HOUSE BILL No. 2242
AN ACT concerning federal jurisdiction; relating to federal property; authorizing the
governor to accept requests from the federal government to establish concurrent
jurisdiction in certain circumstances; amending K.S.A. 27-102 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 27-102 is hereby amended to read as follows:
27-102. (a) That exclusive jurisdiction over and within any lands so
acquired by the United States shall be, and the same is hereby, ceded to
the United States, for all purposes; saving, however, to the state of
Kansas the right to serve therein any civil or criminal process issued
under the authority of the state, in any action on account of rights
acquired, obligations incurred or crimes committed in said state, but
outside the boundaries of such land; and saving further to said state the
right to tax the property and franchises of any railroad, bridge or other
corporations within the boundaries of such lands; but the jurisdiction
hereby ceded shall not continue after the United States shall cease to
own said lands.
(b) (1) The state of Kansas authorizes the governor to grant
requests from the United States to establish concurrent jurisdiction
over land owned by the United States for military purposes within the
boundaries of Kansas. Concurrent jurisdiction shall be effective upon
completion of:
(A) A written offer for concurrent jurisdiction being sent to the
governor by the principal officer of the military installation or other
authorized representative of the United States having supervision and
control over the land that:
(i) Clearly states the subject matter for the concurrent jurisdiction
request;
(ii) provides the metes and bounds description of the boundary of
the concurrent jurisdiction offer; and
(iii) indicates whether the request includes future contiguous
expansion of land acquired for military purposes; and
(B) the governor accepting the offer in writing that clearly
confirms each of the elements of the offer that are accepted; and
(C) the governor recording and indexing the offer, acceptance and
metes and bounds description of the boundary of concurrent
jurisdiction with the secretary of state who shall publish such
information in the Kansas register.
(2) After concurrent jurisdiction is effective:
(A) The governor shall send a copy of the information provided to
the secretary of state to the official who made the initial written offer;
and
(B) any state or local agency may enter into a reciprocal
agreement or memorandum of understanding with any agency of the
United States for the coordination and designation of responsibilities
related to the concurrent jurisdiction. HOUSE BILL No. 2242—page 2
Sec. 2. K.S.A. 27-102 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.