72-64b02. Notice of claim prior to filing suit. - Kansas Statutes

72-64b02

Chapter 72.--SCHOOLS Article 64b.--SCHOOL FINANCE LITIGATION

      72-64b02.   Notice of claim prior to filingsuit.(a) Before commencing an action pursuant to K.S.A. 2009Supp. 72-64b03, and amendments thereto, a party alleging a violation of article6 of the Kansas constitutionshall file a written notice as provided in this section. The notice shall befiled with the chief clerk ofthe house of representatives and the secretary of the senate and shall containthe following: (1) Thename and address of the party or parties and the name and address of theparty's or parties' attorney,if any; (2) a concise statement of the factual basis of the alleged violation,including supportingdocumentation; and (3) a statement of the amount of monetary damages a specificrelief that is beingrequested. In the filing of a notice of claim, substantial compliance with theprovisions andrequirements of this subsection shall constitute valid filing of a claim. Thecontents of such noticeshall not be admissible in any subsequent action arising out of the claim. Oncenotice of the allegedviolation is filed, no action shall be commenced until after the party hasreceived a written responseby the legislature or until after 120 days has passed following the filing ofthe notice of claim,whichever occurs first.

      (b)   Except as otherwise provided, before any alleged violation is presentedto the legislatureor before any alleged violation is acted upon by the legislature, the allegedviolation shall beinvestigated by the legislative counsel.

      History:   L. 2005, ch. 2, § 24 (Special Session); July 28.