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Committee hears bill to require smaller cities, counties to use state standard contract provisions (DA-146A)
Summary
House Bill 2,116 would require cities of the second or third class and counties with populations under 35,000 to include standard state contract provisions (form DA-146A) in local contracts, with limited waivers and two non-waivable provisions; committee heard proponent and neutral testimony and discussed scope and local control.
A committee hearing reviewed House Bill 2,116, which would require certain cities and counties to include specified mandatory contract provisions contained in the Department of Administration's form DA-146A in local contracts unless the governing body votes to omit them.
Charles, the committee reviser, briefed members that the bill would require cities and counties to use the DA-146A form used for state contracts. The bill would deem those provisions to be included in the local contract even if not typed into the contract text, unless the city or county governing body omits a provision by majority vote. Two provisions may not be waived by local governments: the bill's sections 2 and 3 prohibit a city or county from assuming responsibility for the conduct of third parties or indemnifying another party for another party's conduct, and require that local contracts be governed by Kansas law and subject to Kansas jurisdiction. Charles said the bill limits application to cities of the second or third class and counties with populations under 35,000.
John Goodyear, general counsel for the League of Kansas Municipalities, testified as a neutral. He said most cities already negotiate similar terms but that smaller cities may benefit from the bill because it saves time and negotiation costs. Goodyear said the bill as amended narrows its scope to smaller cities and counties and preserves local control by allowing governing bodies to omit provisions by majority vote. He recommended confirming an effective date of July 1, 2025, because the bill pull from last year referenced a July date.
Committee members asked how the bill differs from current practice. Charles replied he was not aware of each city's internal procedures but said the bill would create a requirement where none exists today. Charles also told the committee the bill passed the House 119-0 last year and that, as drafted, it would become effective July 1, 2025 if enacted.
The hearing record included written proponents Jay Hall, deputy director and general counsel of the Kansas Association of Counties, and Jeff Chubb, city attorney for the City of Independence; Goodyear was present in person as neutral. No committee vote on this bill was recorded in the transcript excerpt.
