Session Law

Identifying Information:L. 2002 ch. 073
Other Identifying Information:2002 House Bill 2677
Tax Type:Other
Brief Description:An Act concerning public improvements and buildings; relating to public works bonds; amending K.S.A. 2001 Supp. 60-1111 and repealing the existing section.
Keywords:


Body:

CHAPTER 73

HOUSE BILL No. 2677


An Act concerning public improvements and buildings; relating to public works bonds;

amending K.S.A. 2001 Supp. 60-1111 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2001 Supp. 60-1111 is hereby amended to read as

follows: 60-1111. (a) Bond by contractor. Except as provided in subsection

(c), whenever any public official, under the laws of the state, enters into

contract in any sum exceeding $40,000 with any person or persons for

the purpose of making any public improvements, or constructing any

public building or making repairs on the same, such officer shall take,

from the party contracted with, a bond to the state of Kansas with good

and sufficient sureties in a sum not less than the sum total in the contract,

conditioned that such contractor or the subcontractor of such contractor

shall pay all indebtedness incurred for labor furnished, materials, equip-

ment or supplies, used or consumed in connection with or in or about

the construction of such public building or in making such public im-

provements.

A contract which requires a contractor or subcontractor to obtain a

payment bond or any other bond shall not require that such bond be

obtained from a specific surety, agent, broker or producer. A public of-

ficial entering into a contract which requires a contractor or subcontrac-

tor to obtain a payment bond or any other bond shall not require that

such bond be obtained from a specific surety, agent, broker or producer.

(b) Filing and limitations. The bond required under subsection (a)

shall be filed with the clerk of the district court of the county in which

such public improvement is to be made. When such bond is filed, no lien

shall attach under this article, and if when such bond is filed liens have

already been filed, such liens shall be discharged. Any person to whom

there is due any sum for labor or material furnished, as stated in the

preceding section, or such person's assigns, may bring an action on such

bond for the recovery of such indebtedness but no action shall be brought

on such bond after six months from the completion of such public im-

provements or public buildings.

(c) In any case of a contract for construction, repairs or improvements

for the state or a state agency under K.S.A. 75-3739 or 75-3741, and

amendments thereto, a certificate of deposit payable to the state may be

accepted in accordance with and subject to K.S.A. 60-1112, and amend-

ments thereto. When such certificate of deposit is so accepted, no lien

shall attach under this article, and if when such certificate of deposit is

so accepted, liens have already been filed, such liens shall be discharged.

Any person to whom there is due any sum for labor furnished, materials,

equipment or supplies used or consumed in connection with or for such

contract for construction, repairs or improvements, shall make a claim

therefor with the director of purchases under K.S.A. 60-1112, and amend-

ments thereto.

Sec. 2. K.S.A. 2001 Supp. 60-1111 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 17, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002