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Minutes for SB243 - Committee on Judiciary

Short Title

Providing requirements and procedures for settlement agreements involving a minor.

Minutes Content for Wed, Mar 8, 2023

Chairperson Patton opened the hearing on SB243. Natalie Scott (Attachment 1) provided an overview of the bill.

Proponent

Craig Blumreich (Attachment 2) explained SB243 outlines standards, procedures, and a choice for settling claims with low dollar amounts involving minors to save the courts, injured minors, and their families time and money, all while protecting the minor. This bill is based on the National Council of Insurance Legislators Model Act. Bills based on this model/act have been passed in Missouri, Oklahoma, and Kentucky. This bill is a piece of common sense legislation that protects minors and their parents while allowing families the choice to settle their claims quicker and cheaper. His organization supports the bill and urges the membership's consideration. Mr. Blumreich stood for questions.

Callie Denton (Attachment 3) stated Kansas Trial Lawyers Association worked with proponents and stakeholders prior to the Senate hearing. Their concerns were addressed with the language in New Sec. 1(h), page 4 lines 5-13, which preserves the status quo for “friendly” settlement hearings:

  • A district court may approve settlements of $25,000 and less without establishing a guardianship, limited guardianship, or conservatorship;
  • New Sec. 1(h) clarifies that the cost of filing the “friendly” settlement hearing is allowed to the party in whose favor judgment is rendered, consistent with current practice in “friendly” settlement hearings and law, KSA 60-2002.

Ms Denton stood for questions.

Kelly VanZwoll (Attachment 4) explained SB243 would create another option for these payouts to be deposited without requiring the minor to get a court order or have a custodian appointed. The Kansas Bankers Association appreciate the introducing party and stakeholders’ efforts to work with them on this bill and the inclusion of a few friendly amendments done in the Senate. Ms. VanZwoll outlined the amendments in her written testimony. She stood for questions.

Written Proponent

Marlee Carpenter, Kansas Association of Property and Casualty Insurance Companies (KAPCIC) (Attachment 5)

Rick Lien, Regional Vice President--Midwest, National Association of Mutual Insurance Companies (Attachment 6)

Chairperson Patton closed the hearing on SB243.

Chairperson Patton told members of the committee that they would probably have final action on the two bills heard this week, SB189 & SB243.  He adjourned the meeting at 4:01 pm.