Chairperson Humphries opened the Hearing on SB463.

Jason Thompson, Office of Revisor of Statutes, gave the Bill Brief. (Attachment 1)

Mr. Thompson stood for questions.

Proponents:

James Carlson, Managing Partner, Stillwater Technical Solutions, testified that from his perspective both as a landowner and from work at the advocacy firm, this bill specifically calls out what the minimum presumptive obligations are that constitute an exercise of "reasonable care" by an owner or occupier. He pointed out that this bill also addresses the problem of activists and trail lawyers using sue and settle and precedent litigation as a pathway to achieve policy goals. (Attachment 2)

Beau Roysden, Fusion Law, PLLC, for the Alliance for Consumers Action Fund, testified that this bill uses very straight forward language by ensuring that wrongful or illegal conduct cannot serve as a basis for suing a person under negligence at their home, business or other property. In his written statement he outlined what the bill does not do well, and also what it preserves in Kansas state law. (Attachment 3)

The Proponents stood for questions.

The Chairperson drew attention to Proponents Written Only testimonies:

Eric Stafford, President & CEO, Kansas Chamber (Attachment 4)

Randy Stookey, Senior Vice President of Government Affairs, Kansas Grain & Feed Association; Kansas Agribusiness Retailers Association (Attachment 5)

Dan Murray, Kansas State Director, National Federation of Independent Business (Attachment 6)

Robert Thompson, Private Citizen (Attachment 7)

Opponent:

Jeffrey Wilson, Dickerson Oxton, Individually and on behalf of Kansas Trial Lawyers Association, testified that this legislation is not needed in Kansas. He shared four things SB463 would do to Kansas law: (1) eviscerates the "attractive nuisance" doctrine to shield construction companies, (2) rewards willful ignorance and guts the Seibert Standard, (3) illogically forces the comparing of "fault" to intentional criminals, and (4) creates doctrinal impossibilities and procedural chaos. He attached a proposed substitute bill. (Attachment 8)

Mr. Wilson stood for questions.

Chairperson Humphries closed the Hearing on SB463.