Session Law

Identifying Information:L. 2002 ch. 126
Other Identifying Information:2002 Senate Substitute for House Bill 2831
Tax Type:Other
Brief Description: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 sections.



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-

2903. For the purposes of this act: (a) The term ``public agency'' shall

mean As used in the interlocal cooperation act:

(a) ``Public agency'' means:

(1) Any county, township, city, town, village, school district, library

district, road district, drainage or levee district, sewer district, water dis-

trict, or fire district or;

(2) any entity created pursuant to K.S.A. 12-2901 et seq. or chapter

72 of the Kansas Statutes Annotated, and amendments thereto;

(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;.

(b) The term ``state'' shall mean ``State'' means a state of the United

States and the District of Columbia;.

(c) 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 state of


(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 public agency

of this state including but not limited to those functions relating to eco-

nomic development, public improvements, public utilities, police protec-

tion, libraries, data processing services, educational services, building and

related inspection services, flood control and storm water drainage,

weather modification, sewage disposal, refuse disposal, park and recrea-

tional programs and facilities, ambulance service, fire protection, the Kan-

sas tort claims act or claims for civil rights violations, may be exercised

and enjoyed jointly with any other public agency of this state or with any

private agency, and jointly with any public agency of any other state or

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 agency of

the state government when acting jointly with any public or private agency

may exercise and enjoy all of the powers, privileges and authority con-

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 to the

provisions of this act. Appropriate action by ordinance, resolution or oth-

erwise pursuant to law of the governing bodies of the participating public

agencies shall be necessary before any such agreement may enter into


(c) Any public agency may enter into agreements with Native Amer-

ican Indian tribes for joint or cooperative actions. Such agreements shall

be considered to be an interlocal agreement and shall be subject to the

procedures and limitations of the interlocal cooperation act.

The provisions of this subsection shall not be construed as authorizing

a public agency to enter into a gaming compact pursuant to the interlocal

cooperation act.

(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 powers

delegated thereto, provided such entity may be legally created.

(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 for

disposing of property upon such partial or complete termination.

(6) Any other necessary and proper matters.

(d) (e) In the event that addition to the requirements of subsection

(d), if the agreement does not establish a separate legal entity to conduct

the joint or cooperative undertaking, the agreement, in addition to items

1, 3, 4, 5 and 6 enumerated in subdivision (c) hereof, also shall contain

the following:

(1) Provision for an administrator or a joint board or one of the par-

ticipating public agencies to be responsible for administering the joint or

cooperative undertaking. In the case of a joint board public agencies party

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 except

that to the extent of actual and timely performance thereof by a joint

board or other legal or administrative entity created by an agreement

made hereunder, such performance may be offered in satisfaction of the

obligation or responsibility.

(f) (g) Every agreement made hereunder, except agreements be-

tween two or more public agencies establishing a council or other organ-

ization of local governments for the study of common problems of an area

or region and for the promotion of intergovernmental cooperation, prior

to and as a condition precedent to its entry into force, shall be submitted

to the attorney general who shall determine whether the agreement is in

proper form and compatible with the laws of this state. The attorney

general shall approve any agreement submitted hereunder unless the at-

torney general shall find that it does not meet the conditions set forth

herein and shall detail in writing addressed to the governing bodies of

the public and private agencies concerned the specific respects in which

the proposed agreement fails to meet the requirements of law. Failure

to disapprove an agreement submitted hereunder within 90 days of its

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 of the

interlocal cooperation act prior to the effective date of this act is hereby

authorized and validated and shall be deemed to have been entered into

under the authority of law.

Sec. 4. K.S.A. 12-2903 and 12-2904 are hereby repealed.

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.


Date Composed: 10/10/2002 Date Modified: 10/10/2002