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HB 2228

Decreasing the minimum density requirements for middle housing.

2023-2024 Regular Session Introduced by Leonard Christian

Kansas political subdivisions must obtain Attorney General approval before hiring contingent-fee outside counsel, with required transparency steps; sunset July 1, 2029.

First reading, referred to Housing.
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Bill Summary · HB 2228

Summary — HB 2228 (2025)

Purpose

HB 2228 addresses who may enter into contingent‑fee (outcome‑based) legal contracts on behalf of political subdivisions and creates processes to increase transparency and State oversight. A Senate substitute replaced the bill’s original corrections provisions with this contingency‑fee framework. The substitute is temporary and would expire July 1, 2029.

Key provisions

  • Open‑meeting notice and agenda requirements: Before approving a contingent‑fee contract the governing body of a political subdivision must call a public meeting and include in the notice/agenda:
    • Reasons for pursuing the legal matter and desired outcome;
    • Qualifications, experience and competence of the attorney or firm considered;
    • Any relationship between the subdivision and the attorney/firm;
    • Why the subdivision’s own attorneys cannot handle the matter;
    • Why an hourly fee arrangement is not reasonably available; and
    • Why a contingency contract is in residents’ best interest.
  • Written findings: The governing body must make written findings that (1) the contract is in residents’ best interest or there is substantial need; (2) internal counsel cannot adequately perform the work; and (3) hourly counsel is not reasonably obtainable (due to the nature of the matter or cost).
  • Attorney General (AG) approval: A contingent‑fee contract approved by a subdivision is not effective until the Kansas AG approves it. The subdivision must submit the contract, description of the matter, meeting notice/agenda and the written findings to the AG.
    • The AG must approve or refuse within 45 days. If no action is taken within 45 days, the contract is deemed approved.
    • The AG must promptly approve matters of purely local concern.
    • The AG may refuse for three enumerated reasons: overlap with State litigation, issues better handled by State enforcement (risking inconsistent positions), or non‑compliance with the Kansas Rules of Professional Conduct.
  • Enforcement and remedies: If a subdivision proceeds under a non‑compliant contingent‑fee contract, the AG may appear in litigation to seek dismissal or may intervene and seek recovery on behalf of the subdivision; courts must dismiss non‑compliant matters without prejudice or allow AG intervention.
  • Retroactive review: Contracts entered between July 1, 2024 and July 1, 2025 must be submitted to the AG by July 1, 2026 for review under the bill’s rules.
  • Definitions and exclusions: “Contingent fee,” “legal services,” and “political subdivision” are defined. Certain services are excluded (e.g., bond counsel, debt collection, property sales, enforcement of support orders). Water utilities are excluded from the “political subdivision” definition.
  • Sunset: Provisions expire July 1, 2029.

Who is affected

  • Political subdivisions (counties, cities, municipal boards, commissions, quasi‑municipal entities) that seek to hire outside counsel on a contingency basis.
  • Private attorneys and law firms contracting with local governments.
  • Kansas Attorney General’s Office (additional review workload).
  • Residents and taxpayers of affected subdivisions (transparency and potential impact on legal strategy/outcomes).

Fiscal impact & background

  • The enrolled Senate substitute did not include a fiscal note for the AG’s workload; neutral testimony raised concerns about increased OAG workload.
  • The House version (substituted out) would have required the Kansas Department of Corrections to assist inmates with obtaining IDs and records prior to release; KDOC estimated increased State General Fund costs of $282,675 in FY 2026 and FY 2027 and 4.0 FTE to expand the ID/release coordinator program. Those provisions were removed by the Senate substitute.

Legislative action & current status

  • Introduced: Jan 29, 2025.
  • Passed both chambers (Senate substitute adopted). Enrolled and presented to Governor on Apr 1, 2025.
  • Vetoed by the Governor; on Apr 11, 2025 the House sustained the veto (no motion to reconsider). The bill is therefore not enacted.

Compiled from official sources — confirm details with the bill’s official record.

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