As Amended by House Committee

[As Amended by Senate Committee of the Whole]

As Amended by Senate Committee
Session of 2000
By Senators Oleen, Vratil and Biggs

12             AN  ACT concerning certain law enforcement officers of the state and
13             certain political subdivisions thereof; concerning Native American In-
14             dian tribal law enforcement officers.
16       AN ACT concerning public agencies; relating to interlocal coop-
17             eration; amending K.S.A. 12-2903 and 12-2904 and repealing
18             the existing sections.
19             Be it enacted by the Legislature of the State of Kansas:
20             Section  1. Whenever a Native American Indian tribal law enforce-
21       ment agency or law enforcement officer of such tribal agency is requested
22       to assist [by] a state, county or city law enforcement agency or law en-
23       forcement officer of such agency [to assist such state, county or city
24       agency or officer], the tribal law enforcement agency or officer shall
25       be considered to be a law enforcement agency or officer of such state,
26       county or city agency and shall have the same powers and duties powers,
27       duties and immunities of such state, county or city agency during the
28       period of time in which the tribal law enforcement agency or officer is
29       providing such assistance. 
30        Section  1. K.S.A. 12-2903 is hereby amended to read as fol-
31       lows: 12-2903. For the purposes of As used in this act:
32             (a) The term ``Public agency'' shall mean any county, township,
33       city, town, village, school district, library district, road district,
34       drainage or levee district, sewer district, water district, fire district
35       or other municipal corporation, quasi-municipal corporation or
36       political subdivision of this state or of any other state and any
37       agency or instrumentality of this state or any other state or of the
38       United States;.
39             (b) The term ``State'' shall mean a state of the United States and
40       the District of Columbia;.
41             (c) The term ``Private agency'' shall mean an individual, firm,


  1       association or corporation.
  2             (d) ``Native American Indian tribe'' shall mean any Native American
  3       Indian tribe which has entered into a gaming compact with the state of
  4       Kansas pursuant to K.S.A. 46-2302, and amendments thereto.
  5             Sec.  2. K.S.A. 12-2904 is hereby amended to read as follows:
  6       12-2904. (a) Any power or powers, privileges or authority exercised
  7       or capable of exercise by a public agency of this state including
  8       but not limited to those functions relating to economic develop-
  9       ment, public improvements, public utilities, police protection, li-
10       braries, data processing services, educational services, building
11       and related inspection services, flood control and storm water
12       drainage, weather modification, sewage disposal, refuse disposal,
13       park and recreational programs and facilities, ambulance service,
14       fire protection, the Kansas tort claims act or claims for civil rights
15       violations, may be exercised and enjoyed jointly with any other
16       public agency of this state or with any private agency, and jointly
17       with any public agency of any other state or of the United States
18       to the extent that the laws of such other state or of the United
19       States permit such joint exercise or enjoyment. Any agency of the
20       state government when acting jointly with any public or private
21       agency may exercise and enjoy all of the powers, privileges and
22       authority conferred by this act upon a public agency.
23             (b) Any public agency may enter into agreements with one or
24       more public or private agencies for joint or cooperative action pur-
25       suant to the provisions of this act. Appropriate action by ordinance,
26       resolution or otherwise pursuant to law of the governing bodies of
27       the participating public agencies shall be necessary before any
28       such agreement may enter into force.
29             (c) Any public agency, other than the state of Kansas or any agency
30       or instrumentality of the state of Kansas, may enter into agreements with
31       a Native American Indian tribe for joint or cooperative action. Such
32       agreement shall be considered to be an interlocal agreement and shall be
33       subject to the procedures and limitations of the interlocal cooperation act.
34             (c) (d) Any such agreement shall specify the following:
35             (1) Its duration.
36             (2) The precise organization, composition and nature of any
37       separate legal or administrative entity created thereby together
38       with the powers delegated thereto, provided such entity may be
39       legally created.
40             (3) Its purpose or purposes.
41             (4) The manner of financing the joint or cooperative undertak-
42       ing and of establishing and maintaining a budget therefor.
43             (5) The permissible method or methods to be employed in ac-


  1       complishing the partial or complete termination of the agreement
  2       and for disposing of property upon such partial or complete
  3       termination.
  4             (6) Any other necessary and proper matters.
  5             (d) (e) In the event that the agreement does not establish a
  6       separate legal entity to conduct the joint or cooperative undertak-
  7       ing, the agreement, in addition to items 1, 3, 4, 5 and 6 enumerated
  8       in subdivision (c) (d) hereof, shall contain the following:
  9             (1) Provision for an administrator or a joint board or one of
10       the participating public agencies to be responsible for administer-
11       ing the joint or cooperative undertaking. In the case of a joint
12       board public agencies party to the agreement shall be represented.
13             (2) The manner of acquiring, holding and disposing of real and
14       personal property used in the joint or cooperative undertaking.
15             (e) (f) No agreement made pursuant to this act shall relieve any
16       public agency of any obligation or responsibility imposed upon it
17       by law except that to the extent of actual and timely performance
18       thereof by a joint board or other legal or administrative entity
19       created by an agreement made hereunder, such performance may
20       be offered in satisfaction of the obligation or responsibility.
21             (f) (g) Every agreement made hereunder, except agreements
22       between two or more public agencies establishing a council or
23       other organization of local governments for the study of common
24       problems of an area or region and for the promotion of intergov-
25       ernmental cooperation, prior to and as a condition precedent to
26       its entry into force, shall be submitted to the attorney general who
27       shall determine whether the agreement is in proper form and com-
28       patible with the laws of this state. The attorney general shall ap-
29       prove any agreement submitted hereunder unless the attorney
30       general shall find that it does not meet the conditions set forth
31       herein and shall detail in writing addressed to the governing bod-
32       ies of the public and private agencies concerned the specific re-
33       spects in which the proposed agreement fails to meet the require-
34       ments of law. Failure to disapprove an agreement submitted
35       hereunder within 90 days of its submission shall constitute ap-
36       proval thereof.
37        Sec.  3. K.S.A. 12-2903 and 12-2904 are hereby repealed.
38        Sec.  2. 4. This act shall take effect and be in force from and after its
39       publication in the statute book.