SENATE Substitute for HOUSE BILL No. 2831
An Act concerning the interlocal agreement act; relating to
the powers and duties of public
agencies thereunder; amending K.S.A. 12-2903 and 12-2904 and
repealing the existing
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-2903 is hereby
amended to read as follows: 12-
For the purposes of this act: (a) The term ``public
mean As used in the interlocal cooperation
(a) ``Public agency''
(1) Any county, township, city,
town, village, school district, library
district, road district, drainage
district, sewer district, water dis-
, or fire district
(2) any entity created pursuant to
K.S.A. 12-2901 et seq. or chapter
72 of the Kansas Statutes Annotated, and amendments
(3) any other municipal
corporation, quasi-municipal corporation or
political subdivision of this state or of any other state
and which is not
specified in paragraphs (1) and (2);
(4) any state officer; and
(5) any agency or instrumentality
of this state or any other state or of
the United States
The term ``state'' shall
mean ``State'' means a state of the United
States and the District of Columbia
The term ``private agency''
shall mean ``Private agency'' means an
individual, firm, association or corporation.
(d) ``State officer'' shall mean the
governor, attorney general, secre-
tary of state, state treasurer and insurance commissioner of the
(e) ``Native American Indian tribes''
shall mean federally-recognized
Native American Indian tribes.
(f) ``Gaming compact'' shall mean a
gaming compact as defined by
K.S.A. 46-2301, and amendments thereto.
Sec. 2. K.S.A. 12-2904 is hereby
amended to read as follows: 12-
2904. (a) Subject to the limitations of subsection (g), any
power or powers,
privileges or authority exercised or capable of exercise by a
of this state including but not limited to those functions relating
nomic development, public improvements, public utilities, police
tion, libraries, data processing services, educational services,
related inspection services, flood control and storm water
weather modification, sewage disposal, refuse disposal, park and
tional programs and facilities, ambulance service, fire protection,
sas tort claims act or claims for civil rights violations, may be
and enjoyed jointly with any other public agency of this state or
private agency, and jointly with any public agency of any other
of the United States to the extent that the laws of such other
state or of
the United States permit such joint exercise or enjoyment. Any
the state government when acting jointly with any public or private
may exercise and enjoy all of the powers, privileges and authority
ferred by this act upon a public agency.
(b) Any public agency may enter into
agreements with one or more
public or private agencies for joint or cooperative action pursuant
provisions of this act. Appropriate action by ordinance, resolution
erwise pursuant to law of the governing bodies of the participating
agencies shall be necessary before any such agreement may enter
(c) Any public agency may enter into
agreements with Native Amer-
ican Indian tribes for joint or cooperative actions. Such
be considered to be an interlocal agreement and shall be subject
procedures and limitations of the interlocal cooperation
The provisions of this subsection shall not
be construed as authorizing
a public agency to enter into a gaming compact pursuant to the
(c) (d) Any such
agreement shall specify the following:
(1) Its duration.
(2) The precise organization, composition
and nature of any separate
legal or administrative entity created thereby together with the
, provided such entity may be legally
(3) Its purpose or purposes.
(4) The manner of financing the joint or
cooperative undertaking and
of establishing and maintaining a budget therefor.
(5) The permissible method or methods to
be employed in accom-
plishing the partial or complete termination of the agreement and
disposing of property upon such partial or complete
(6) Any other necessary and proper
(d) (e) In
the event that addition to the requirements of
(d), if the agreement does not establish a separate legal
entity to conduct
the joint or cooperative undertaking, the agreement
addition to items
1, 3, 4, 5 and 6 enumerated in subdivision (c)
hereof, also shall contain
(1) Provision for an administrator or a
joint board or one of the par-
ticipating public agencies to be responsible for administering the
cooperative undertaking. In the case of a joint board public
to the agreement shall be represented.
(2) The manner of acquiring, holding and
disposing of real and per-
sonal property used in the joint or cooperative undertaking.
(e) (f) No
agreement made pursuant to this act shall relieve any public
agency of any obligation or responsibility imposed upon it by law
that to the extent of actual and timely performance thereof by a
board or other legal or administrative entity created by an
made hereunder, such performance may be offered in satisfaction of
obligation or responsibility.
(f) (g) Every
agreement made hereunder, except agreements be-
tween two or more public agencies establishing a council or other
ization of local governments for the study of common problems of an
or region and for the promotion of intergovernmental cooperation,
to and as a condition precedent to its entry into force, shall be
to the attorney general who shall determine whether the agreement
proper form and compatible with the laws of this state. The
general shall approve any agreement submitted hereunder unless the
torney general shall find that it does not meet the conditions set
herein and shall detail in writing addressed to the governing
the public and private agencies concerned the specific respects in
the proposed agreement fails to meet the requirements of law.
to disapprove an agreement submitted hereunder within 90 days of
submission shall constitute approval thereof.
New Sec. 3. Any interlocal
agreement entered into by the board of
trustees of a community college in accordance with the provisions
interlocal cooperation act prior to the effective date of this act
authorized and validated and shall be deemed to have been entered
under the authority of law.
Sec. 4. K.S.A. 12-2903 and 12-2904 are hereby
Sec. 5. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved May 16, 2002.
Published in the Kansas Register May 23, 2002.