Kansas 2025-2026 Regular Session Status: To Executive

SB 462 — Prohibiting persons who engaged in wrongful conduct from recovering damages in certain civil actions, prohibiting certain public nuisance claims, providing that only the attorney general may file claims regarding public nuisances that are not wholly contained in one political subdivision unless the attorney general delegates authorization to file such claims and requiring special injury for certain public nuisance actions.

Last action — Enrolled and presented to Governor on Monday, March 30, 2026

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced February 03, 2026. It awaits signature.

Vetoed by Governor Laura Kelly (Democratic) on April 09, 2026.

Next likely step: the executive signs it into law or issues a veto.

Prognosis

Advancing 42% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • To Executive

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

114 added · 205 removed

114 line(s) added, 205 removed.

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AsAmended by House Committee As Amended by Senate Committee Session of 2026 SENATE BILLNo.
SENATE BILL No.
462 By Committee on Judiciary 2-3 AN ACT concerning public nuisance;
462 AN A CTconcerning civil actions;
relating to actions in negligence;
prohibiting certain persons from recovering damages in such actions;
relating to public nuisance;
requiring the attorney general to bring nuisance actions that are not wholly contained in one political subdivision;
requiring special injury for certain public nuisance actions;
requiring special injury for certain public nuisance actions.
providing an accrual period for the statute of limitations in public nuisance actions;
amending K.S.A.
60-513 and repealing the existing section.
New Section 1. (a) (1) Notwithstanding any provision of law to the contrary, the following nonexclusive list of actions or conditions shall not be considered a public nuisance or form the basis of a public nuisance cause of action:
Section 1. (a) Notwithstanding any other provision of law, a person who engaged or participated in wrongful conduct or attempted to engage or participate in wrongful conduct shall not bring an action for negligence or collect damages for negligent conduct related to such wrongful conduct.
(1)(A) The design, manufacturing, distributing, selling, labeling or marketing of a product sold in commerce unless such product is an illegal product;  (2)(B) the down-stream, post-sale misuse or disposal of a product that is outside the defendant's control;
The party against whom negligence is alleged shall have the burden of proving, by a preponderance of the evidence, that a person was engaging or participating in wrongful conduct or attempting to engage or participate in wrongful conduct.
(3) an action or condition that is authorized, approved, licensed or mandated by law unless such action or condition is alleged to have resulted from negligent conduct;
(b) This section applies to any claim that is filed on and after July 1, 2026.
or (4)(3)(C) the aggregation of individual injuries or private rights, including, but not limited to, private nuisances;
(c) As used in this section:
or (5) any other claim, action or condition that does not constitute or give rise to a cause of action for public nuisance under common law.
(1) "Wrongful conduct" means any violation of:
(A) Federal law that constitutes a crime, regardless of whether such violation results in an arrest, citation, indictment or conviction;
or (B) state law or an ordinance or resolution adopted by a political subdivision of the state that constitutes a felony or a class A or B misdemeanor, regardless of whether such violation results in an arrest, citation, indictment or conviction;
and (2) notwithstanding the provisions of paragraph (1), "wrongful conduct" does not include conduct that constitutes trespass if:
(A) The person committing such conduct is under 18 years of age;
(B) the attractive nuisance doctrine applies to such conduct;
and (C) such person did not have the intent to commit any other violation described in paragraph (1).
Sec.
2. (a) (1) Notwithstanding any provision of law to the contrary, the following actions or conditions shall not be considered a public nuisance or form the basis of a public nuisance cause of action:
(A) The design, manufacturing, distributing, selling, labeling or marketing of a product sold in commerce unless such product is an illegal product;  (B) an action or condition that is authorized, approved, licensed or mandated by law unless such action or condition is alleged to have resulted from negligent conduct;
or (C) the aggregation of individual injuries or private rights, including, but not limited to, private nuisances.
(b) (1) Except as provided in subsection (d), in a public nuisance claim, the plaintiff shall have the burden of proving by a preponderance of SB 462—Am.
(b) Except as provided in subsection (d), in a public nuisance claim, the plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant's actions were the proximate cause of the alleged public nuisance.
by HC 2 the evidence that the defendant's actions were the cause-in-fact and proximate cause of the alleged public nuisance.
(1) A public nuisance claim may be brought by a political subdivision of the state if the alleged public nuisance is wholly contained within the jurisdiction of such political subdivision.
(2) When determining cause-in-fact for any public nuisance claim, the court shall find the defendant's actions the cause-in-fact of the harm if:
(A) The alleged public nuisance would not otherwise exist in the plaintiff's jurisdiction;
or (B) the plaintiff's expenditures to abate or address the nuisance would decrease by more than 25%.
(3) When determining proximate cause for any public nuisance claim, the court shall find the defendant's actions the proximate cause of the harm if:
(A) The defendant engaged in the activity that directly caused the public nuisance and the public nuisance was a reasonably foreseeable result of the defendant's conduct;
or (B) the defendant controlled or instructed one or more third persons to engage in the activity that directly caused the public nuisance and the resulting public nuisance was a reasonably foreseeable result of such activity.
(c) (1) A public nuisance cause of action may be brought by a political subdivision of the state only if the alleged public nuisance is wholly contained within the jurisdiction of such political subdivision.
(2) If the alleged public nuisance is not wholly contained within a political subdivision of the state, the attorney general is the only governmental official or agency in this state that may file a claim regarding such public nuisance.
Prior to filing such claim, the attorney general shall consult with and obtain the written approval of the governor to file such claim.
(3) In a public nuisance action filed by a political subdivision or the attorney general, the court shall not award:
(A) Monetary damages of any kind, including, but not limited to, economic, noneconomic or punitive damages;
or (B) the costs of abating a potential future public nuisance.
(4) (1) A public nuisance claim may be brought by a political subdivision of the state if the alleged public nuisance is wholly contained within the jurisdiction of such political subdivision.
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(3) A public nuisance claim by a political subdivision or a political subdivision or the attorney general shall be brought by verified complaint, SB 462—Am.
SENATE BILL No.
by HC 3 counter-claim or third-party complaint that pleads each element with particularity as required by K.S.A.
462—page 2 (3) A public nuisance claim by a political subdivision or the attorney general shall be brought by verified complaint, counter-claim or third-party complaint that pleads each element with particularity as required by K.S.A.
Such private person shall have the burden to prove, by clear and convincing evidence, that the defendant's actions where the cause-in- fact and proximate cause of the special injury.
A public nuisance claim by a private person shall be brought by verified complaint, counter-claim or third-party complaint that pleads each element with particularity as required by K.S.A.
60-209, and amendments thereto.
In a public nuisance claim brought by a private person, the court may only award damages in the form of compensatory damages for the special injury that are not otherwise reimbursed by a governmental entity.
Abatement of a public nuisance by the defendant does not preclude the right of a private person to recover damages under this subsection.
If a pending public nuisance claim may only be brought by the attorney general pursuant to subsection (c), the attorney general shall be substituted as plaintiff pursuant to K.S.A.
60-225, and amendments thereto.
The attorney general shall request that such case be dismissed unless the attorney general obtains the written approval of the governor pursuant to subsection (c).
"Special injury" does not include:
(A) An injury based on impairment of the spiritual, cultural or emotional significance associated with a navigable lake, river, bay, stream, canal or basin or a public park, square, street, road or highway;
(B) an injury arising from odors or emissions that comply with applicable permits or objective standards;
or (C) financial expenditures made by a private person related to an injunction of or any response to a public nuisance.
If any portion of this act SB 462—Am.
If any portion of this act is held by a court to be unconstitutional or invalid, or the application of any portion of this act to any person or circumstance is held by a court to be unconstitutional or invalid, the invalidity shall not affect other portions of this act that can be given effect without the invalid portion or application, and the applicability of such other portions of this act to any person or circumstance remains valid and enforceable.
by HC 4 is held by a court to be unconstitutional or invalid, or the application of any portion of this act to any person or circumstance is held by a court to be unconstitutional or invalid, the invalidity shall not affect other portions of this act that can be given effect without the invalid portion or application, and the applicability of such other portions of this act to any person or circumstance remains valid and enforceable.
SENATE BILL No.
Sec.
462—page 3 Sec.
2. K.S.A.
3. This act shall take effect and be in force from and after its publication in the statute book.
60-513 is hereby amended to read as follows:
I hereby certify that the abovILLoriginated in the SENATE, and passed that body __________________________ SENATE adopted Conference Committee Report ________________ _________________________ President of the Senate.
60-513.
_________________________ Secretary of the Senate.
(a) The following actions shall be brought within two years:
Passed the HOUSE as amended _________________________ H OUSEadopted Conference Committee Report ________________ _________________________ Speaker of the House.
(1) An action for trespass upon real property.
_________________________ Chief Clerk of the House.
(2) An action for taking, detaining or injuring personal property, including actions for the specific recovery thereof.
A PPROVED_____________________________ _________________________ Governor.
(3) An action for relief on the ground of fraud, but the cause of action shall not be deemed to have accrued until the fraud is discovered.
(4) An action for injury to the rights of another, not arising on contract, and not herein enumerated.
(5) An action for wrongful death.
(6) An action to recover for an ionizing radiation injury as provided in K.S.A.
60-513a, 60-513b and 60-513c, and amendments thereto.
(7) An action arising out of the rendering of or failure to render professional services by a health care provider, not arising on contract.
(b) Except as provided in subsections (c) and, (d) and (e), the causes of action listed in subsection (a) shall not be deemed to have accrued until the act giving rise to the cause of action first causes substantial injury, or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall an action be commenced more than 10 years beyond the time of the act giving rise to the cause of action.
(c) A cause of action arising out of the rendering of or the failure to render professional services by a health care provider shall be deemed to have accrued at the time of the occurrence of the act giving rise to the cause of action, unless the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall such an action be commenced more than four years beyond the time of the act giving rise to the cause of action.
(d) A negligence cause of action by a corporation or association against an officer or director of the corporation or association shall not be deemed to have accrued until the act giving rise to the cause of action first causes substantial injury, or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably SB 462—Am.
by HC 5 ascertainable to the injured party, but in no event shall such an action be commenced more than five years beyond the time of the act giving rise to the cause of action.
All other causes of action by a corporation or association against an officer or director of the corporation or association shall not be deemed to have accrued until the act giving rise to the cause of action first causes substantial injury and there exists a disinterested majority of nonculpable directors of the corporation or association, or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable and there exists a disinterested majority of nonculpable directors of the corporation or association, but in no event shall such an action be commenced more than 10 years beyond the time of the act giving rise to the cause of action.
For purposes of this subsection, the term "negligence cause of action" shall not include a cause of action seeking monetary damages for any breach of the officer's or director's duty of loyalty to the corporation or association, for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, for liability under K.S.A.
17-5812, 17-6410, 17- 6423, 17-6424 or 17-6603 and amendments thereto, or for any transaction from which the officer or director derived an improper personal benefit.
(e) A cause of action for public nuisance as described in section 1, and amendments thereto, that involves a continuing or recurring condition shall be deemed to have accrued at the time the plaintiff first discovered or should have discovered the condition and the identity of the defendant.
Subsequent recurrences shall not restart the period of limitation.
(f) The provisions of this section as it was constituted prior to July 1, 1996, shall continue in force and effect for a period of two years from that date with respect to any act giving rise to a cause of action occurring prior to that date.
Sec.
3. K.S.A.
60-513 is hereby repealed.
Sec.
4.
2. This act shall take effect and be in force from and after its publication in the statute book.
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Action History

  1. Enrolled and presented to Governor on Monday, March 30, 2026

  2. Vetoed by Governor; Returned to Senate on Wednesday, April 8, 2026

  3. Motion to override veto prevailed; Yea 30, Nay 9, Absent 1

  4. Motion to override veto prevailed; Yea 86, Nay 37, Absent 2

  5. Conference Committee Report agree to disagree adopted; Sen. Kellie Warren, Sen. Kenny Titus and Sen. Ethan Corson appointed as second conferees

  6. Conference committee report now available

  7. Conference Committee Report was adopted; Yea 86, Nay 37, Absent 2

  8. Conference Committee Report was adopted; Yea 29, Nay 10, Absent 1

  9. Conference committee report now available

  10. Conference Committee Report agree to disagree adopted; Rep. Susan Humphries, Rep. Laura Williams and Rep. Dan Osman appointed as second conferees

  11. Nonconcurred with amendments; Conference Committee requested; appointed Sen. Kellie Warren, Sen. Kenny Titus and Sen. Ethan Corson

  12. Motion to accede adopted; Rep. Susan Humphries, Rep. Laura Williams and Rep. Dan Osman appointed as conferees

  13. Committee of the Whole - Motion to Amend - Offered by Rep. Dan Osman

  14. Committee of the Whole - Committee Report be adopted

  15. Committee of the Whole - Amendment by Rep. Dan Osman was rejected

  16. Committee of the Whole - Be passed as amended

  17. Motion to advance to Emergency Final Action adopted

  18. Emergency Final Action - Passed as amended; Yea 84, Nay 40, Absent 1

  19. Committee Report recommending bill be passed as amended by House Committee on Judiciary

  20. Received and Introduced

  21. Referred to House Committee on Judiciary

  22. Committee of the Whole - Committee Report be adopted

  23. Committee of the Whole - Be passed as amended

  24. Emergency Final Action - Passed as amended; Yea 29, Nay 11

  25. Committee Report recommending bill be passed as amended by Senate Committee on Judiciary

  26. Referred to Senate Committee on Judiciary

  27. Introduced

Sponsors

  • Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 164 not signed on

Sponsors (1)

  • Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (164)

164 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 462?
SB 462 is sponsored by Committee on Judiciary.
What is the current status of SB 462?
This bill has been sent to the executive. Introduced February 03, 2026. It awaits signature.
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