Kansas Statutes Annotated

K.S.A. § 12-105a (2026)

Uniform procedure for payment of claims and other indebtedness by municipalities; definitions

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 30 cases (6 in the last 5 years), 1981–2026 · leading case: Smith v. Kennedy, 985 P.2d 715 (Kan. Ct. App. 1999).

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Smith v. Kennedy, 985 P.2d 715 (Kan. Ct. App. 1999). · cites it 22× “) K.S.A. 12-105a defines municipality and governing body as follows: “(a) ‘Municipality’ means and includes county, township, city, school district of whatever name or nature, community junior college, municipal university, drainage district, cemetery district, fire district,…”

Rockers v. Kansas Tpk. Auth., 991 P.2d 889 (Kan. 1999). · cites it 8× “In response, Rockers argued the KTA is a municipality as defined in K.S.A. 12-105a and, based on the provisions of the Kansas Tort Claims Act (KTCA), a notice of claim was required.”

Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). · cites it 5× “75-6102(d) with K.S.A. 2017 Supp. 12-105a. Kansas courts, however, have consistently defined an independent contractor as "one who, in exercising an independent employment, contracts to do certain work according to his or her own methods, without being subject to the control of…”

Whaley v. Sharp, 343 P.3d 63 (Kan. 2014). · cites it 3× “[[Image here]] “(c) ‘Claim’ means the document relating to and stating an amount owing to tire 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…”

Quigley v. Gen. Motors Corp., 647 F. Supp. 656 (D. Kan. 1986). · cites it 12× “Section 12-105b imposed a general notice requirement on all parties who bring claims against a municipality (defined in K.S.A. 12-105a to include counties, townships, cities, school districts, and other political subdivisions).”

Bell v. Kansas City, Kansas, Hous. Auth., 992 P.2d 1233 (Kan. 1999). · cites it 5× “In 1968, the legislature enacted K.S.A. 12-105a and 12-105b. K.S.A. 12-105a(a) defined “municipality” as a nonexclusive list of political subdivisions and taxing units, including their boards, bureaus, commissions, committees and other agencies.”

Orr v. Heiman, 12 P.3d 387 (Kan. 2000). · cites it 3× “Under K.S.A. 12-105a, the Board of County Commissioners of Coffey County is the parent unit of CCH.”

Sleeth v. Sedan City Hosp., 317 P.3d 782 (Kan. 2014). · cites it 2× “The district court found that Sedan City Hospital was a municipality as defined by K.S.A. 2012 Supp. 12-105a(a) because it was owned by the City of Sedan, Kansas.”

Kansas Mun. Gas Agency v. Vesta Energy Co., Inc., 840 F. Supp. 814 (D. Kan. 1993). · cites it 4× “12-105b as defined by K.S.A. 12-105a(a). K.S.A. 12-105a(a) provides: “Municipality” means and includes county, township, city, school district of whatever name or nature, community junior college, municipal university, drainage district, cemetery district, fire district, and…”

Dunn v. Unified Sch. Dist. No. 367, 40 P.3d 315 (Kan. Ct. App. 2002). · cites it 2× “K.S.A. 12-105a(a). Such notice must include, among other things, "a concise statement of the factual basis of the claim, including the date, time, *233 place and circumstances of the act, omission or event complained of.”

Knorp v. Albert, 28 P.3d 1024 (Kan. Ct. App. 2001). · cites it 2× “The parties appear to agree that the hospital was a municipality under K.S.A. 12-105a(a) and that Knorp had failed to give it the notice required by 12-105b(d).”

Rubio Ex Rel. Z.R. v. Turner Unified Sch. Dist. No. 202, 475 F. Supp. 2d 1092 (D. Kan. 2007). · cites it 2× “K.S.A. § 12-105a(a) (1991) defines “municipality” to include school districts.”

Show all 30 citing cases →

— K.S.A. § 12-105a(a) — 23 cases

Rockers v. Kansas Tpk. Auth., 991 P.2d 889 (Kan. 1999). “In response, Rockers argued the KTA is a municipality as defined in K.S.A. 12-105a and, based on the provisions of the Kansas Tort Claims Act (KTCA), a notice of claim was required.”

Sleeth v. Sedan City Hosp., 317 P.3d 782 (Kan. 2014). “The district court found that Sedan City Hospital was a municipality as defined by K.S.A. 2012 Supp. 12-105a(a) because it was owned by the City of Sedan, Kansas.”

Kansas Mun. Gas Agency v. Vesta Energy Co., Inc., 840 F. Supp. 814 (D. Kan. 1993). “12-105b as defined by K.S.A. 12-105a(a). K.S.A. 12-105a(a) provides: “Municipality” means and includes county, township, city, school district of whatever name or nature, community junior college, municipal university, drainage district, cemetery district, fire district, and…”

Dunn v. Unified Sch. Dist. No. 367, 40 P.3d 315 (Kan. Ct. App. 2002). “K.S.A. 12-105a(a). Such notice must include, among other things, "a concise statement of the factual basis of the claim, including the date, time, *233 place and circumstances of the act, omission or event complained of.”

Knorp v. Albert, 28 P.3d 1024 (Kan. Ct. App. 2001). “The parties appear to agree that the hospital was a municipality under K.S.A. 12-105a(a) and that Knorp had failed to give it the notice required by 12-105b(d).”

— K.S.A. § 12-105a(b) — 3 cases

Smith v. Kennedy, 985 P.2d 715 (Kan. Ct. App. 1999). “) K.S.A. 12-105a defines municipality and governing body as follows: “(a) ‘Municipality’ means and includes county, township, city, school district of whatever name or nature, community junior college, municipal university, drainage district, cemetery district, fire district,…”

Orr v. Heiman, 12 P.3d 387 (Kan. 2000). “Under K.S.A. 12-105a, the Board of County Commissioners of Coffey County is the parent unit of CCH.”

McLinn v. Thomas Cnty. Sheriff's Dep't (D. Kan. 2021).

— K.S.A. § 12-105a(c) — 4 cases

Quigley v. Gen. Motors Corp., 647 F. Supp. 656 (D. Kan. 1986). “Section 12-105b imposed a general notice requirement on all parties who bring claims against a municipality (defined in K.S.A. 12-105a to include counties, townships, cities, school districts, and other political subdivisions).”

Whaley v. Sharp, 343 P.3d 63 (Kan. 2014). “[[Image here]] “(c) ‘Claim’ means the document relating to and stating an amount owing to tire 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…”

Swender v. Garden City Cmty. Coll. (D. Kan. 2024).

Ottawa N. R.R., LLC v. Baldwin City, Kansas, City of (D. Kan. 2023).

— K.S.A. § 12-105a(h) — 1 case

Nash v. Blatchford, 435 P.3d 562 (Kan. Ct. App. 2019). “75-6102(d) with K.S.A. 2017 Supp. 12-105a. Kansas courts, however, have consistently defined an independent contractor as "one who, in exercising an independent employment, contracts to do certain work according to his or her own methods, without being subject to the control of…”

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