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HOUSE BILL No. 2116
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, 2026, 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.
(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
HOUSE BILL No. 2116—page 2
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.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.