12-105b.   Uniform procedure for payment of claims;presentment of claims; claims which could give rise to action under Kansas tortclaims act; notice, contents, limitation on commencement of action; payments inadvance of approval; auditing; approval.(a) All claims against a municipality must be presented in writing with a fullaccount of the items, and no claim shall be allowed except in accordance withthe provisions of this section. A claim may be the usual statement of accountof the vendor or party rendering a service or other written statement showingthe required information.

      (b)   Claims for salaries or wages of officers or employees need not be signedby the officer or employee if a payroll claim is certified by theadministrative head of a department or group of officers or employees or anauthorized representative that the salaries or wages stated therein werecontracted or incurred for the municipality under authority of law, that theamounts claimed are correct, due and unpaid and that the amounts are due assalaries and wages for services performed by the person named.

      Nothing in this subsection shall be construed as prohibiting the payment ofemployment incentive or retention bonuses authorized by K.S.A. 72-8246, andamendments thereto.

      (c)   No costs shall be recovered against a municipality in any action broughtagainst it for any claims allowed in part unless the recovery shall befor a greater sum than the amount allowed, with the interest due.Subject to the terms of applicable insurance contracts, judgments andsettlements obtained for claims recoverable pursuant to the Kansas tortclaims act shall be presented for payment in accordance with thissection or in such manner as the governing body may designate.

      (d)   Any person having a claim against a municipality which could giverise to an action brought under the Kansas tort claims act shall file awritten notice as provided in this subsection before commencing suchaction. The notice shall be filed with the clerk or governing body of themunicipality and shall contain the following:(1) The name and address of the claimant and the name and address of theclaimant's attorney, if any; (2) a concise statement of the factual basisof the claim, including the date, time, place and circumstances of the act,omission or event complained of; (3) the name and address of any publicofficer or employee involved, if known; (4) a concise statement of thenature and the extent of the injury claimed to have been suffered; and (5)a statement of the amount of monetary damages that is being requested. Inthe filing of a notice of claim, substantial compliance with the provisionsand requirements of this subsection shall constitute valid filing of a claim.The contents of such notice shall not be admissible in any subsequent actionarising out of the claim. Once notice of the claim is filed, no actionshall be commenced until after the claimant has received notice from themunicipality that it has denied the claim or until after 120 days haspassed following the filing of the notice of claim, whichever occurs first.A claim is deemed denied if the municipality fails to approve the claim inits entirety within 120 days unless the interested parties have reached asettlement before the expiration of that period. No person may initiate anaction against a municipality unless the claim has been denied in whole orpart. Any action brought pursuant to the Kansas tort claims act shall becommenced within the time period provided for in the code of civil procedure orit shall be forever barred, except that, a claimant shall have no less than 90days from the date the claim is denied or deemed denied in which tocommence an action.

      (e)   Claims against a municipality which provide for a discount for earlypayment or for the assessment of a penalty for late payment may be authorizedto be paid in advance of approval thereof by the governing body in accordancewith the provisions of this subsection. The governing body may designate andauthorize one or more of its officers or employees to pay any such claim madeagainst the municipality in advance of its presentation to and approval by thegoverning body if payment of the amount of such claim is required before thenext scheduled regular meeting of the governing body in order for themunicipality to benefit from the discount provided for early payment or toavoid assessment of the penalty for late payment. Any officer or employeeauthorized to pay claims under this subsection shall keep an accurate record ofall moneys paid and the purpose for which expended, and shall submit the recordto the governing body at the next meeting thereof. Payments of claims by anofficer or employee of the municipality under authority of this subsection arevalid to the same extent as if the claims had been approved and ordered to bepaid by the governing body.

      (f)   When an employee is required to travel on behalf of a municipality,the employee shall be entitled, upon complying with the provisions of themunicipality's policies and regulations on employee travel, to timely paymentof subsistence allowances and reimbursement for transportation and otherrelated travel expenses incurred by the employee while on an approved travelstatus. When reimbursement through the regular claims approval process of themunicipality will require more than 15 days from the date the reimbursementclaim is filed, the claim may be authorized to be paid in advance of approvalthereof by the governing body in accordance with the provisions of thissubsection. The governing body may designate and authorize one or more of itsofficers or employees to pay any such claim made against the municipality inadvance of its presentation to and approval by the governing body if payment ofthe amount of such claim is required before the next scheduled regular meetingof the governing body. Any officer or employee authorized to pay claims underthis subsection shall keep an accurate record of all moneys paid and thepurpose for which expended, and shall submit the record to the governing bodyat the next meeting thereof. Payments of claims by an officer or employee ofthe municipality under authority of this subsection are valid to the sameextent as if the claims had been approved and ordered to be paid by thegoverning body.

      (g)   Claims submitted by members of a municipality's self-insured healthplan may be authorized to be paid in advance of approval thereof by thegoverning body. Such claims shall be submitted to the administrative officerof such insurance plan.

      (h)   Claims against a school district for the purchase of food or gasolinewhile students are on a co-curricular or extra-curricular activity outside ofthe school boundaries may be paid in advance of approval thereof by thegoverning body in accordance with the provisions of this subsection. Thegoverning body may designate and authorize one or more of its officers oremployees to pay any such claim made against the school district in advance ofits presentation to and approval by the governing body.

      (i)   Except as otherwise provided, before any claim is presented to thegoverning body or before any claim is paid by any officer or employee of themunicipality under subsection (e) or (f), it shall be audited by the clerk,secretary, manager, superintendent, finance committee or finance department orother officer or officers charged by law to approve claims affecting the areaof government concerned in the claim, and thereby approved in whole or in partas correct, due and unpaid.

      History:   L. 1968, ch. 375, § 2;L. 1970, ch. 67, § 3;L. 1979, ch. 186, § 18;L. 1980, ch. 59, § 1;L. 1982, ch. 62, § 1;L. 1983, ch. 56, § 1;L. 1987, ch. 353, § 9;L. 1998, ch. 129, § 1;L. 1999, ch. 86, § 2;L. 2002, ch. 167, § 3;L. 2004, ch. 10, § 1; July 1.