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Minutes for HB2101 - Committee on Financial Institutions and Insurance
Short Title
Regulating contract for deed transactions, authorizing recording of contract for deeds or affidavits of equitable interest, listing deceptive practices constituting violations of the consumer protection act, requiring notice to the buyer of default and allowing buyers to cure such default.
Minutes Content for Tue, Mar 12, 2024
Chairperson Longbine opened the meeting by greeting members, staff, and guests. It was noted that Melissa Renick, Assistant Director for Research, Kansas Legislative Research Department (KLRD), and Tamera Lawrence, Sr. Assistant Revisor, Office of the Revisor of Statutes (ROS) attended the meeting virtually via Webex. He recognized Senator Holscher, who introduced Esther Walker and Merryn Rupp, both from Shawnee Mission East, and Anya Kavimandan, from Prairie Star Middle School, in Leawood, Kansas, who were acting as Senate Pages for the day. The Chairperson also recognized several corporate visitors in the audience: Roland Spies, Bree West, and Tamara O'Connor from State Farm Insurance, and Amber Miller from Delta Dental.
Eileen Ma, Assistant Revisor of Statutes, ROS, presented the Revisor's Memorandum Brief and stood for questions. There were none. (Attachment 1)
Representative Jason Probst, 102nd District, Kansas House of Representatives presented oral proponent testimony. He explained some history on the underlying reasons for the bill and the history of the work that has been done with participants from banking, real estate and the Judicial Council resulting in this bill. (Attachment 2) Mr. Probst answered questions from Senators Warren, Kloos, Fagg, and Pittman.
Mark Tomb, V.P., Governments Affairs, Kansas Association of REALTORS presented oral testimony supporting HB2101. Mr. Tomb related that this bill would provide reasonable safeguards for Contract for Deed transactions, which are increasingly used by individuals without a real estate license. The Kansas Real Estate Commission currently only has authority to investigate activities of licensees, which leaves a large enforcement gap for these and many other types of fraudulent activities that harm consumers. (Attachment 3) Mr. Tomb responded to questions from Senators Warren and Gossage.
The Chairperson drew attention to the written-only Neutral testimony of Christy Molzen, Staff Attorney for the Kansas Judicial Council.(Attachment 4)
Seeing no other questions or discussion, and no other proponent, opponent, or neutral testimony submitted, Chairperson Longbine closed the hearing on HB2101.
The Chairperson then opened the floor for final action on bills previously heard. He asked Eileen Ma to give a brief refresher on HB2561, and then asked for discussion or motions.
Senator Olson moved, seconded by Senator Pittman, that HB2561 be favorably recommended for passage. The motion carried.
Chairperson Longbine opened final action on HB2530. There was a balloon amendment for this bill that changed the enactment date to its publication in the Kansas Register. (Attachment 5)
The Chairperson moved to adopt the amendment, seconded by Senator Olson. The motion carried.
Senator Dietrich then moved, seconded by Senator Fagg, to favorably recommend HB2530, as amended, for passage. The motion carried.
Chairperson Longbine called HB2531 for final action. He announced there was a balloon amendment for this bill changing the enactment date to its publication in the Kansas Register. (Attachment 6)
Chairperson Longbine moved the amendment, seconded by Senator Gossage. The motion carried.
Senator Gossage then moved, seconded by Senator Olson, to favorably recommend HB2531, as amended, for passage. The motion carried.
The Chairperson called HB2532 for final action. He announced there was a balloon amendment for this bill, that changed the enactment date to its publication in the Kansas Register. (Attachment 7)
Chairperson Longbine moved the amendment, seconded by Senator Olson. The motion to adopt carried.
Senator Olson then moved, seconded by Senator Fagg, to favorably recommend HB2532, as amended, for passage. The motion carried.
The business for today completed, the meeting adjourned at 10:05 am. The next scheduled meeting is Wednesday, March 13, 2024, at 9:30 am in Room 546-South of the Capitol.
