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Minutes for SB199 - Committee on Judiciary
Short Title
Amending bond requirements for appeals in the code of civil procedure.
Minutes Content for Thu, Jan 18, 2018
The Chairman opened the hearing on SB199 - Amending Bond requirements for appeals in the code of civil procedure. Jason Thompson provided an overview of the bill. (Attachment 1)
Mark Behrens supported the passage of SB199 explaining that it would bring Kansas civil law into harmony and also bring Kansas law into conformity with roughly 30 other states. He views it as a common sense measure which would prevent the use of appeal bonds as a means of legal extortion forcing the defendant to settle out of court because the bond cannot be paid. (Attachment 2)
Eric Stafford gave support for SB199 and informed the committee that discussions had been taking place between proponents and opponents to determine language on which both sides can agree. (Attachment 3)
Natasha Schamberger offered support for SB199 explaining that members of her association do not have the collateral needed for an appeal bond, forcing settlement out of court when there is a litigation issue. (Attachment 4)
Proponents answered questions from the committee. Chairman Wilborn noted written testimony in favor of SB199 submitted by Dan Murray, State Director of the National Federation of Independent Business (Attachment 5), Sarah Warner, Kansas Association of Defense Counsels (Attachment 6), and Cathy Bennett, Senior Vice-President of Public Policy for the Greater Kansas City Chamber of Commerce (Attachment 7).
Steve Kahler opposed SB199 citing a pending case involving the company which employs him. Because the case is pending on appeal and SB199 would apply to pending cases if it were to become law, passage of the bill would decrease the amount of the appeal bond required in their case and make it more difficult for the company to collect the full judgment should the appellate court decide in their favor. He urged protection for both plaintiffs and defendants in the use of appeal bonds. (Attachment 8)
Callie Denton appeared in support of current law as fair and balanced and asked that the committee vote against SB199. She expressed her belief that the tools are already in place to attain an appeal bond that satisfies both sides, stating she believes the flexibility in current law is beneficial. (Attachment 9)
Opponents answered questions from committee members.
There being no more conferees, Chairman Wilborn closed the hearing on SB199.
