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The KBA Advocate is the weekly KBA legislative newsletter that contains up-to-date information on legislation that impacts your practice. It is only published when the legislature is in session and is sent to all KBA members electronically via the KBA Weekly.

 

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Top tags: Author: Joseph N. Molina III  2019 Session  2019-20  legislature  budget  election  Brownback  Supreme Court  Judicial Branch  school finance  Court of Appeals  Gannon  Hard 50  Kansas Supreme Court  Special Session  2016 Session  2017 session  2017-18  Alleyne  fall legislative conference  Senate  Sine Die  State of the Judiciary  2019 Golf Tournament  Caleb Stegall  conference  election day  First Adjournment  HCR 5005  House of Representatives 

Gannon

Posted By Joseph N. Molina III, Tuesday, March 11, 2014

Legislators returned to what was supposed to be a short uneventful week following turnaround. However, the Kansas Supreme Court decided to release the much-anticipated Gannon v. State of Kansas school finance case. The entire 110-page opinion can be found online at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2014/20140307/109335.pdf.

 

The Supreme Court issued a unanimous opinion that had a bit of everything for everyone. The bullet point version found that the Court affirmed the lower court’s ruling that the state failed to meet its duty to provide equity in public education as required by the constitution. The Court determined that the state has created "unreasonable, wealth-based disparities” by failing to fund Capital Outlay and the Local Option Budget (LOB). The Supreme Court recommended that the lower court provide the legislature with the opportunity to address the inequities and request action by July 1, 2014. Those changes could come in the form of fully funding, partially funding, or making changes to the current statutes. To fully fund LOB and Capital Outlay the legislature would have to come up with roughly $139 million.

 

The really big issue dealing with suitability was remanded to the three-judge panel so they may apply the "Rose Standard” and return a finding based on that process. The Supreme Court found that a cost based focus was too narrow.

 

For more information on this issue and some local reactions, including the KBA response, please see the following:

The other really big news was the Kansas Senate passing the Judicial Branch Omnibus bill, Senate Sub. for HB 2338. This bill combines a number of judicial branch issues together and passed them out of the Senate in one afternoon. The procedural move was a little unorthodox as it combined appropriations and substantive amendments into one bill. This is usually an unconstitutional two subject problem but it was glossed over in the Senate. A number of House members were upset as this omnibus bill will bypass the normal appropriation committees in the House and head straight to the House floor for a vote to concur or nonconcur. How the House handles this omnibus bill remains to be seen but we can expect higher scrutiny of the judicial branch budget on the House side.

 

Next week we have a full slate in both chambers as First Adjournment is right around the corner. The KBA has a hearing on HB 2398 dealing with the Kansas LLC Act on Wednesday in the Senate. We continue to wait on the medical malpractice bill, SB 311 to be set for hearing in the House. It should be noted that SB 311 was referred to the Committee on Commerce, which has no sitting lawyers.

Tags:  Gannon  House of Representatives  Senate  Supreme Court 

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Both Chambers Fully Engaged

Posted By Joseph N. Molina III, Tuesday, February 25, 2014
With bill introductions left to exempt committees and hearings winding down, both chambers are working through a deluge of bills to avoid the drop-dead date of turnaround. All bills that fail to make it out by Friday, February 28 are dead. It is also important to note that this is an even numbered year so no bills will be "held over” to 2015. All bills that miss the cut off will need to be reintroduced next January.

 

There has been some hallway talk about a truncated session. Rep. Davis called for a 70-day session to avoid the many embarrassing bills that surfaced the past few weeks. This does not seem to be a viable option since Speaker Merrick has refocused on economics and has some serious work left to do. See http://www.kansas.com/2014/02/21/3303060/democratic-leader-calls-for-ending.html.

 

With the idea of a short session behind us there remain a number of big issues looming. Gannon comes to mind, but there is still no timetable for its release. The Capitol crowd gets a little antsier each passing week, and some are of the opinion we could be waiting till August. How this plays out remains to be seen.

 

Both of the KBA’s bills were debated on the House Floor this week. Rep. Bruchman carried HB 2398, concerning KS LLC Act, and Rep. Carmichael carried HB 2444, spend thrift trust. I am happy to report that both were passed on final action, 120-1 and 121-0, respectively. We will now work with the Senate to schedule hearings on both bills.

 

In addition, the KBA provided testimony is opposition to SB 364, allowing the chief judge more discretion in personnel matters. This bill was coupled with SB 365, allowing the district judges to elect the chief judge. Both bills may be worked in the coming days. The Kansas District Judges Association is opposed to both issues. You can find testimony at http://www.ksbar.org/?judicialservices. The Supreme Court is also a little concerned about SB 364 as described in this article from Topeka Capital-Journal. Chief Justice opposes bill to diffuse budget authority, http://cjonline.com/news/2014-02-17/chief-justice-opposes-bill-diffuse-budget-authority.

 

The KBA provided testimony to oppose HB 2650, benefit corporations. This bill was introduced by a national group called BLABS. The KBA has a subcommittee discussing a revision of the General Corporation Code. It would be preferable to weave this new concept into the revised code rather than have a standalone statute that may not fit. Testimony on HB 2650 will be online this coming week.

Quick Take

This past week was quite the tumultuous affair for some Kansas legislators. A number continue to feel the wrath of voting for HB 2453, the Religious Freedom Act, while one Kansas House Democrat caught significant heat for the spanking bill, HB 2699. Both of these bills helped Kansas make "The Daily Show with Jon Stewart."

Local newspapers also chimed in on both of these fiascos.

For spanking news:

It should also be noted that the morass of bills aimed at domestic relation issues have failed to move forward in the legislative process. The KBA testified against a number of these bills listed below, all of which should die by Friday. These bills are as follows:

  • SB 302, Rending surrogate parenting contracts unenforceable and creating an unclassified misdemeanor
  • HB 2450, Change in terminology; "best interests of the child" to "least detrimental alternative for the child
  • HB 2462, Domestic relations; child custody. residency and parenting plans; child support
  • HB 2558, Domestic relations; prohibition of case management process
  • HB 2604, Domestic relations, divorce, division of property, maintenance
Looking forward, the KBA supported HB 2568, which was 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.

 

This last week before turnaround is going to be very busy with 30 to 40 bills working their way through the process. Those on the fence will look to exempt committees for a little "blessing” but the Speaker has indicated he will narrow his focus to keep the train on the tracks the remainder of the session. The Senate side could work less than 10 days after turnaround before adjourning. How those days are calculated is the big questions. Nevertheless, the Senate appears to be in a better position as it reaches the first significant deadline of the 2014 session.

Tags:  Daily Show  Gannon  House  Kansas Judicial Council  Senate  Supreme Court 

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Caleb Stegall nominated for 14th Court of Appeals position

Posted By Joseph N. Molina III, Tuesday, August 20, 2013

Gov. Sam Brownback officially nominated chief counsel Caleb Stegall for the Kansas Court of Appeals on Tuesday, August 20. Stegall was nominated ahead of 18 other applicants. Brownback called him "one of the most if not the most qualified candidate Kansas has ever had.”

 

Prior to becoming chief legal counsel, Stegall was elected as Jefferson County attorney. He also helped gain the release of four missionaries in Haiti some years ago.

 

Stegall thanked many of his friends and family but paid special attention to those individuals who disagreed with him on judicial selection methods. He mentioned several by name, including former Kansas Attorney General Steve Six, current KBA President Dennis Depew, and former Sebelius appointee Steve Martino. These individuals recommended Stegall on a personal basis and not thru their respective organizations.

 

Stegall will now stand for confirmation by the Kansas Senate. He will also need to provide answers to a questionnaire. This questionnaire was prepared by Judge Deanell Tacha, Professor Stephen McAllister, and Professor Reginald Robinson on a written questionnaire for individuals nominated to the Kansas Court of Appeals. Attached is a link to the questionnaire.

 

The Kansas Legislature is set to return for a special session on Tuesday, September 3. The Senate will also take up a number of governor appointments, including the Stegall nomination. Hearings for these appointments will begin the week on August 26. However, at this time no meetings have been set.

 

Here are some news stories about the Stegall nomination:

Download File (PDF)

 Attached Files:

Tags:  Brownback  Caleb Stegall  Court of Appeals  Dennis Depew  legislature  Senate 

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