As Amended by House Committee
Session of 2000
SENATE BILL No. 607
By Joint Committee on State-Tribal Relations
2-9
11 AN
ACT concerning certain public agencies; relating to interlocal
co-
12 operation;
amending K.S.A. 12-2903 and 12-2904 and repealing
the
13 existing
sections.
14 AN ACT concerning
certain agreements and compacts with Native Amer-
15 ican Indian tribes;
amending K.S.A. 12-2903 and 12-2904 and K.S.A.
16 1999 Supp. 46-2301,
46-2302 and 46-2303 and repealing the existing
17 sections.
18 Be it enacted by
the Legislature of the State of Kansas:
19 Section
1. K.S.A. 12-2903 is hereby amended to read as follows:
12-
20 2903. For the purposes of
As used in this act:
21 (a) The
term ``Public agency'' shall mean any county, township,
city,
22 town, village, school
district, library district, road district, drainage or
23 levee district, sewer district, water
district, fire district or other municipal
24 corporation, quasi-municipal corporation or
political subdivision of this
25 state or of any other state and any agency
or instrumentality of this state
26 or any other state or of the United
States;.
27 (b) The
term ``State'' shall mean a state of the United States and
the
28 District of
Columbia;.
29 (c) The
term ``Private agency'' shall mean an individual, firm,
asso-
30 ciation or corporation.
31
(d) ``Native American Indian tribe'' shall mean
any Native American
32 Indian tribe which has
entered into a gaming compact with the state
of
33 Kansas pursuant to K.S.A.
46-2302, and amendments thereto.
34 (d) ``Native American Indian
tribe'' means the following resi-
35 dent Kansas Native American Indian
tribes:
36 (1) The Iowa
Tribe of Kansas and Nebraska.
37 (2) The
Kickapoo Tribe in Kansas.
38 (3) The
Prairie Band Potawatomi Nation of Kansas.
39 (4) The Sac
and Fox Nation of Missouri in Kansas and Missouri.
40 Sec.
2. K.S.A. 12-2904 is hereby amended to read as follows:
12-
41 2904. (a) Any power or powers, privileges
or authority exercised or ca-
42 pable of exercise by a public agency of
this state including but not limited
43 to those functions relating to economic
development, public improve-
2
1 ments, public utilities, police
protection, libraries, data processing serv-
2 ices, educational services, building
and related inspection services, flood
3 control and storm water drainage,
weather modification, sewage disposal,
4 refuse disposal, park and
recreational programs and facilities, ambulance
5 service, fire protection, the Kansas
tort claims act or claims for civil rights
6 violations, may be exercised and
enjoyed jointly with any other public
7 agency of this state or with any
private agency, and jointly with any public
8 agency of any other state or of the
United States to the extent that the
9 laws of such other state or of the
United States permit such joint exercise
10 or enjoyment. Any agency of the state
government when acting jointly
11 with any public or private agency may
exercise and enjoy all of the powers,
12 privileges and authority conferred by this
act upon a public agency.
13 (b) Any public
agency may enter into agreements with one or more
14 public or private agencies for joint or
cooperative action pursuant to the
15 provisions of this act. Appropriate action
by ordinance, resolution or oth-
16 erwise pursuant to law of the governing
bodies of the participating public
17 agencies shall be necessary before any such
agreement may enter into
18 force.
19 (c) Any public
agency, other than the state of Kansas or any
20 agency or instrumentality of the state
of Kansas may enter into agree-
21 ments with a Native American Indian
tribe for joint or cooperative action.
22 Such agreement shall be considered to be
an interlocal agreement and
23 shall be subject to the procedures and
limitations of the interlocal coop-
24 eration act.
25 (c)
(d) Any such agreement shall specify the following:
26 (1) Its
duration.
27 (2) The precise
organization, composition and nature of any separate
28 legal or administrative entity created
thereby together with the powers
29 delegated thereto, provided such entity may
be legally created.
30 (3) Its purpose
or purposes.
31 (4) The manner of
financing the joint or cooperative undertaking and
32 of establishing and maintaining a budget
therefor.
33 (5) The
permissible method or methods to be employed in accom-
34 plishing the partial or complete
termination of the agreement and for
35 disposing of property upon such partial or
complete termination.
36 (6) Any other
necessary and proper matters.
37 (d)
(e) In the event that the agreement does not establish
a separate
38 legal entity to conduct the joint or
cooperative undertaking, the agree-
39 ment, in addition to items 1, 3, 4, 5 and 6
enumerated in subdivision (c)
40 (d) hereof, shall contain the
following:
41 (1) Provision for
an administrator or a joint board or one of the par-
42 ticipating public agencies to be
responsible for administering the joint or
43 cooperative undertaking. In the case of a
joint board public agencies party
3
1 to the agreement shall be
represented.
2 (2) The
manner of acquiring, holding and disposing of real and per-
3 sonal property used in the joint or
cooperative undertaking.
4
(e) (f) No agreement made pursuant to
this act shall relieve any public
5 agency of any obligation or
responsibility imposed upon it by law except
6 that to the extent of actual and
timely performance thereof by a joint
7 board or other legal or
administrative entity created by an agreement
8 made hereunder, such performance may
be offered in satisfaction of the
9 obligation or responsibility.
10 (f)
(g) Every agreement made hereunder, except agreements
be-
11 tween two or more public agencies
establishing a council or other organ-
12 ization of local governments for the study
of common problems of an area
13 or region and for the promotion of
intergovernmental cooperation, prior
14 to and as a condition precedent to its
entry into force, shall be submitted
15 to the attorney general who shall determine
whether the agreement is in
16 proper form and compatible with the laws of
this state. The attorney
17 general shall approve any agreement
submitted hereunder unless the at-
18 torney general shall find that it does not
meet the conditions set forth
19 herein and shall detail in writing
addressed to the governing bodies of
20 the public and private agencies concerned
the specific respects in which
21 the proposed agreement fails to meet the
requirements of law. Failure
22 to disapprove an agreement submitted
hereunder within 90 days of its
23 submission shall constitute approval
thereof.
24 Sec. 3. K.S.A.
12-2903 and 12-2904 are hereby repealed.
25 Sec. 4. This
act shall take effect and be in force from and after
its
26 publication in the statute
book.
27 ``Sec. 3. K.S.A. 1999
Supp. 46-2301 is hereby amended to read
28 as follows: 46-2301. As used in this
act:
29 (a) ``Class
III gaming'' has the meaning provided by the Indian
30 gaming regulatory act (25 U.S.C.
2701 et seq.).
31 (b) ``Gaming
compact'' means a tribal-state compact regarding
32 class III gaming as provided by section
11 of the Indian gaming
33 regulatory act (25 U.S.C. 2710).
34
(c) ``Committee'' or ``joint committee'' means the joint
com-
35 mittee on state-tribal
relations.
36
(d) ``Native American Indian tribe'' means the following
resident Kan-
37 sas Native American Indian
tribes:
38 (1) The Iowa
Tribe of Kansas and Nebraska.
39 (2) The
Kickapoo Tribe in Kansas.
40 (3) The
Prairie Band Potawatomi Nation of Kansas.
41 (4) The Sac
and Fox Nation of Missouri in Kansas and Missouri.
42 Sec.
4. K.S.A. 1999 Supp. 46-2302 is hereby amended to read
43 as follows: 46-2302. (a) Any request by
a Native American Indian
4
1 tribe for negotiation of a gaming
compact with the state of Kansas,
2 including a request for
renegotiation of an existing gaming com-
3 pact, received on or after the
effective date of this act shall be
4 submitted in writing to the
governor.
5 (b) The
governor or the governor's designated representatives
6 are authorized to negotiate gaming
compacts on behalf of the state
7 of Kansas. In addition to
such gaming compacts, the governor or the
8 governor's designated
representatives are authorized to negotiate other
9 agreements with Native American
Indian tribes. At the conclusion of
10 negotiations of a gaming compact
or other agreement, the governor
11 shall submit the proposed compact
or agreement to the joint com-
12 mittee on state-tribal relations for
the joint committee's recom-
13 mendations as to approval or
modification of the proposed
14 compact.
15 (c) If the
joint committee recommends modification of a pro-
16 posed compact or other agreement
under this section submitted by the
17 governor, the governor or the governor's
representatives may re-
18 sume negotiations in accordance with the
joint committee's rec-
19 ommendations and the modified proposed
compact or agreement
20 shall be submitted to the joint
committee in the same manner as
21 the original proposed compact or
agreement. Within 5 days after
22 receiving the joint committee's
recommended modifications, the
23 governor shall notify the joint
committee, in writing, as to whether
24 or not the governor has resumed
negotiations. Within 10 days after
25 receipt of notice that the governor has
not resumed negotiations,
26 or if the governor fails to notify the
joint committee that the gov-
27 ernor has resumed negotiations, the
joint committee shall vote to
28 recommend approval or rejection of the
proposed compact or
29 agreement or shall vote to make
no recommendation on the pro-
30 posed compact or
agreement.
31 (d)
(1) If the legislature is in session when the joint
committee
32 votes to recommend approval or rejection
of a proposed compact
33 or other agreement under this
section or votes to make no recommen-
34 dation on a proposed compact or
agreement, as authorized by this
35 section, the joint committee shall
introduce in each house of the
36 legislature, within five days after the
joint committee's vote, a res-
37 olution approving the proposed
compact or agreement as submitted
38 by the governor. Each resolution shall
be accompanied by the re-
39 port of the joint committee recommending
that the resolution be
40 adopted or not be adopted or reporting
the resolution without
41 recommendation. If, within 10 days after
introduction of the res-
42 olutions, a majority of the members of
each house votes to adopt
43 the resolution introduced in such house,
the proposed compact or
5
1 agreement shall be
considered to have been approved by the leg-
2 islature and the governor is
authorized to execute the compact or
3 agreement on behalf of the
state. Each house of the legislature shall
4 vote on the resolution introduced
in such house within 10 days
5 after introduction unless the
other house has already voted against
6 adoption of the resolution
introduced in such other house.
7 (2) If
the legislature is not in session when the joint committee
8 votes to recommend approval or
rejection of a proposed compact
9 or other agreement under this
section or votes to make no recommen-
10 dation on a proposed compact or
agreement, as authorized by this
11 section, the joint committee shall
notify the legislative coordinat-
12 ing council of the joint committee's
action within five days after
13 such action. If, within 30 days after
receiving such notice, the leg-
14 islative coordinating council votes, by
a vote of five members of
15 the council, to approve the proposed
compact or agreement, the
16 compact or agreement shall
be considered to have been approved
17 by the legislative coordinating council
and the governor is author-
18 ized to execute the compact or
agreement on behalf of the state.
19 (3) Neither
the legislature nor the legislative coordinating
20 council has the authority to amend or
otherwise modify any pro-
21 posed gaming compact or other
agreement under this section.
22 (e) The
attorney general shall be the legal counsel for the gov-
23 ernor or the governor's representatives
in negotiating a gaming
24 compact or other agreement,
under this section and for the joint
25 committee in reviewing proposed
compacts.
26 (f) A gaming
compact negotiated on behalf of the state under
27 this section shall contain:
28 (1) A
provision recognizing the right of each party to the com-
29 pact to request that the compact be
renegotiated or replaced by a
30 new compact, including the right of the
legislature by concurrent
31 resolution to request renegotiation or
replacement of the compact,
32 and providing the terms under which
either party, including the
33 legislature, may request a renegotiation
or the negotiation of a
34 new compact; and
35 (2) a
provision that, in the event of a request for a
renegotiation
36 or a new compact, the existing compact
will remain in effect until
37 renegotiated or replaced.
38 (g) The
governor or the governor's designated representatives
39 and the attorney general shall report to
the joint committee, at
40 such times as requested by the joint
committee, regarding gaming
41 compacts and other agreements
negotiated under this section and pro-
42 spective negotiations.
43 Sec.
5. K.S.A. 1999 Supp. 46-2303 is hereby amended to read
6
1 as follows: 46-2303. (a) The joint
committee on gaming compacts
2 is hereby reconstituted as the
joint committee on state-tribal re-
3 lations. The joint committee shall
consist of 12 members as follows:
4 (1) Five members of the senate and
five members of the house of
5 representatives; and (2) the
governor or the governor's designee
6 and the attorney general or the
attorney general's designee who
7 shall be nonvoting members. Of the
members appointed from the
8 senate, three shall be appointed
by the president of the senate and
9 two shall be appointed by the
minority leader of the senate. Of the
10 members appointed from the house of
representatives, three shall
11 be appointed by the speaker of the house
of representatives and
12 two by the minority leader of the house
of representatives. Such
13 Legislative members shall be
selected only from the membership
14 of the standing committees on federal
and state affairs, judiciary,
15 taxation and assessment and taxation.
All legislative members of
16 the joint committee shall serve for
terms ending on the first day
17 of the regular legislative session in
odd-numbered years.
18 (b) Each year
the members of the joint committee shall elect
19 from its membership a chairperson and a
vice-chairperson. During
20 odd-numbered years, the chairperson
shall be a member from the
21 senate and the vice-chairperson shall be
a member from the house
22 of representatives. During even-numbered
years, the chairperson
23 shall be a member from the house of
representatives and the vice-
24 chairperson shall be a member from the
senate. The vice-chair-
25 person shall exercise all of the powers
and duties of the chairper-
26 son in the absence of the
chairperson.
27 (c) A quorum
of the joint committee on state-tribal relations
28 shall be six. Nonvoting members
of the joint committee shall not be
29 counted when determining a quorum.
Actions of the joint committee
30 recommending that a resolution approving
a proposed compact or
31 agreement negotiated under K.S.A.
46-2302, and amendments thereto, be
32 adopted or not be adopted shall be only
on the affirmative vote of
33 eight or more members of the joint
committee, at least four of
34 whom shall be senators and at least four
of whom shall be members
35 of the house of representatives. Action
of the joint committee to
36 report without recommendation a
resolution approving such a
37 compact or agreement may
be on the affirmative vote of any five or
38 more members of the joint
committee. All other actions of the joint
39 committee may be taken by a majority of
those present when there
40 is a quorum.
41 (d) The joint
committee may meet at any time and at any place
42 within the state on the call of the
chairperson. The joint committee
43 may appoint subcommittees as deemed
appropriate. Members of
7
1 the joint committee and
subcommittees thereof, shall receive com-
2 pensation, travel, subsistence
allowance and mileage as provided
3 by K.S.A. 75-3212, and amendments
thereto, when attending
4 meetings of the joint committee or
subcommittee thereof.
5 (e) The
provisions of the acts contained in article 12 of chapter
6 46 of the Kansas Statutes
Annotated, and amendments thereto,
7 applicable to special committees
shall apply to the joint committee
8 to the extent that the same do not
conflict with the specific pro-
9 visions of this act applicable to
the joint committee.
10 (f) In
accordance with K.S.A. 46-1204, and amendments
11 thereto, the legislative coordinating
council may provide for such
12 professional services as may be
requested by the joint committee
13 on state-tribal relations.
14 (g) The joint
committee:
15 (1) May
establish and transmit to the governor proposed guide-
16 lines reflecting the public policies and
state interests, as embodied
17 in the constitution, statutes and case
law of the state of Kansas,
18 consistent with the Indian gaming
regulatory act (25 U.S.C. 2701
19 et seq.), that the joint committee will
consider in reviewing pro-
20 posed compacts;
21 (2) may
recommend to the governor that any gaming compact
22 or other agreement negotiated under
K.S.A. 46-2302, and amendments
23 thereto, provide for the
imposition and collection of state sales and
24 excise taxes on sales of nongaming goods
and services to persons
25 other than tribal members and imposition
and collection of state
26 income tax on revenues derived from
sales of nongaming goods
27 and services;
28 (3) may hold
public hearings on proposed gaming compacts
29 and other agreements negotiated under
K.S.A. 46-2302, and amendments
30 thereto, and submitted to the
joint committee by the governor;
31 (4) shall
recommend modification of proposed gaming com-
32 pacts and other agreements
negotiated under K.S.A. 46-2302, and amend-
33 ments thereto, and submitted by
the governor and introduce reso-
34 lutions approving proposed gaming
compacts and agreements
35 submitted by the governor and recommend
that such resolutions
36 be adopted or be not adopted, or report
such resolutions without
37 recommendation, and notify the governor,
in writing, of the joint
38 committee's action;
39 (5) shall
meet, discuss and hold hearings on issues concerning
40 state and tribal relations; and
41 (6) may
introduce such legislation as deemed necessary in per-
42 forming its functions.
43 Sec. 6. K.S.A. 12-2903 and
12-2904 and K.S.A. 1999 Supp. 46-
8
1 2301, 46-2302 and 46-2303 are
hereby repealed.
2 Sec. 7. This act
shall take effect and be in force from and after
3 its publication in the statute
book.
4