SESSION OF 2000



SUPPLEMENTAL NOTE ON SENATE BILL NO. 543



As Amended by House Committee on

Federal and State Affairs





Brief (1)



The bill would amend existing law regarding interlocal agreements to allow local units of government to enter into agreements with any Native American tribe with which the state has entered into a state-tribal gaming compact. All procedures that currently apply to interlocal agreements would also apply to authorized agreements with Native American tribes.





Background



The bill as amended by the House Committee includes most, but not all, provisions of the introduced version of SB 607. That bill was introduced by the Joint Committee on State Tribal Relations after its work during the 1999 interim. A copy of the Joint Committee's report can be viewed at:

http://skyways.lib.ks.us/ksleg/KLRD/cr29991.pdf





As it was passed by the Senate, SB 543 would have enacted a new statute providing tribal law enforcement officers and agencies with the same powers, duties, and immunities held by state, county, or city law enforcement officers or agencies under certain circumstances. The new law would have covered those times during which a tribal law enforcement officer or agency is requested by a state, county, or city law enforcement officer or agency to assist that agency.



As amended by the House Committee, SB 543 includes the provisions of SB 607 as amended by the House Committee to preclude use of the interlocal agreement procedure for agreements between state agencies and Native American tribes.

A representative of the Indian Nations in Kansas (a coalition of three of the four resident tribes: the Kickapoo, Potawatomi, and Sac & Fox) presented testimony in support of SB 607 at separate hearings before the House and Senate Committees on Federal and State Affairs. No opponents of the bill presented testimony at either hearing.

A companion bill, HB 2926 that would establish procedures for state-tribal agreements other than gaming compacts, also was introduced by the Joint Committee. Provisions of that bill were amended into SB 607 by the House Committee prior to action on SB 543. That version of HB 607 was on House General Orders at the time the House Committee took action on SB 543. HB 3033, which is identical to the introduced version of SB 607, was introduced by the House Committee on Federal and State Affairs. A hearing was held on that bill on the day the Senate passed SB 607. That bill remained in the House Committee at the time the Committee took action on SB 543.



The fiscal note prepared by the Division of the Budget states that enactment of the introduced version of SB 607 (regarding interlocal agreements with tribes) would not create a fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html