12-105b.Uniform procedure for payment of claims;
presentment of claims; claims which could give rise to action under Kansas tort
claims act; notice, contents, limitation on commencement of action; payments in
advance of approval; auditing; approval.
(a) All claims against a municipality must be presented in writing with a full
account of the items, and no claim shall be allowed except in accordance with
the provisions of this section. A claim may be the usual statement of account
of the vendor or party rendering a service or other written statement showing
the required information.
(b) Claims for salaries or wages of officers or employees need not be signed
by the officer or employee if a payroll claim is certified by the
administrative head of a department or group of officers or employees or an
authorized representative that the salaries or wages stated therein were
contracted or incurred for the municipality under authority of law, that the
amounts claimed are correct, due and unpaid and that the amounts are due as
salaries and wages for services performed by the person named.
Nothing in this subsection shall be construed as prohibiting the payment of
employment incentive or retention bonuses authorized by K.S.A. 72-8246, and
amendments thereto.
(c) No costs shall be recovered against a municipality in any action brought
against it for any claims allowed in part unless the recovery shall be
for a greater sum than the amount allowed, with the interest due.
Subject to the terms of applicable insurance contracts, judgments and
settlements obtained for claims recoverable pursuant to the Kansas tort
claims act shall be presented for payment in accordance with this
section or in such manner as the governing body may designate.
(d) Any person having a claim against a municipality which could give
rise to an action brought under the Kansas tort claims act shall file a
written notice as provided in this subsection before commencing such
action. The notice shall be filed with the clerk or governing body of the
municipality and shall contain the following:
(1) The name and address of the claimant and the name and address of the
claimant's attorney, if any; (2) a concise statement of the factual basis
of the claim, including the date, time, place and circumstances of the act,
omission or event complained of; (3) the name and address of any public
officer or employee involved, if known; (4) a concise statement of the
nature 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. In
the filing of a notice of claim, substantial compliance with the provisions
and requirements of this subsection shall constitute valid filing of a claim.
The contents of such notice shall not be admissible in any subsequent action
arising out of the claim. Once notice of the claim is filed, no action
shall be commenced until after the claimant has received notice from the
municipality that it has denied the claim or until after 120 days has
passed following the filing of the notice of claim, whichever occurs first.
A claim is deemed denied if the municipality fails to approve the claim in
its entirety within 120 days unless the interested parties have reached a
settlement before the expiration of that period. No person may initiate an
action against a municipality unless the claim has been denied in whole or
part. Any action brought pursuant to the Kansas tort claims act shall be
commenced within the time period provided for in the code of civil procedure or
it shall be forever barred, except that, a claimant shall have no less than 90
days from the date the claim is denied or deemed denied in which to
commence an action.
(e) Claims against a municipality which provide for a discount for early
payment or for the assessment of a penalty for late payment may be authorized
to be paid in advance of approval thereof by the governing body in accordance
with the provisions of this subsection. The governing body may designate and
authorize one or more of its officers or employees to pay any such claim made
against the municipality in advance of its presentation to and approval by the
governing body if payment of the amount of such claim is required before the
next scheduled regular meeting of the governing body in order for the
municipality to benefit from the discount provided for early payment or to
avoid assessment of the penalty for late payment. Any officer or employee
authorized to pay claims under this subsection shall keep an accurate record of
all moneys paid and the purpose for which expended, and shall submit the record
to the governing body at the next meeting thereof. Payments of claims by an
officer or employee of the municipality under authority of this subsection are
valid to the same extent as if the claims had been approved and ordered to be
paid 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 the
municipality's policies and regulations on employee travel, to timely payment
of subsistence allowances and reimbursement for transportation and other
related travel expenses incurred by the employee while on an approved travel
status. When reimbursement through the regular claims approval process of the
municipality will require more than 15 days from the date the reimbursement
claim is filed, the claim may be authorized to be paid in advance of approval
thereof by the governing body in accordance with the provisions of this
subsection. The governing body may designate and authorize one or more of its
officers or employees to pay any such claim made against the municipality in
advance of its presentation to and approval by the governing body if payment of
the amount of such claim is required before the next scheduled regular meeting
of the governing body. Any officer or employee authorized to pay claims under
this subsection shall keep an accurate record of all moneys paid and the
purpose for which expended, and shall submit the record to the governing body
at the next meeting thereof. Payments of claims by an officer or employee of
the municipality under authority of this subsection are valid to the same
extent as if the claims had been approved and ordered to be paid by the
governing body.
(g) Claims submitted by members of a municipality's self-insured health
plan may be authorized to be paid in advance of approval thereof by the
governing body. Such claims shall be submitted to the administrative officer
of such insurance plan.
(h) Claims against a school district for the purchase of food or gasoline
while students are on a co-curricular or extra-curricular activity outside of
the school boundaries may be paid in advance of approval thereof by the
governing body in accordance with the provisions of this subsection. The
governing body may designate and authorize one or more of its officers or
employees to pay any such claim made against the school district in advance of
its presentation to and approval by the governing body.
(i) Except as otherwise provided, before any claim is presented to the
governing body or before any claim is paid by any officer or employee of the
municipality under subsection (e) or (f), it shall be audited by the clerk,
secretary, manager, superintendent, finance committee or finance department or
other officer or officers charged by law to approve claims affecting the area
of government concerned in the claim, and thereby approved in whole or in part
as 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.
12-105b.Uniform procedure for payment of claims;
presentment of claims; claims which could give rise to action under Kansas tort
claims act; notice, contents, limitation on commencement of action; payments in
advance of approval; auditing; approval.
(a) All claims against a municipality must be presented in writing with a full
account of the items, and no claim shall be allowed except in accordance with
the provisions of this section. A claim may be the usual statement of account
of the vendor or party rendering a service or other written statement showing
the required information.
(b) Claims for salaries or wages of officers or employees need not be signed
by the officer or employee if a payroll claim is certified by the
administrative head of a department or group of officers or employees or an
authorized representative that the salaries or wages stated therein were
contracted or incurred for the municipality under authority of law, that the
amounts claimed are correct, due and unpaid and that the amounts are due as
salaries and wages for services performed by the person named.
Nothing in this subsection shall be construed as prohibiting the payment of
employment incentive or retention bonuses authorized by K.S.A. 72-8246, and
amendments thereto.
(c) No costs shall be recovered against a municipality in any action brought
against it for any claims allowed in part unless the recovery shall be
for a greater sum than the amount allowed, with the interest due.
Subject to the terms of applicable insurance contracts, judgments and
settlements obtained for claims recoverable pursuant to the Kansas tort
claims act shall be presented for payment in accordance with this
section or in such manner as the governing body may designate.
(d) Any person having a claim against a municipality which could give
rise to an action brought under the Kansas tort claims act shall file a
written notice as provided in this subsection before commencing such
action. The notice shall be filed with the clerk or governing body of the
municipality and shall contain the following:
(1) The name and address of the claimant and the name and address of the
claimant's attorney, if any; (2) a concise statement of the factual basis
of the claim, including the date, time, place and circumstances of the act,
omission or event complained of; (3) the name and address of any public
officer or employee involved, if known; (4) a concise statement of the
nature 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. In
the filing of a notice of claim, substantial compliance with the provisions
and requirements of this subsection shall constitute valid filing of a claim.
The contents of such notice shall not be admissible in any subsequent action
arising out of the claim. Once notice of the claim is filed, no action
shall be commenced until after the claimant has received notice from the
municipality that it has denied the claim or until after 120 days has
passed following the filing of the notice of claim, whichever occurs first.
A claim is deemed denied if the municipality fails to approve the claim in
its entirety within 120 days unless the interested parties have reached a
settlement before the expiration of that period. No person may initiate an
action against a municipality unless the claim has been denied in whole or
part. Any action brought pursuant to the Kansas tort claims act shall be
commenced within the time period provided for in the code of civil procedure or
it shall be forever barred, except that, a claimant shall have no less than 90
days from the date the claim is denied or deemed denied in which to
commence an action.
(e) Claims against a municipality which provide for a discount for early
payment or for the assessment of a penalty for late payment may be authorized
to be paid in advance of approval thereof by the governing body in accordance
with the provisions of this subsection. The governing body may designate and
authorize one or more of its officers or employees to pay any such claim made
against the municipality in advance of its presentation to and approval by the
governing body if payment of the amount of such claim is required before the
next scheduled regular meeting of the governing body in order for the
municipality to benefit from the discount provided for early payment or to
avoid assessment of the penalty for late payment. Any officer or employee
authorized to pay claims under this subsection shall keep an accurate record of
all moneys paid and the purpose for which expended, and shall submit the record
to the governing body at the next meeting thereof. Payments of claims by an
officer or employee of the municipality under authority of this subsection are
valid to the same extent as if the claims had been approved and ordered to be
paid 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 the
municipality's policies and regulations on employee travel, to timely payment
of subsistence allowances and reimbursement for transportation and other
related travel expenses incurred by the employee while on an approved travel
status. When reimbursement through the regular claims approval process of the
municipality will require more than 15 days from the date the reimbursement
claim is filed, the claim may be authorized to be paid in advance of approval
thereof by the governing body in accordance with the provisions of this
subsection. The governing body may designate and authorize one or more of its
officers or employees to pay any such claim made against the municipality in
advance of its presentation to and approval by the governing body if payment of
the amount of such claim is required before the next scheduled regular meeting
of the governing body. Any officer or employee authorized to pay claims under
this subsection shall keep an accurate record of all moneys paid and the
purpose for which expended, and shall submit the record to the governing body
at the next meeting thereof. Payments of claims by an officer or employee of
the municipality under authority of this subsection are valid to the same
extent as if the claims had been approved and ordered to be paid by the
governing body.
(g) Claims submitted by members of a municipality's self-insured health
plan may be authorized to be paid in advance of approval thereof by the
governing body. Such claims shall be submitted to the administrative officer
of such insurance plan.
(h) Claims against a school district for the purchase of food or gasoline
while students are on a co-curricular or extra-curricular activity outside of
the school boundaries may be paid in advance of approval thereof by the
governing body in accordance with the provisions of this subsection. The
governing body may designate and authorize one or more of its officers or
employees to pay any such claim made against the school district in advance of
its presentation to and approval by the governing body.
(i) Except as otherwise provided, before any claim is presented to the
governing body or before any claim is paid by any officer or employee of the
municipality under subsection (e) or (f), it shall be audited by the clerk,
secretary, manager, superintendent, finance committee or finance department or
other officer or officers charged by law to approve claims affecting the area
of government concerned in the claim, and thereby approved in whole or in part
as 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.
12-105b.Uniform procedure for payment of claims;
presentment of claims; claims which could give rise to action under Kansas tort
claims act; notice, contents, limitation on commencement of action; payments in
advance of approval; auditing; approval.
(a) All claims against a municipality must be presented in writing with a full
account of the items, and no claim shall be allowed except in accordance with
the provisions of this section. A claim may be the usual statement of account
of the vendor or party rendering a service or other written statement showing
the required information.
(b) Claims for salaries or wages of officers or employees need not be signed
by the officer or employee if a payroll claim is certified by the
administrative head of a department or group of officers or employees or an
authorized representative that the salaries or wages stated therein were
contracted or incurred for the municipality under authority of law, that the
amounts claimed are correct, due and unpaid and that the amounts are due as
salaries and wages for services performed by the person named.
Nothing in this subsection shall be construed as prohibiting the payment of
employment incentive or retention bonuses authorized by K.S.A. 72-8246, and
amendments thereto.
(c) No costs shall be recovered against a municipality in any action brought
against it for any claims allowed in part unless the recovery shall be
for a greater sum than the amount allowed, with the interest due.
Subject to the terms of applicable insurance contracts, judgments and
settlements obtained for claims recoverable pursuant to the Kansas tort
claims act shall be presented for payment in accordance with this
section or in such manner as the governing body may designate.
(d) Any person having a claim against a municipality which could give
rise to an action brought under the Kansas tort claims act shall file a
written notice as provided in this subsection before commencing such
action. The notice shall be filed with the clerk or governing body of the
municipality and shall contain the following:
(1) The name and address of the claimant and the name and address of the
claimant's attorney, if any; (2) a concise statement of the factual basis
of the claim, including the date, time, place and circumstances of the act,
omission or event complained of; (3) the name and address of any public
officer or employee involved, if known; (4) a concise statement of the
nature 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. In
the filing of a notice of claim, substantial compliance with the provisions
and requirements of this subsection shall constitute valid filing of a claim.
The contents of such notice shall not be admissible in any subsequent action
arising out of the claim. Once notice of the claim is filed, no action
shall be commenced until after the claimant has received notice from the
municipality that it has denied the claim or until after 120 days has
passed following the filing of the notice of claim, whichever occurs first.
A claim is deemed denied if the municipality fails to approve the claim in
its entirety within 120 days unless the interested parties have reached a
settlement before the expiration of that period. No person may initiate an
action against a municipality unless the claim has been denied in whole or
part. Any action brought pursuant to the Kansas tort claims act shall be
commenced within the time period provided for in the code of civil procedure or
it shall be forever barred, except that, a claimant shall have no less than 90
days from the date the claim is denied or deemed denied in which to
commence an action.
(e) Claims against a municipality which provide for a discount for early
payment or for the assessment of a penalty for late payment may be authorized
to be paid in advance of approval thereof by the governing body in accordance
with the provisions of this subsection. The governing body may designate and
authorize one or more of its officers or employees to pay any such claim made
against the municipality in advance of its presentation to and approval by the
governing body if payment of the amount of such claim is required before the
next scheduled regular meeting of the governing body in order for the
municipality to benefit from the discount provided for early payment or to
avoid assessment of the penalty for late payment. Any officer or employee
authorized to pay claims under this subsection shall keep an accurate record of
all moneys paid and the purpose for which expended, and shall submit the record
to the governing body at the next meeting thereof. Payments of claims by an
officer or employee of the municipality under authority of this subsection are
valid to the same extent as if the claims had been approved and ordered to be
paid 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 the
municipality's policies and regulations on employee travel, to timely payment
of subsistence allowances and reimbursement for transportation and other
related travel expenses incurred by the employee while on an approved travel
status. When reimbursement through the regular claims approval process of the
municipality will require more than 15 days from the date the reimbursement
claim is filed, the claim may be authorized to be paid in advance of approval
thereof by the governing body in accordance with the provisions of this
subsection. The governing body may designate and authorize one or more of its
officers or employees to pay any such claim made against the municipality in
advance of its presentation to and approval by the governing body if payment of
the amount of such claim is required before the next scheduled regular meeting
of the governing body. Any officer or employee authorized to pay claims under
this subsection shall keep an accurate record of all moneys paid and the
purpose for which expended, and shall submit the record to the governing body
at the next meeting thereof. Payments of claims by an officer or employee of
the municipality under authority of this subsection are valid to the same
extent as if the claims had been approved and ordered to be paid by the
governing body.
(g) Claims submitted by members of a municipality's self-insured health
plan may be authorized to be paid in advance of approval thereof by the
governing body. Such claims shall be submitted to the administrative officer
of such insurance plan.
(h) Claims against a school district for the purchase of food or gasoline
while students are on a co-curricular or extra-curricular activity outside of
the school boundaries may be paid in advance of approval thereof by the
governing body in accordance with the provisions of this subsection. The
governing body may designate and authorize one or more of its officers or
employees to pay any such claim made against the school district in advance of
its presentation to and approval by the governing body.
(i) Except as otherwise provided, before any claim is presented to the
governing body or before any claim is paid by any officer or employee of the
municipality under subsection (e) or (f), it shall be audited by the clerk,
secretary, manager, superintendent, finance committee or finance department or
other officer or officers charged by law to approve claims affecting the area
of government concerned in the claim, and thereby approved in whole or in part
as 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.