Session of 2000
By Committee on Federal and State Affairs

10             AN  ACT concerning certain public agencies; relating to interlocal co-
11             operation; amending K.S.A. 12-2903 and 12-2904 and repealing the
12             existing sections.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 12-2903 is hereby amended to read as follows: 12-
16       2903. For the purposes of As used in this act:
17             (a) The term ``Public agency'' shall mean any county, township, city,
18       town, village, school district, library district, road district, drainage or
19       levee district, sewer district, water district, fire district or other municipal
20       corporation, quasi-municipal corporation or political subdivision of this
21       state or of any other state and any agency or instrumentality of this state
22       or any other state or of the United States;.
23             (b) The term ``State'' shall mean a state of the United States and the
24       District of Columbia;.
25             (c) The term ``Private agency'' shall mean an individual, firm, asso-
26       ciation or corporation.
27             (d) ``Native American Indian tribe'' shall mean any Native American
28       Indian tribe which has entered into a gaming compact with the state of
29       Kansas pursuant to K.S.A. 46-2302, and amendments thereto.
30             Sec.  2. K.S.A. 12-2904 is hereby amended to read as follows: 12-
31       2904. (a) Any power or powers, privileges or authority exercised or ca-
32       pable of exercise by a public agency of this state including but not limited
33       to those functions relating to economic development, public improve-
34       ments, public utilities, police protection, libraries, data processing serv-
35       ices, educational services, building and related inspection services, flood
36       control and storm water drainage, weather modification, sewage disposal,
37       refuse disposal, park and recreational programs and facilities, ambulance
38       service, fire protection, the Kansas tort claims act or claims for civil rights
39       violations, may be exercised and enjoyed jointly with any other public
40       agency of this state or with any private agency, and jointly with any public
41       agency of any other state or of the United States to the extent that the
42       laws of such other state or of the United States permit such joint exercise
43       or enjoyment. Any agency of the state government when acting jointly


  1       with any public or private agency may exercise and enjoy all of the powers,
  2       privileges and authority conferred by this act upon a public agency.
  3             (b) Any public agency may enter into agreements with one or more
  4       public or private agencies for joint or cooperative action pursuant to the
  5       provisions of this act. Appropriate action by ordinance, resolution or oth-
  6       erwise pursuant to law of the governing bodies of the participating public
  7       agencies shall be necessary before any such agreement may enter into
  8       force.
  9             (c) Any public agency may enter into agreements with a Native Amer-
10       ican Indian tribe for joint or cooperative action. Such agreement shall be
11       considered to be an interlocal agreement and shall be subject to the pro-
12       cedures and limitations of the interlocal cooperation act.
13             (c) (d) Any such agreement shall specify the following:
14             (1) Its duration.
15             (2) The precise organization, composition and nature of any separate
16       legal or administrative entity created thereby together with the powers
17       delegated thereto, provided such entity may be legally created.
18             (3) Its purpose or purposes.
19             (4) The manner of financing the joint or cooperative undertaking and
20       of establishing and maintaining a budget therefor.
21             (5) The permissible method or methods to be employed in accom-
22       plishing the partial or complete termination of the agreement and for
23       disposing of property upon such partial or complete termination.
24             (6) Any other necessary and proper matters.
25             (d) (e) In the event that the agreement does not establish a separate
26       legal entity to conduct the joint or cooperative undertaking, the agree-
27       ment, in addition to items 1, 3, 4, 5 and 6 enumerated in subdivision (c)
28       (d) hereof, shall contain the following:
29             (1) Provision for an administrator or a joint board or one of the par-
30       ticipating public agencies to be responsible for administering the joint or
31       cooperative undertaking. In the case of a joint board public agencies party
32       to the agreement shall be represented.
33             (2) The manner of acquiring, holding and disposing of real and per-
34       sonal property used in the joint or cooperative undertaking.
35             (e) (f) No agreement made pursuant to this act shall relieve any public
36       agency of any obligation or responsibility imposed upon it by law except
37       that to the extent of actual and timely performance thereof by a joint
38       board or other legal or administrative entity created by an agreement
39       made hereunder, such performance may be offered in satisfaction of the
40       obligation or responsibility.
41             (f) (g) Every agreement made hereunder, except agreements be-
42       tween two or more public agencies establishing a council or other organ-
43       ization of local governments for the study of common problems of an area


  1       or region and for the promotion of intergovernmental cooperation, prior
  2       to and as a condition precedent to its entry into force, shall be submitted
  3       to the attorney general who shall determine whether the agreement is in
  4       proper form and compatible with the laws of this state. The attorney
  5       general shall approve any agreement submitted hereunder unless the at-
  6       torney general shall find that it does not meet the conditions set forth
  7       herein and shall detail in writing addressed to the governing bodies of
  8       the public and private agencies concerned the specific respects in which
  9       the proposed agreement fails to meet the requirements of law. Failure
10       to disapprove an agreement submitted hereunder within 90 days of its
11       submission shall constitute approval thereof. 
12       Sec.  3. K.S.A. 12-2903 and 12-2904 are hereby repealed.
13        Sec.  4. This act shall take effect and be in force from and after its
14       publication in the statute book.