Kansas 2025-2026 Regular Session

Kansas Senate Bill SB242 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 242
3	3	By Committee on Judiciary
4	4	2-6
5	5	AN ACT concerning contingent fee contracts for legal services; relating to
6	6	contracts entered into for legal services by a political subdivision;
7	7	requiring an open meeting before a political subdivision may approve
8	8	such a contract; requiring the attorney general to approve such contract
9	9	before it becomes effective.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. (a) A political subdivision may only enter into a contingent
12	12	fee contract for legal services if the governing body of the political
13	13	subdivision:
14	14	(1) Calls a meeting for the purpose of considering the contract and
15	15	provides, in the notice of the meeting issued pursuant to K.S.A. 75-4318,
16	16	and amendments thereto, the:
17	17	(A) Reasons for pursuing the matter that is the subject of the legal
18	18	services of which the attorney or law firm would be retained and the
19	19	desired outcome of pursuing the matter;
20	20	(B) qualifications, experience and competence of the attorney or law
21	21	firm selected by the governing body;
22	22	(C) nature of any relationship, regardless of how short, between the
23	23	political subdivision or governing body and the attorney or law firm that is
24	24	a party to the contract;
25	25	(D) reasons the legal services cannot be adequately performed by the
26	26	attorneys and supporting personnel of the political subdivision;
27	27	(E) reasons the legal services cannot be reasonably obtained from
28	28	attorneys under a contract providing for an hourly rate payment structure
29	29	as opposed to a contingency fee structure; and
30	30	(F) reasons entering into a contingent fee contract for legal services is
31	31	in the best interest of the residents of the political subdivision;
32	32	(2) makes a finding, in writing, that:
33	33	(A) There is a substantial need for the legal services that are the
34	34	subject of the contingent fee contract;
35	35	(B) the legal services cannot be adequately performed by the
36	36	attorneys and supporting personnel of the political subdivision; and
37	37	(C) the legal services cannot reasonably be obtained from attorneys
38	38	under a contract providing for an hourly rate payment structure because
39	39	the nature of the legal matter that is the subject of the contract or the
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34
74	74	35
75	75	36 SB 242 2
76	76	political subdivision does not have the funds necessary to pay the
77	77	estimated cost of the legal services provided under a contract providing for
78	78	an hourly rate payment structure; and
79	79	(3) approves the contract in an open meeting after discussion and
80	80	consideration of the items described in paragraph (1).
81	81	(b) (1) Before a contingency fee contract for legal services approved
82	82	by a political subdivision pursuant to subsection (a) is effective and
83	83	enforceable, the political subdivision shall obtain approval of the contract
84	84	by the attorney general. The political subdivision shall provide to the
85	85	attorney general:
86	86	(A) A copy of the proposed contract;
87	87	(B) a description of the legal matter that is the subject of the proposed
88	88	contract;
89	89	(C) a copy of the notice issued pursuant to subsection (a)(1), the date
90	90	such notice was issued and a description of the method for providing such
91	91	notice;
92	92	(D) a copy of the written findings made pursuant to subsection (a)(2).
93	93	(2) Within 90 days after the political subdivision has provided the
94	94	attorney general with the information described in paragraph (1), the
95	95	attorney general shall:
96	96	(A) Approve the contract; or
97	97	(B) refuse to approve the contract and provide the political
98	98	subdivision with one of the following reasons for the refusal to approve:
99	99	(i) The legal matter that is the subject of the contract presents one or
100	100	more questions of law or fact that are in common with a matter the state
101	101	has already address or is pursuing;
102	102	(ii) pursuit of the legal matter by the political subdivision will not
103	103	promote the just and efficient resolution of the matter; or
104	104	(iii) the contract does not comply with the Kansas rules of
105	105	professional conduct for attorneys adopted by the Kansas supreme court.
106	106	(3) If the attorney general has not taken action on a contract pursuant
107	107	to paragraph (2) within 90 days after receipt, such contract shall be
108	108	deemed approved.
109	109	(c) In any judicial or quasi-judicial proceeding in which a political
110	110	subdivision is represented by an attorney providing legal services under a
111	111	contingent fee contract for legal services that does not comply with the
112	112	provisions of this section, the attorney general may appear in such
113	113	proceeding and request that the proceeding be dismissed. If the court or
114	114	quasi-judicial body concludes that the contract for legal services does not
115	115	apply with the provisions of this section, the court or quasi-judicial body
116	116	shall dismiss the matter without prejudice.
117	117	(d) Any contingent fee contract for legal services that was entered
118	118	into by a political subdivision prior to July 1, 2025, shall be submitted to
119	119	1
120	120	2
121	121	3
122	122	4
123	123	5
124	124	6
125	125	7
126	126	8
127	127	9
128	128	10
129	129	11
130	130	12
131	131	13
132	132	14
133	133	15
134	134	16
135	135	17
136	136	18
137	137	19
138	138	20
139	139	21
140	140	22
141	141	23
142	142	24
143	143	25
144	144	26
145	145	27
146	146	28
147	147	29
148	148	30
149	149	31
150	150	32
151	151	33
152	152	34
153	153	35
154	154	36
155	155	37
156	156	38
157	157	39
158	158	40
159	159	41
160	160	42
161	161	43 SB 242 3
162	162	the attorney general by the political subdivision on or before July 1, 2026.
163	163	The attorney general shall review the contract and approve or refuse to
164	164	approve the contract pursuant to subsection (b). Any judicial or quasi-
165	165	judicial proceeding that is ongoing involving a contingent fee contract for
166	166	legal services entered into by a political subdivision shall proceed unless
167	167	the attorney general appears in such proceeding as described in subsection
168	168	(c).
169	169	(e) As used in this section:
170	170	(1) "Contingent fee" means any fee that is contingent on the outcome
171	171	of the matter for which the service is rendered; and
172	172	(2) "political subdivision" means:
173	173	(A) A political or taxing subdivision of the state, including municipal
174	174	and quasi-municipal corporations, board, commissions, authorities,
175	175	councils, committees, subcommittees and other subordinate groups or
176	176	administrative units thereof, receiving or expending and supported, in
177	177	whole or in part, by public funds; and
178	178	(B) any municipality as defined in K.S.A. 75-1117, and amendments
179	179	thereto.
180	180	(f) The provisions of this section shall expire on July 1, 2029.
181	181	Sec. 2. This act shall take effect and be in force from and after its
182	182	publication in the statute book.
183	183	1
184	184	2
185	185	3
186	186	4
187	187	5
188	188	6
189	189	7
190	190	8
191	191	9
192	192	10
193	193	11
194	194	12
195	195	13
196	196	14
197	197	15
198	198	16
199	199	17
200	200	18
201	201	19
202	202	20
203	203	21