Chapter 75, STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES

75-5971. 988 coordinating council; membership; terms; advisory duties; annual report. (a) (1) There is hereby created the 988 coordinating council. (2) The 988 coordinating council shall advise the secretary for aging and disability services on the delivery of 988 services, strat…

75-6011. Annual reports to governor, legislature and secretary of economic development; contents. The secretary of administration, with the assistance of the director of purchases, shall submit a report prior to the regular session of the legislature to the governor, the legislat…

75-6101. Citation of act; claims to which act applicable; act applicable to municipalities. (a) K.S.A. 75-6101 to 75-6115, inclusive, shall be known and may be cited as the Kansas tort claims act. (b) The Kansas tort claims act shall be applicable to claims arising from acts or o…

75-6102. Definitions. As used in K.S.A. 75-6101 through 75-6118, and amendments thereto, unless the context clearly requires otherwise: (a) "State" means the state of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumen…

75-6103. Liability of governmental entities for damages caused by employee acts or omissions, when; applicable procedure. (a) Subject to the limitations of this act, each governmental entity shall be liable for damages caused by the negligent or wrongful act or omission of any of…

75-6104. Exceptions from liability; claims for damages arising from childhood sexual abuse not precluded. (a) A governmental entity or an employee acting within the scope of the employee's employment shall not be liable for damages resulting from: (1) Legislative functions, inclu…

75-6105. Maximum liability for claims; apportionment of multiple claims; no liability for punitive or exemplary damages or interest; exception related to claim for damages arising from childhood sexual abuse. (a) Subject to the provisions of K.S.A. 75-6111, and amendments thereto…

75-6106. Same; settlement of claims, procedure; effect of settlement. (a) Subject to the terms of an insurance contract, if any, a claim against the state or employee thereof acting within the scope of the employee's office or employment may be compromised or settled for and on b…

75-6107. Same; judgment against governmental entity, effect; judgment against employee, effect. (a) The judgment in an action subject to the provisions of this act against a governmental entity shall constitute a complete bar to any action by the claimant, by reason of the same s…

75-6108. Same; defense of governmental entity or employee, when; provision of legal counsel to employee summoned to appear before grand jury or inquisition, when; refusal by governmental entity to provide defense, when; recovery of defense or legal counsel costs, when; requests t…

75-6109. Same; indemnification of employee acting within scope of employment; no punitive or exemplary damages; recovery or defense costs by governmental entity. Except as otherwise provided in the Kansas [tort] claims act, a governmental entity is liable, and shall indemnify its…

75-6110. Same; costs for defense of municipalities or its employees; special liability expense fund, establishment and maintenance; tax levy. (a) Except as provided for school districts, payments by municipalities for the cost of providing for its defense and the defense of emplo…

75-6111. Same; purchase of insurance; interlocal agreements for purchase of insurance or pooling arrangements. (a) A governmental entity may obtain insurance to provide for (1) its defense, (2) for its liability for claims pursuant to this act, including liability for civil right…

75-6112. Same; judgments against municipalities, payment; periodic payments, conditions; interest; structured annuities. (a) Upon motion of a municipality against whom final judgment has been rendered for a claim within the scope of this act, the court in accordance with subsecti…

75-6113. Moneys for payment of judgments or settlements against municipalities, sources. Payment of any judgments, compromises or settlements for which a municipality is liable pursuant to K.S.A. 75-6101 et seq., and amendments thereto, may be made from any funds or moneys of the…

75-6115. Claims for damages against health care providers. (a) The Kansas tort claims act shall not be applicable to claims arising from the rendering of or failure to render professional services by a health care provider other than: (1) A charitable health care provider; (2) a …

75-6116. Defense and payment of liability and defense costs of employee in civil cases; payment of punitive or exemplary damages or reimbursement of related defense costs; compromise or settlement of claim; not a waiver of immunity; certain health care providers considered employ…

75-6117. Tort claims fund for payment of claims and defense expenses. (a) There is hereby established in the state treasury the tort claims fund which shall be administered by the attorney general. All expenditures from such fund shall be made upon warrants of the director of acc…

75-6118. Settlement of claims under other statutes. Nothing in the Kansas tort claims act shall be construed to preclude settlement and payment of a claim pursuant to K.S.A. 46-920 or 46-922, and amendments thereto. History: L. 1981, ch. 360, § 4; July 1. CASE ANNOTATIONS 1. Enac…

75-6119. Exception from liability for members of governing body, appointive board, commission, committee or council of a municipality. (a) A member of a governing body of a municipality who is acting within the scope of such member's office and without actual fraud or actual mali…

75-6120. Agreements for provision of gratuitous services by charitable health care providers; providers considered employees under act; rules and regulations; effect of claim on rate or cancellation of policy; reports. (a) The secretary of health and environment may enter into ag…

75-6201. Statement of policy. The purpose of this act is to establish as policy that state agencies shall cooperate in identifying debtors who owe money to the state, a foreign state agency and any municipality and that procedures be established for setting off against debtors th…

75-6202. Definitions. As used in article 62 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto: (a) "Debtor" means any person who: (1) Owes a debt to the state of Kansas or any state agency or any municipality; (2) owes support to an individual, or an agency o…

75-6203. Setoff, additional collection remedy; duties of creditor; rules and regulations; contribution of income. (a) The collection remedy under this act is in addition to and not in substitution for any other remedy available by law. (b) Each state agency, foreign state agency …

75-6204. Authority to setoff against debtors; collection of assistance fee; agreements with municipalities, lottery gaming facility managers, racetrack gaming facility managers, facility owner licensees. (a) Subject to the limitations provided in this act, if a debtor fails to pa…

75-6205. Same; minimum debt setoff; maximum setoff against earnings. (a) The director shall not effect final setoff and collect debts through use of the remedy established under this act unless the debt is equal to or greater than $25. (b) The use of setoff against earnings of a …

75-6206. Same; information to director of accounts and reports; notice to debtor; amounts subject to setoff withheld. (a) A state agency, foreign state agency or municipality which requests the director to assist in the collection of a debt due to the state agency, foreign state …

75-6207. Hearing procedure; judicial review. (a) If the director receives a timely written request for a hearing under K.S.A. 75-6206, and amendments thereto, the director shall request a presiding officer from the office of administrative hearings who shall hold a hearing in acc…

75-6208. Same; time for final setoff; hearing. After notification under K.S.A. 75-6206 and amendments thereto of the right to a hearing has been given, final setoff under K.S.A. 75-6209 and amendments thereto may occur at the following applicable time: (a) If the debtor fails to …

75-6209. Same; final setoff; notice and accounting to debtor; hearings on further setoffs, when. (a) In accordance with the applicable times under K.S.A. 75-6208, and amendments thereto, the director shall complete the setoff by adding and retaining the collection assistance fee …

75-6210. Disposition of setoff proceeds; collection assistance fee; debt credited. (a) Upon completion of a setoff transaction, the director shall transfer the net proceeds collected to the account or fund of the state agency, foreign state agency or municipality to which the deb…

75-6211. Same; priority of claims. The priority in multiple claims by state agencies, foreign state agencies and municipalities for setoff under the provisions of this act shall be according to the following priority of claims: (a) Collection of taxes owed to agencies of the stat…

75-6212. Same; use of information held by department of revenue for setoff, limitations; duty of confidentiality. (a) Notwithstanding any provision of law prohibiting disclosure by the department of revenue of the contents of taxpayer records or information and notwithstanding an…

75-6213. Same; setoff procedure regulations under prior law continued. All rules and regulations relating to setoff procedures which were adopted by the secretary of administration under K.S.A. 75-3728k and which were in effect immediately prior to the effective date of this act …

75-6214. Same; right to hearing, when; refund of amounts improperly setoff. (a) Upon written request to the director, any debtor against whom setoff has been effected may have a hearing thereon if: (1) The debtor alleges that either such debtor did not receive actual notice of th…

75-6215. Reciprocal agreements with foreign states. The secretary of revenue and the director of accounts and reports are hereby authorized to enter into reciprocal agreements with foreign states to allow the setoff of debts owed to such foreign states pursuant to K.S.A. 75-6201 …

75-6216. Agreements with federal department of the treasury; offsetting federal and state payments; fees; lawful exchange of information. (a) The director may enter into one or more agreements with the federal department of the treasury or its successor that provide for offsettin…

75-6217. Prize winnings withheld, when; indemnification of managers and licensees; remittance of withholdings. (a) Prior to any lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee paying on behalf of the state any moneys requiring the com…

75-6301. Department of insurance, securities division, established; administered by assistant commissioner; appointment and confirmation; establishment and administration of office; staff. (a) There is hereby established under the jurisdiction of the commissioner of insurance the…

75-6301a. Office of securities commissioner of Kansas renamed the department of insurance, securities division; transfer of powers, duties and functions. (a) (1) The office of the securities commissioner of Kansas, as established by K.S.A. 75-6301, and amendments thereto, is here…

75-6401. Short title. K.S.A. 75-6401 to 75-6407, inclusive, shall be known and may be cited as the Kansas prompt payment act. History: L. 1984, ch. 310, § 1; January 1, 1985. CASE ANNOTATIONS 1. K.S.A. 72-6760 as not requiring solicitation of sealed bids for rendering of services…

75-6402. Definitions. As used in the Kansas prompt payment act, unless the context clearly requires otherwise, the following words and phrases shall have the meanings respectively ascribed thereto. (a) "State agency" means the state and any state agency, department, division or a…

75-6403. Prompt payment for goods and services required; interest payment penalty; rate; conditions and procedures. (a) Each government agency purchasing or contracting for goods or services from a vendor shall make prompt payment therefor, including payment of any interest penal…

75-6404. Same; payments prior to final acceptance not prohibited. Nothing in the Kansas prompt payment act shall be construed to prohibit full or partial payments by government agencies for goods or services whether or not such goods or services have been completely received or f…

75-6405. Same; payment at discount rate; late penalty. (a) If a vendor offers a government agency a discount from the amount otherwise due under a contract for goods or services in exchange for payment within a specified period of time, the government agency may make payment in a…

75-6407. Rules and regulations. The secretary of administration may adopt necessary rules and regulations for the implementation of the provisions of the Kansas prompt payment act applicable to state agencies. History: L. 1984, ch. 310, § 7; January 1, 1985.

75-6501. State health care benefits program; benefits authorized; designation of persons qualified to participate, rules and regulations; limitations; state's employer contribution where employee elects high deductible health plan and health savings account. (a) Within the limits…

75-6502. Kansas state employees health care commission; composition; chairperson; meetings; quorum; compensation, travel allowances and expenses. (a) There is hereby established the Kansas state employees health care commission which is composed of seven members as follows: (1) T…

75-6503. Same; budgeting, purchasing and related management functions; technical administrator; additional assistance by secretary of administration. (a) Except as otherwise provided by this act, all budgeting, purchasing and related management functions of the Kansas state emplo…

75-6504. Same; powers for development and implementation of program; open meeting exemption; contract bidding exemption. (a) Subject to the provisions of appropriation acts relating thereto, in developing and providing for the implementation of a state health care benefits progra…