Kansas 2025-2026 Regular Session

Kansas House Bill HB2341

Introduced
2/7/25  

Caption

Requiring that sureties for bonds secured for the purpose of clearing contractors liens against property be licensed to do business in Kansas, providing that district courts award attorney fees and costs to successful claimants that demanded payment by the principal and surety prior to filing suit and did not receive payment and requiring a pretrial hearing in such a suit for the purpose of a preliminary finding by the court of whether the surety should pay the amount of the claim to the claimant or alternatively pay such amount into an account to be held by the court.

Summary

HB 2341 amends Kansas law governing contractor’s and other liens by changing the rules for bonds posted by property owners or contractors to clear or secure disputed lien claims. The bill requires any surety on such a bond to be licensed to do business in Kansas, and it preserves the existing effect of an approved and filed bond: once filed, liens covered by the bond do not attach, and any already-filed liens are discharged. The bill also adds new procedures for disputes brought on these bonds. If a claimant makes a written demand for payment to both the principal and surety and is not paid within 30 days, and then prevails in court, the district court must award attorney fees and court costs against the principal and surety. In addition, the court must hold a hearing within 30 days after the answer is filed to make an initial determination whether the surety should pay the claimed amount directly to the claimant or deposit the amount with the court pending final resolution.

Impact

HB 2341 would amend and replace K.S.A. 60-1110, the statute governing bonds used to discharge mechanics’ and other related liens. It would tighten surety requirements by limiting sureties to those licensed in Kansas, and it would create a fee-shifting rule and expedited pretrial hearing process in bond litigation. The practical effect is to give claimants stronger leverage in collecting disputed amounts while also providing a faster mechanism for handling bond proceeds during litigation.

Sentiment

No committee transcript or vote record was provided, so there is no direct evidence of debate or recorded support/opposition. Based on the bill text and caption, the measure appears aimed at improving enforcement and payment protections for lien claimants, which suggests a generally pro-claimant and pro-contractor-payment policy approach. The absence of recorded opposition or amendments in the provided materials means overall sentiment cannot be assessed beyond the bill’s apparent remedial purpose.

Contention

The main points of potential contention are the new obligations placed on principals and sureties, especially the mandatory award of attorney fees and costs after a claimant’s successful suit following a written demand. Another likely issue is the expedited hearing requirement and the court’s authority to require the surety to pay the claim into a court-held account before final judgment, which may be viewed as increasing pressure on sureties and property owners. Requiring sureties to be licensed in Kansas could also be debated as a consumer-protection measure versus a restriction on available bonding options.

Companion Bills

No companion bills found.

Previously Filed As

KS SB1

Modifying income tax rates for individuals, exempting all social security benefits from Kansas income tax, increasing the Kansas standard deduction and the Kansas personal exemption, increasing the income tax credit amount for household and dependent care expenses, decreasing the privilege tax normal tax, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value for property tax valuation purposes, increasing the extent of property tax exemption for residential property from the statewide school levy, providing for certain transfers to the state school district finance fund and abolishing the local ad valorem tax reduction fund and the county and city revenue sharing fund.

KS SB2

Eliminating the income limit to qualify for the subtraction modification exempting social security benefits, increasing the income tax credit amount for household and dependent care expenses, establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, citing the increased property tax homestead refund claim section as the homeowners' property tax freeze program, decreasing the normal privilege tax rate, increasing the extent of property tax exemption for residential property from the statewide school levy, decreasing the rate of ad valorem tax imposed by a school district; providing for certain transfers to the state school district finance fund, reducing the state rate of tax on sales of food and food ingredients and modifying the percent credited to the state highway fund from revenue collected.

KS HB2003

Establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, modifying the definition of household income and increasing the appraised value threshold for eligibility of seniors and disabled veterans related to increased property tax claims and citing the section as the homeowners' property tax freeze program, providing property tax exemptions for certain personal property including watercraft, marine equipment, off-road vehicles, motorized bicycles and certain trailers, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value, providing for certain exclusions from the prohibition of paying taxes under protest after a valuation notice appeal and providing four prior years' values on the annual valuation notice.

KS HB2001

Authorizing the secretary of commerce to enter into agreements with major professional sports franchises to establish STAR bond projects for a major professional sports complex, providing for additional revenue sources, expanding the powers and discretion of the secretary and making other changes to the STAR bonds financing act to facilitate such projects, limiting the secretary’s authority to approve such projects to one year unless extended by the legislative coordinating council, authorizing the Kansas development finance authority to issue STAR bonds for such projects, transferring funds under certain circumstances from the state gaming revenues fund to the attracting professional sports to Kansas fund for the fiscal year ending June 30, 2025, and, if approved by the legislative coordinating council, for the fiscal year ending June 30, 2026.

KS SB7

Authorizing federally licensed firearm dealers, in addition to county sheriffs, to receive applications for concealed carry licenses and forward such applications to the attorney general, prohibiting sheriffs from assessing any fee related to application services and allowing dealers to assess a fee related to application services not to exceed $20.

KS SCR1601

Informing the Governor that the two houses of the Legislature are organized and ready to receive communications.

KS SCR1604

Proposing to amend section 1 of article 11 of the constitution of the state of Kansas to limit property tax valuation increases for real property and personal property mobile homes.

KS HB2002

Expanding medical assistance eligibility and enacting the cutting healthcare costs for all Kansans act.

KS SB8

Exempting the sale of firearms, firearms accessories, ammunition, firearm safes and firearm safety devices from the retatilers' sales tax.

KS SCR1602

Approving the creation of a port authority in Wyandotte County Kansas.

Similar Bills

No similar bills found.