The Kansas Legislature has taken bold, decisive action this session to rein in lawsuit abuse and protect businesses and individual taxpayers alike. The Sunflower State has enacted two landmark bills, HB 2593 and SB 462, to restore fairness to litigation, reduce unpredictable and nebulous liability, and bring greater transparency to claims brought by local governments. ILR was proud to play a role in advancing both measures across the finish line. We extend our sincere thanks to the House and Senate Judiciary Committee for their leadership in prioritizing these critical reforms.
Municipal Litigation Transparency: HB 2593
HB 2593 addresses the growing trend of local governments hiring private contingency fee lawyers for large-scale litigation with little public transparency or accountability. Under the new law, political subdivisions must hold an open public meeting disclosing the justification for the litigation, the selected firm’s qualifications, any pre-existing relationships, and why a contingency fee arrangement, rather than in-house counsel or hourly billing, serves residents’ best interests. Formal written findings are required before any contract is approved.
The Attorney General must also approve any contingency fee contract before it takes effect. The AG may refuse approval if the matter overlaps with state litigation, which could undermine the state’s unified legal position, or if the contract violates the Kansas Rules of Professional Conduct. The AG also has authority to intervene in proceedings where a political subdivision is represented pursuant to a non-compliant contract.
ILR provided written testimony on February 10, 2026, and in-person testimony on March 5, 2026. We also partnered with Attorney General Kris Kobach’s office to build consensus and a strong coalition behind this reform, working closely with sponsors as they developed the legislation. After the Governor vetoed HB 2593 on April 9th, the Senate voted 27-12 and the House 85-38 to override his veto.
Barring Wrongdoers from Profiting Through Litigation and Curbing Public Nuisance Abuse: SB 462
SB 462 tackles two critical issues. First, it bars individuals engaged in wrongful conduct, including certain violations of state and federal criminal law, from bringing negligence claims or collecting damages related to their misconduct. It is a basic matter of fairness: individuals who are engaged in criminal or other wrongful conduct should not be able to turn around and sue others for negligence arising from that very misconduct. SB 462 codifies that principle into Kansas law.
Second, the bill restores meaningful boundaries to public nuisance law, which as ILR has previously reported, has become an all-consuming, ever-amorphous “super tort”. Under SB 462, the design, manufacturing, distribution, sale, labeling, or marketing of a lawful product can no longer form the basis of a public nuisance claim. Further, the law prevents the aggregation of private injuries from forming the basis of public nuisance actions, requires private plaintiffs to show a “special injury” different in kind from the general public’s harm, and prohibits public nuisance class actions. Moreover, under SB 462, only the Attorney General may file public nuisance claims crossing the boundaries of political subdivision unless the AG delegates that authority in writing. These changes provide meaningful and critical guardrails to public nuisance law, which has become a favored vehicle of enterprising plaintiffs’ lawyers pursuing novel—and oftentimes specious—lawsuits.
ILR advocated for SB 462, including through the submission of written testimony. The Governor’s veto of SB 462 was short-lived as the Kansas legislature overrode it with the House voting 86-37 and the Senate 30-9. The bill is set to take effect on July 1, 2026.
Why These Reforms Matter
Together, HB 2593 and SB 462 represent a landmark session for legal reform in Kansas. HB 2593 brings long-overdue transparency and state-level oversight to the way local governments engage private attorneys for high stakes litigation. SB 462 ensures that those engaged in wrongful conduct cannot exploit the courts for personal gain and protects lawfully operating businesses from the misuse of public nuisance claims.
ILR remains committed to advancing sensible, impactful legal reforms in statehouses across the country. Kansas’s public nuisance reforms follow Utah’s enactment of similar public nuisance legislation earlier this year, signaling a growing, bipartisan momentum among states to rein in the misuse of public nuisance law. Together, these efforts demonstrate that Kansas stands as a model for other states looking to pass meaningful public nuisance protections and litigation accountability measures. When a state’s legislators, attorney general, the business community, and reform advocates come together with a shared commitment to fairness and accountability, meaningful change is achievable. We look forward to building on this momentum in the sessions ahead.