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Minutes for SB242 - Committee on Judiciary

Short Title

Requiring that a political subdivision hold an open meeting to discuss a contingency fee contract for legal services before approving such contract and requiring the attorney general to approve such contracts.

Minutes Content for Mon, Mar 3, 2025

Chairwoman Warren opened the hearing on SB242.

Natalie Scott, Revisor's Office, provided an overview of the bill and stood for questions. (Attachment 1)

Eric Stafford, Vice President of Government Affairs, Kansas Chamber, provided testimony in support of the bill.  He stated the Attorney General should be the lone voice in acting against companies that cause collective harm to residents of our state.  There should be certain factors in order for a city or county to enter into a class action lawsuit. (Attachment 2)

Jennifer Artman, Partner, Shook Hardy and Bacon L.L.P., provided proponent testimony for the bill.  She stated the twin goals of transparency and coordination, benefit both the state and Kansas residents. Other states have passed similar requirements. (Attachment 3)

Roger Gibboni, US Chamber of Commerce, Institute for Legal Reform, provided testimony in support of the bill.  While this might be a relatively new issue in Kansas, as compared to other jurisdictions around the county, it is important that this Legislature act now to prevent Kansas from becoming a magnet jurisdiction for plaintiffs' lawyers searching for new venues to build up novel claims. (Attachment 4)

Robert Hutchison, Acting Chief Deputy, Office of Attorney General, provided testimony as a proponent for the bill.  He states this bill fundamentally protects Kansas's constitutional order by recognizing that while political subdivisions have important but limited legal authority, only the State possesses sovereign power to represent all Kansans.  (Attachment 5)

Proponent conferees stood for questions.

John Goodyear, General Counsel, League of Kansas Municipalities, provided neutral testimony.  He states they would like to continue to work with the Attorney General's office to better refine a section to capture all those suits that present a need for statewide approach but preserves to localities the ability to individually pursue claims where there is individual, specific harm that is unlikely to be remedied by a statewide approach. (Attachment 6)

Travis Harrod, Deputy Director Court Trustees, Integrated Trustee Services, provided neutral testimony.  He stated the language does not seem to include or limit a district court's power to appoint an attorney as district court trustee or to allow the district court trustee to be compensated.  We ask the committee to consider clarifying the bill. (Attachment 7)

Larry Zimmerman, Kansas Creditor Attorney Association, provided neutral testimony.  His concern with the bill arises from the belief that the bill greatly underestimates the magnitude of contracts that would flow to the Attorney General's office for review. (Attachment 8)

Neutral conferees stood for questions.

Shannon Kimball, Government Relations Specialist, Kansas Association of School Boards, provided testimony in opposition of the bill.  She stated local control of school district governance and management decisions is a foundational principle throughout KASB's member-adopted permanent and annual legislative policies.In addition to the policy overreach that the bill represents, the bill's process to gain approval from the Attorney General for a proposed contingency fee contract is both duplicative and impractical.  (Attachment 9)

Opponent, written testimony was submitted by the following:

  • Amanda Stanley, City Attorney, City of Topeka (Attachment 10)
  • Michael Koss, City Attorney, City of Overland Park (Attachment 11)
  • Jay Hall, Deputy Director and General Counsel, Kansas Association of Counties (Attachment 12)
  • Jennifer Magana, Director of Law, City Attorney, City of Wichita (Attachment 13)
  • Ryan Baty, Chairman, Board of County Commissioners of Sedgwick County (Attachment 14)

Opponent conferee stood for questions.

No further conferees.

Chairwoman Warren closed the hearing on SB242.