Brief(1)
S.B. 299 would allow a judge, without changing venue, to move a hearing or non-jury trial to a county with an accessible courtroom which conforms to the requirements of the American with Disabilities Act (ADA). If the court finds, on motion of a party to the proceeding or any other person, that the county where an action was filed does not have an ADA-accessible courtroom and that such failure to conform would limit or prohibit the participation of a person material to the proceeding or any person, the judge may conduct the proceeding in any county with an accessible courtroom, without changing venue. Notice of the change of location would have to be given to the parties at least ten days prior to the proceeding if the request is made by any person rather than a material party.
Background
S.B. 299 was recommended by the Kansas Supreme Court Commission on Opening the Courts. Testimony indicated that one purpose of this Commission is to assist county governments in complying with the ADA as it relates to their courthouses. There was no testimony in opposition to the bill.
The Senate Committee amended the bill to make the decision permissive on the judge, rather than mandatory, as in the original bill.
The fiscal note prepared by the Division of the Budget indicates that the bill's fiscal impact on the courts cannot be determined.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html