Brief(1)
H.B. 2075 would amend the Kansas Tort Claims Act (KTCA) by adding volunteers of nonprofit programs to the list of individuals who contract to provide programs for juvenile offenders in the definition of "employee." Currently, KTCA does not include volunteers in any of its definitions of employee. This bill would provide liability coverage through KTCA for these volunteers.
Background
The bill was requested by Representative Mary Compton. The Honorable Judge Fred Lorentz provided written testimony in support of H.B. 2075. Judge Lorentz testified about the lack of protection for volunteers in the statutes that significantly decreases the number of volunteers who are willing to serve in this capacity. The Judge recommends an additional provision to the bill that would afford protection to those agencies that could provide projects for community service workers. An example of a school who could use help washing buses or cleaning up after a sporting event was cited.
The bill has a possible fiscal impact on the state. The addition of persons to the definition of employee could increase the number of actions filed or the number of defendants named to court actions. An increase in the number of persons might increase the amount of judicial time and clerical time spent to hear and process cases; however, the impact on the budget of the Judiciary cannot be determined at this time.
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.