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Minutes for HB2537 - Committee on Judiciary
Short Title
Requiring the insurance department to hold a hearing in cases involving an order under the Kansas administrative procedure act.
Minutes Content for Tue, Feb 1, 2022
Chairperson Patton opened the hearing on HB2537. Natalie Scott provided an overview of the bill. Ms. Scott stood for questions. (Attachment 1)
Proponent
Mike O’Neal explained the need for this bill arose out of a couple of cases Mr. O'Neal handled for clients that involved Final Orders issued by the Kansas Insurance Department. In both cases, the letter Order was issued wherein the Commissioner indicated the Order was a Final Order and subject to review in accordance with the Kansas Judicial Review Act. Mr. O'Neal took the position that the Order was one that met the definition of an agency order under Kansas Administrative Procedures Act. Citing KSA 40-2115. Mr. O'Neal also explained he had worked with the Kansas Insurance Department on the language in the bill. He feels the new language in HB2537 will clarify any future misunderstandings. He stood for questions. (Attachment 2)
Written Neutral
Justin L. McFarland, General Counsel, Kansas Insurance Department (Attachment 3)
Chairperson Patton closed the hearing on HB2537.
Chairperson Patton referred to the updated agenda for this week reminding the membership that Wednesday's meeting had been canceled and the hearings rearranged or canceled.
Chairperson Patton told the membership he would have the committee assistant email out a report that resulted from HB2078 the bill that suspended statutory speedy trail that was passed last year. One of the things that was added to the bill was for the courts give House Judiciary Committee a report regarding data on the number of cases still pending, cases resolved, etc. He has been sent that report and the membership should review the information and it will be made public record. (Attachment 4)
Chairperson Patton said there would be discussion and action on the following bills at Thursday's committee meeting. HB2447, HB2496, HB2527.
Representative Owens let the membership know that there has been communication regarding Wednesday's Legislative Session. Chairperson Patton called a 5-minute recess at 3:50 pm for discussion to occur.
Chairperson Patton reconvened the committee at 3:52 pm. He stated nothing had changed regarding the agenda for the balance of this week.
Chairperson Patton adjourned the meeting at 3:55 pm.
