As Amended by House Committee
[As Amended by Senate Committee of the
Whole]
As Amended by Senate Committee
Session of 2000
SENATE BILL No. 543
By Senators Oleen, Vratil and Biggs
2-1
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.
15
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,
2
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-
3
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.