18, 2014

Last Friday marked the last day for introduction of bills into nonexempt committees. This means the majority of bills that had a chance at passing this session are already in a committee awaiting a hearing. How far they proceed will determine the glut of other bills ahead of them in priority for each committee. The committees have until Friday, February 28 to get bills of out their house of origin or they fall victim to turnaround and die. Since this is an outbound year, those bills failing to make this critical date will not be held over. So the move is on and committees are in full gear.


As stated above, the Kansas Legislature will reach its halfway point of the 2014 session on Saturday, March 1 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 introduction, or it is considered dead for the remainder of the session. However, several exempt committees will continue to work through legislative initials. 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 must be passed out prior to the deadline to be considered.


The KBA is on track to move both of their bills out of the House since HB 2398, dealing with the Kansas Limited Liability Company Act, and HB 2444, dealing with spendthrift trusts, were recommended favorably by the House Judiciary Committee. Reps. Rob Bruchman and John Carmichael are tapped to carry theses bills on the House floor later this week or next.


Sen. Jeff King’s bills, based off the Blue Ribbon Commission Report, also appear to be on track for passage. Each was approved by the Senate Judiciary Committee and is on the Senate Calendar for debate. These bills include:

*Special note SB 289 was changed to Sub. for HB 2070


In addition, SB 311 made its way out of the Senate Judiciary Committee. This was not unexpected but will require more effort to defeat on the House side. The KBA testified against SB 311, the non-economic cap bill. This bill increases the cap on non-economic damages but allows evidence of collateral source and changes expert witness testimony rules to follow the federal model.


The KBA testified against several bills over the last five days and they include: two apology bills in House Judiciary, one case management bill in Children and Seniors, and two Judicial Branch reorganization efforts in Senate Judiciary. These bills are as flows:

You can view the written testimony online at


Looking forward, the KBA will support HB 2568 introduced by the Kansas Judicial Council. Several years back the Judicial Council did a reorganization of all the domestic laws by combining three chapters into one. HB 2568 is a continuation of the project. The KBA supported the initial reorganization and all of the clean-up efforts introduced by the Family Law Advisory Council.

Also opposed was HB 2650, benefit corporations. The Kansas Corporate, Banking and Business Section was working on a revision of the entire corporation code. This revision will look at the need for benefit corporations. The Section met with the drafters of HB 2650, via conference call, this past summer to indicate our plan to update the corporation code.


The Section will also review HB 2721, enacting the business entity standard treatment act. This bill, introduced by the Kansas Secretary of State’s Office, attempts to harmonize the business filing regulation in Kansas.


Finally, there are several bills that should be brought to your attention. They include four family law bills, two elder law bills, and a bill dealing with competency.

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