Chairperson Humphries opened the Hearing on SB462.

Dahnika Short, Office of Revisor of Statutes, presented the Bill Brief.  (Attachment 6)

Ms. Short stood for questions.

Proponents:

Kris Kobach, Kansas Attorney General, testified that this bill restores the traditional scope of public nuisance law, protects Kansas businesses and taxpayers from abusive litigation, and wisely confirms multi-jurisdictional authority exclusively in the Kansas Attorney General's Office. It clarifies what is NOT a public nuisance and limits who may sue.  (Attachment 7)

Mr. Kobach stood for questions.

Beau Roysden, Fusion Law, for the Alliance for Consumers Action Fund, testified that SB462 confirms that to prove a claim, plaintiffs bringing a public nuisance claim must show that the defendant they are pursuing directly caused the alleged harm under established standards of causation. The law makes clear that a case must demonstrate the nuisance would not exist without the defendant's conduct and that the harm was a reasonably direct and foreseeable result of that conduct. By enacting this bill, Kansas can make clear that public policy is decided by laws, not lawsuits.  (Attachment 8)

Mr. Roysden stood for questions.

The Chairperson drew attention to the Proponent Written Only testimonies:

Roger Gibboni, Counsel, United States Chamber of Commerce Institute for Legal Reform  (Attachment 9)

Eric Stafford, President & CEO, Kansas Chamber of Commerce  (Attachment 10)

Scot Kibbe, American Property Casualty Insurance Association  (Attachment 11)

Mike Karbo, Midwest Region Director, American Petroleum Institute, Midwest Region  (Attachment 12)

Moriah Day, Director Government Relations - State Affairs, NSSF (The Firearm Industry Trade Association)  (Attachment 13)

Opponents:

John Goodyear, General Counsel, League of Kansas Municipalities, testified that this bill would significantly narrow the ability of the State and local governments to bring public nuisance actions to address widespread harm to Kansans, while doing so in a way that is both vague and practically unworkable in large-scale litigation.  (Attachment 14)

Mr. Goodyear stood for questions.

Jan Jarman, Deputy City Attorney, City of Wichita, testified that the City opposes the bill as it would stymie nuisance suits designed to protect citizens' health and well-being. Localities depend on public nuisance lawsuits to defend their citizenry. Using a statute to stop lawsuits has too many unintended consequences.  (Attachment 15)

Ms. Jarman stood for questions. 

Michael Koss, City Attorney, City of Overland Park, testified that this bill would make it more difficult for Kansas cities and the State to bring public nuisance claims against companies that have harmed Kansans, and would decrease the benefits to Kansans resulting from national settlements.  (Attachment 16)

Mr. Koss stood for questions.

The Chairperson drew attention to Opponent Written Only testimony:

Aaron Mays, Kansas Association of Counties  (Attachment 17)

Chairperson Humphries closed the Hearing on SB462.

Chairperson Humphries adjourned the meeting.