Session of 2025
HOUSE BILL No. 2116
By Committee on Local Government
Requested by Representative Blex
1-28
AN ACT concerning municipalities; relating to the authority of certain
cities and counties to enter into contracts; requiring that certain
contractual provisions be incorporated into all such contracts, including
the provisions of department of administration form DA-146a;
providing certain exceptions.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Except as provided by subsection (c), any contract
entered into by the governing body of any city, or any officers or
employees thereof acting on behalf of the governing body, or by the board
of county commissioners of any county, or any officers or employees
thereof acting on behalf of the board of county commissioners, shall
contain the mandatory contract provisions prescribed by the department of
administration in form DA-146a, as amended.
(b) Except as provided by subsection (c), any contract entered into
after July 1, 2024, shall be deemed to have incorporated the mandatory
contract provisions prescribed by the department of administration in form
DA-146a, as amended, even if such provisions are not specifically
contained in such contract.
(c) The governing body of any city or the board of county
commissioners of any county may omit any of the mandatory contract
provisions prescribed by the department of administration in form DA-
146a, as amended, upon the affirmative recorded vote of a majority of the
members of the governing body or board of county commissioners. The
governing body and the board of county commissioners shall not have the
authority to waive or omit from the provisions of any contract the
provisions of sections 2 and 3, and amendments thereto.
Sec. 2. (a) It is the public policy of the state of Kansas that all
contracts entered into by the governing body of a city, or any officers or
employees thereof acting on behalf of such governing body, or by the
board of county commissioners of a county, or any officers or employees
thereof acting on behalf of such board, provide that the city or county shall
be responsible solely for the actions such governing body or board of
county commissioners, or any officer or employee thereof, or the failure of
such entity or persons to act under a contract.
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(b) The governing body of a city, and any officers or employees
thereof acting on behalf of such governing body, and the board of county
commissioners of a county, and any officers or employees thereof acting
on behalf of such board, shall not have the authority to enter into a contract
under the provisions of which the city or county agrees to, or is required
to, indemnify or hold harmless against damages, injury or death resulting
from the actions or failure to act on the part of any party to a contract other
than such governing body or board of county commissioners, or any
officers or employees thereof.
(c) The provisions of any contract entered into in violation of this
section shall be contrary to the public policy of the state of Kansas and
shall be void and unenforceable.
Sec. 3. (a) It is the public policy of the state of Kansas that all
contracts entered into by the governing body of a city, or any officers or
employees thereof acting on behalf of such governing body, or by the
board of county commissioners of a county, or any officers or employees
thereof acting on behalf of such board, shall be governed by and
interpreted in accordance with the laws of the state of Kansas.
(b) The governing body of a city, and any officers or employees
thereof acting on behalf of such governing body, and the board of county
commissioners of a county, and any officers or employees thereof acting
on behalf of such board, shall have no power to enter into a contract that
provides that the contract shall be governed by or interpreted in
accordance with the laws of a state other than the state of Kansas.
(c) The governing body of a city, and any officers or employees
thereof acting on behalf of such governing body, and the board of county
commissioners of a county, and any officers or employees thereof acting
on behalf of such board, shall have no power, pursuant to a contract, to
submit to the jurisdiction of any court other than a court of the state of
Kansas.
(d) The provisions of any contract entered into in violation of this
section shall be contrary to the public policy of the state of Kansas and
shall be void and unenforceable.
Sec. 4. The provisions of sections 1 through 3, and amendments
thereto, shall apply to cities of the second or third class and to any county
with a population of less than 35,000.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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