Requiring that certain contractual provisions be incorporated in all contracts for certain cities and counties, including the provisions of form DA-146a, with certain exceptions.
Impact
The bill seeks to enforce accountability by stipulating that municipalities cannot indemnify other parties for damages or liabilities not under their control. This presents a significant shift in how contracts are approached, potentially reducing financial risks for municipalities by limiting their obligations in agreements. The implications extend beyond simple contract terms, as the bill fundamentally alters the relationship between local governments and contractual counterparts and protects the taxpayer by minimizing undue liabilities.
Summary
House Bill 2116 aims to regulate the contracting authority of certain municipalities in Kansas, specifically targeting cities and counties with a focus on mandatory contractual provisions. Central to the bill is the requirement that all contracts entered into by municipal governing bodies or county boards must include mandatory provisions outlined in the department of administration form DA-146a. This requirement will take effect for contracts entered after July 1, 2024, establishing a new standardization for municipal contracts in the state.
Conclusion
If enacted, HB 2116 will enforce a new layer of legal compliance on municipalities, potentially leading to more standardized and accountable contracting practices. However, the success of these changes will largely depend on how they affect local government operations and community interactions. Balancing the need for standardized provisions with the necessity for individualized agreements will be crucial as local leaders navigate the implications of this law.
Contention
Some areas of contention surrounding HB 2116 may arise from concerns regarding the blanket application of the bill’s provisions on smaller municipalities. Critics argue that the mandatory nature of the law could inhibit flexibility in local contracts, where customized solutions might be necessary to meet unique community needs. Furthermore, the inability of local governments to negotiate indemnification clauses could deter some businesses from partnering with municipalities, impacting service delivery and public works projects.
Mandating that certain contractual provisions be incorporated in all city and county contracts, including the provisions of form DA-146a, with certain exceptions.
Modifying certain terms, definitions, deadlines and provisions contained in the uniform consumer credit code and transferring certain mortgage provisions from the uniform consumer credit code to the Kansas mortgage business act.
Modifying certain terms, definitions, deadlines and provisions contained in the uniform consumer credit code and transferring certain mortgage provisions from the uniform consumer credit code to the Kansas mortgage business act.
Broadening the scope of practice of naturopathic doctors and changing certain provisions pertaining to the licensure and regulation of naturopathic doctors.
Expanding the eligible uses for the 0% state rate for sales tax for certain utilities and the levying of sales tax on such sales by cities and counties and authorizing cities and counties to exempt such sales from such city or county taxes.
Requiring the secretary for health and environment to provide a death certificate of a child to the state child death review board, increasing the number of board members, allowing for compensation and providing for the disclosure of certain records to certain persons for securing grants.
Prohibiting cities and counties that grant or approve certain property tax exemptions or tax increment financing from exceeding their revenue neutral rates for property tax purposes.
Senate Substitute for HB 2247 by Committee on Financial Institutions and Insurance - Modifying certain terms, definitions, deadlines and provisions contained in the uniform consumer credit code and transferring mortgage provisions from the uniform consumer credit code to the Kansas mortgage business act.
Requiring the secretary for aging and disability services to reimburse counties for certain costs when a person is in a county jail awaiting examination, evaluation or treatment for competency, modernizing statutes concerning county jails, removing the requirement that every county shall have a jail, modifying procedures used when district courts commit prisoners to jail in another county and when counties contract with city jails to keep prisoners and requiring a medical examination before certain United States prisoners or city prisoners are taken into custody of a county jail.
Requires certain contracting entities to submit information to the commissioner of administration prior to contracting with a state agency or receiving monies (OR +$60,000 GF EX See Note)
Requires certain quasi public and nongovernmental entities to submit information to the legislative auditor and be approved by the Joint Legislative Committee on the Budget prior to receiving state monies or assistance
Requires certain quasi public and nongovernmental entities to submit information to the legislative auditor and be approved by the Joint Legislative Committee on the Budget prior to receiving state monies or assistance (RE +$135,000 GF EX See Note)
To Amend The Arkansas Prepaid Funeral Benefits Law; To Regulate Prepaid Benefits Contracts; And To Enhance The Administration Of The Arkansas Prepaid Funeral Benefits Law.
Directs the commissioner of administration, the commissioner of higher education, and statewide elected officials to review certain state contracts to identify any that can be terminated and report to the Joint Legislative Committee on the Budget by March 1, 2016 (EN NO IMPACT See Note)