Kansas 2025-2026 Regular Session

Kansas House Bill HB2116 Compare Versions

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Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2116
3	3	By Committee on Local Government
4	4	Requested by Representative Blex
5	5	1-28
6	6	AN ACT concerning municipalities; relating to the authority of certain
7	7	cities and counties to enter into contracts; requiring that certain
8	8	contractual provisions be incorporated into all such contracts, including
9	9	the provisions of department of administration form DA-146a;
10	10	providing certain exceptions.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. (a) Except as provided by subsection (c), any contract
13	13	entered into by the governing body of any city, or any officers or
14	14	employees thereof acting on behalf of the governing body, or by the board
15	15	of county commissioners of any county, or any officers or employees
16	16	thereof acting on behalf of the board of county commissioners, shall
17	17	contain the mandatory contract provisions prescribed by the department of
18	18	administration in form DA-146a, as amended.
19	19	(b) Except as provided by subsection (c), any contract entered into
20	20	after July 1, 2024, shall be deemed to have incorporated the mandatory
21	21	contract provisions prescribed by the department of administration in form
22	22	DA-146a, as amended, even if such provisions are not specifically
23	23	contained in such contract.
24	24	(c) The governing body of any city or the board of county
25	25	commissioners of any county may omit any of the mandatory contract
26	26	provisions prescribed by the department of administration in form DA-
27	27	146a, as amended, upon the affirmative recorded vote of a majority of the
28	28	members of the governing body or board of county commissioners. The
29	29	governing body and the board of county commissioners shall not have the
30	30	authority to waive or omit from the provisions of any contract the
31	31	provisions of sections 2 and 3, and amendments thereto.
32	32	Sec. 2. (a) It is the public policy of the state of Kansas that all
33	33	contracts entered into by the governing body of a city, or any officers or
34	34	employees thereof acting on behalf of such governing body, or by the
35	35	board of county commissioners of a county, or any officers or employees
36	36	thereof acting on behalf of such board, provide that the city or county shall
37	37	be responsible solely for the actions such governing body or board of
38	38	county commissioners, or any officer or employee thereof, or the failure of
39	39	such entity or persons to act under a contract.
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75	75	(b) The governing body of a city, and any officers or employees
76	76	thereof acting on behalf of such governing body, and the board of county
77	77	commissioners of a county, and any officers or employees thereof acting
78	78	on behalf of such board, shall not have the authority to enter into a contract
79	79	under the provisions of which the city or county agrees to, or is required
80	80	to, indemnify or hold harmless against damages, injury or death resulting
81	81	from the actions or failure to act on the part of any party to a contract other
82	82	than such governing body or board of county commissioners, or any
83	83	officers or employees thereof.
84	84	(c) The provisions of any contract entered into in violation of this
85	85	section shall be contrary to the public policy of the state of Kansas and
86	86	shall be void and unenforceable.
87	87	Sec. 3. (a) It is the public policy of the state of Kansas that all
88	88	contracts entered into by the governing body of a city, or any officers or
89	89	employees thereof acting on behalf of such governing body, or by the
90	90	board of county commissioners of a county, or any officers or employees
91	91	thereof acting on behalf of such board, shall be governed by and
92	92	interpreted in accordance with the laws of the state of Kansas.
93	93	(b) The governing body of a city, and any officers or employees
94	94	thereof acting on behalf of such governing body, and the board of county
95	95	commissioners of a county, and any officers or employees thereof acting
96	96	on behalf of such board, shall have no power to enter into a contract that
97	97	provides that the contract shall be governed by or interpreted in
98	98	accordance with the laws of a state other than the state of Kansas.
99	99	(c) The governing body of a city, and any officers or employees
100	100	thereof acting on behalf of such governing body, and the board of county
101	101	commissioners of a county, and any officers or employees thereof acting
102	102	on behalf of such board, shall have no power, pursuant to a contract, to
103	103	submit to the jurisdiction of any court other than a court of the state of
104	104	Kansas.
105	105	(d) The provisions of any contract entered into in violation of this
106	106	section shall be contrary to the public policy of the state of Kansas and
107	107	shall be void and unenforceable.
108	108	Sec. 4. The provisions of sections 1 through 3, and amendments
109	109	thereto, shall apply to cities of the second or third class and to any county
110	110	with a population of less than 35,000.
111	111	Sec. 5. This act shall take effect and be in force from and after its
112	112	publication in the statute book.
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