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KS HB2685
Bill
Status
2/4/2026
Primary Sponsor
Bill Rhiley
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AI Summary
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Establishes personal civil liability for any public official—including law enforcement officers, prosecutors, judges, legislators, and administrative personnel—who commits unconstitutional actions or acts outside the scope of their lawful authority, such as corruption, discrimination, or gross negligence
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Eliminates qualified immunity, sovereign immunity, and other forms of official immunity as defenses under this act, while preserving judicial and legislative immunity for core functions and not affecting federal immunities under 42 U.S.C. § 1983
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Requires plaintiffs to prove by a preponderance of the evidence that the official's conduct was knowing, willful, or in reckless disregard of the law; provides safe harbors for good faith errors in judgment, discretionary policy decisions, and actions taken pursuant to valid court orders or warrants
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Allows compensatory damages, punitive damages (capped at three times compensatory damages or $500,000, whichever is greater), attorney fees, and court costs; prohibits public entities from indemnifying liable officials except for compensatory damages when the official acted without malice
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Sets a two-year statute of limitations, permits the attorney general or district attorney to intervene in cases involving significant public interest, and takes effect upon publication in the Kansas Register
Legislative Description
Enacting the public official accountability act to provide personal liability for actions by public officials that violate constitutional rights or exceed such official's lawful duties.
Last Action
House Referred to Committee on Federal and State Affairs
2/4/2026