Session of 2000
HOUSE BILL No. 3033
By Committee on Federal and State Affairs
3-14
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.
13
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
2
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
3
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.