12-105a. Uniform procedure for payment of claims and other indebtedness by municipalities; definitions. As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein, unless the context shall otherwise require:
(a) "Municipality" means and includes county, township, city, school district of whatever name or nature, community junior college, municipal university, city, county or district hospital, drainage district, cemetery district, fire district, and other political subdivision or taxing unit, and including their boards, bureaus, commissions, committees and other agencies, such as, but not limited to, library board, park board, recreation commission, hospital board of trustees having power to create indebtedness and make payment of the same independently of the parent unit.
(b) "Governing body" means and includes the board of county commissioners, the governing body of a city, the township board (trustee, clerk and treasurer), board of education or other governing body of a school district, board of trustees of a community junior college, board of regents of a municipal university, the body of a special district (such as a drainage, cemetery, fire or other) which has the power to create indebtedness and is charged with the duty of paying the same, and the board, bureau, commission, committee or other body of an independent agency of a parent unit.
(c) "Claim" means the document relating to and stating an amount owing to the claimant by a municipality for material or service furnished to the municipality, or some action taken by or for the municipality and for which the municipality may or may not be responsible in a liquidated or an unliquidated amount. A claim is liquidated when the amount due or to become due is made certain by agreement of the parties or is fixed by law.
(d) "Warrant" means an instrument ordering the treasurer of a municipality to pay out of a designated fund a specified sum to a named person or party who or which has filed a claim against the municipality.
(e) "Check" means an ordinary check drawn on a depository bank of a municipality by the treasurer of such municipality and payable to the holder of a warrant or warrants issued by the municipality.
(f) "Warrant check" means a combination of warrant and check. It is a negotiable instrument which orders a depository bank to pay to the order of the payee therein named. A warrant check authorizes the bank upon which drawn to charge the municipality's account with the amount stated therein.
(g) For the purposes of this act the term "audit" shall be construed to mean to examine and render an opinion as to allowance or rejection in whole or in part.
(h) "Employee" means any officer, employee, servant or member of a board, commission, committee, division, department, branch or council of a governmental entity, including elected or appointed officials and persons acting on behalf or in service of a governmental entity in any official capacity, whether with or without compensation.
"Employee" does not include an independent contractor working for a municipality under contract.
History: L. 1968, ch. 375, § 1; L. 1970, ch. 67, § 2; L. 1979, ch. 186, § 17; L. 2007, ch. 171, § 5; L. 2015, ch. 28, § 1; July 1.
Law Review and Bar Journal References:
Definition of the term "claim" expanded to include both liquidated and unliquidated amounts, Robert F. Bennett, 39 J.B.A.K. 107, 109 (1970).
"Governmental Liability: The Kansas Tort Claims Act [or The King Can Do Wrong]," John A. Hageman and Lee A. Johnson, 19 W.L.J. 260, 265, 282 (1980).
"Flooding of Private Property by the Construction of a Public Improvement: Isn't It Time for Kansas to Call It What It Really Is--A Compensable Taking?" Nicole M. Zomberg, 38 W.L.J. 209 (1998).
"Lawsuits Against Municipalities: Notice of Claims Under K.S.A. 12-105b," Stephen N. Six, J.K.T.L.A. Vol. XXVIII, No. 2, 16 (2004).
"Status Update: County Home Rule in Kansas," Jeffrey Bourdon, 28 Kan. J.L. & Pub. Pol'y 173 (2018).
Attorney General's Opinions:
Eligibility to office in cities of the third class; conflict of interest. 81-88.
Exemption for registration of municipally owned fire trucks; county is a municipality. 81-89.
Election expenses of candidates and organizations; reporting requirements applicable to counties. 81-129.
Cash-basis law; liability; estimate in budget to cover creation of indebtedness; uniform procedure for payment of claims. 82-14.
Limitations on expenditure of tax proceeds for ambulance services. 82-85.
Advancement of travel expenses to sheriff's officers. 82-100.
Public access to records pertaining to salary of county hospital administration. 82-246.
Payment of expense claims by county commission. 83-4.
County clerks; records and accounts; cash basis law; payment of claims act. 83-149.
Personal property tax on motor vehicles. 86-147.
Bond elections; suffrage; qualifications of electors. 87-72.
County hospitals; tax levies; handling hospital fund. 88-31.
Board of education treasurer; appointment and duties; gate receipts. 94-39.
Consolidated unified school district is bound by neighborhood revitalization interlocal cooperation agreement of school district that is consolidated. 2008-19.
CASE ANNOTATIONS
1. Notice provisions of K.S.A. 12-105 not applicable to other governmental units hereunder. Murphy v. City of Topeka, 6 Kan. App. 2d 488, 492, 630 P.2d 186 (1981).
2. No requirement that tort victims give notice of claims before filing a suit against municipality. Quigley v. General Motors Corp., 647 F. Supp. 656, 658, 661 (1986).
3. Substantial compliance with K.S.A. 12-105b(d) as requirement before filing action under tort claims act (K.S.A. 75-6101 et seq.) determined. Tucking v. Board of Jefferson County Comm'rs, 14 Kan. App. 2d 442, 444, 796 P.2d 1055 (1990).
4. Whether interlocal municipal agency responsible for securing natural gas for cities is municipality under KTCA examined. Kansas Mun. Gas Agency v. Vesta Energy Co., Inc., 840 F. Supp. 814, 824 (1993).
5. Kansas turnpike authority is not a municipality requiring notice before filing action under tort claims act. Rockers v. Kansas Turnpike Authority, 268 Kan. 110, 114, 116, 991 P.2d 889 (1999).
6. Trial court's dismissal with prejudice based on plaintiff's failure to comply with section's notice provisions reversed. Bell v. Kansas City, Kansas, Housing Authority, 268 Kan. 208, 212, 216, 992 P.2d 1233 (1999).
7. Hospital board of trustees was county hospital's governing body for statutory notice to sue purposes. Smith v. Kennedy, 26 Kan. App. 2d 351, 353, 985 P.2d 715 (1999).
|
|