Kansas 2025-2026 Regular Session

Kansas Senate Bill SB95 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 95
3	3	By Senator Haley
4	4	1-28
5	5	AN ACT concerning economic development; providing that the city or
6	6	county creation of port authorities may be approved by the legislature
7	7	through the enactment of a bill; authorizing the governing body of the
8	8	unified government of Wyandotte county and Kansas City, Kansas, to
9	9	create a port authority; amending K.S.A. 12-3402 and repealing the
10	10	existing section.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	New Section 1. In accordance with the provisions of K.S.A. 12-3402,
13	13	and amendments thereto, the legislature approves the creation of a port
14	14	authority by the governing body of the unified government of Wyandotte
15	15	county and Kansas City, Kansas, with all the powers, duties, limitations
16	16	and obligations provided for in article 34 of chapter 12 of the Kansas
17	17	Statutes Annotated, and amendments thereto, as the governing body of the
18	18	unified government of Wyandotte county and Kansas City, Kansas, may
19	19	create by appropriate resolutions or ordinances.
20	20	Sec. 2. K.S.A. 12-3402 is hereby amended to read as follows: 12-
21	21	3402. (a) (1) It is the purpose of this act to promote, stimulate and develop
22	22	the general welfare, economic development and prosperity of the state of
23	23	Kansas by authorizing port authorities to be established in each city and
24	24	in each county of the state that shall achieve such purpose through:
25	25	(A) Fostering the growth of intrastate and interstate commerce within
26	26	the state; to promote;
27	27	(B) promoting the advancement and retention of ports within the
28	28	state; to encourage and assist
29	29	(C) in the location ofassisting and encouraging new business and
30	30	industry in this state and the expansion, relocation or retention of existing
31	31	business and industry when so doing will help maintain existing levels of
32	32	commerce within the state or increase the movement of commodities,
33	33	goods and products produced, manufactured or grown within or without
34	34	the state through existing ports within the state or lead to the development
35	35	of new ports within the state; and to promote
36	36	(D) promoting the economic stability of the state by maintaining and
37	37	providing employment opportunities, thus promoting the general welfare
38	38	of the citizens of this state, by authorizing port authorities to be established
39	39	in each city and in each county of the state.
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34
74	74	35
75	75	36 SB 95 2
76	76	(2) A port authority shall be a public body corporate and politic which
77	77	if established shall be known as the "port authority" of the city or of the
78	78	county. Joint port authorities may be created under authority of this act by
79	79	cooperative agreement executed by the governing bodies of any city or
80	80	county or cities or counties. Such joint authorities formed by such
81	81	cooperative agreement shall have all the powers and jurisdiction
82	82	enumerated in this act. Such creation shall be by ordinance or resolution.
83	83	Except for port authorities created prior to April 1, 1981, no port authority
84	84	shall be created without approval of the legislature by concurrent
85	85	resolution or by an enacted bill. The authority shall not transact any
86	86	business or exercise powers hereunder pursuant to this section until the
87	87	passage of a concurrent resolution or the enactment of a bill by the
88	88	legislature as hereinbefore provided.
89	89	(3) No port authority located in Cowley county shall modify, amend
90	90	or extend the port authority's official plan as originally adopted by the port
91	91	authority to change the purpose for which it was created or alter the
92	92	character of the work to be undertaken, as provided by K.S.A. 12-3406,
93	93	and amendments thereto, without approval of the legislature by concurrent
94	94	resolution or the enactment of a bill. The port authority shall not transact
95	95	any business or exercise powers hereunder pursuant to this section
96	96	concerning any business or actions related to such modification,
97	97	amendment or extension of the original plan.
98	98	(4) A cooperative agreement creating a joint port authority may be
99	99	amended by the governing bodies of the cities and counties which that
100	100	comprise such port authority. Any amendment to such a cooperative
101	101	agreement, including amendments which that allow other cities located
102	102	within counties which that are parties to the original agreement to join in
103	103	such agreement, shall not require approval by the legislature.
104	104	(5) No member of the authority shall serve as such who owns own
105	105	land, other than a residence, or represents represent in a fiduciary capacity
106	106	or as agent any person who owns land surveyed or examined for port
107	107	locations, except that this prohibition shall not prevent a user of a port
108	108	facility from serving as a member of the authority.
109	109	(6) A port authority may sue and be sued, plead and be impleaded,
110	110	subject to the limitations and other provisions of the Kansas tort claims
111	111	act. The exercise by such port authority of the powers conferred upon it
112	112	shall be deemed to be essential governmental functions of the creating city
113	113	or county.
114	114	(b) Any city or county creating or participating in the creation of a
115	115	port authority, before any taxes are levied shall submit the question of
116	116	whether an annual tax levy may be made on the assessed taxable tangible
117	117	property of such city, county, or a combination thereof, and the amount
118	118	thereof to the electors of such city or county comprising such authority. If
119	119	1
120	120	2
121	121	3
122	122	4
123	123	5
124	124	6
125	125	7
126	126	8
127	127	9
128	128	10
129	129	11
130	130	12
131	131	13
132	132	14
133	133	15
134	134	16
135	135	17
136	136	18
137	137	19
138	138	20
139	139	21
140	140	22
141	141	23
142	142	24
143	143	25
144	144	26
145	145	27
146	146	28
147	147	29
148	148	30
149	149	31
150	150	32
151	151	33
152	152	34
153	153	35
154	154	36
155	155	37
156	156	38
157	157	39
158	158	40
159	159	41
160	160	42
161	161	43 SB 95 3
162	162	a majority of those voting on the question vote in favor of such tax levy,
163	163	the same tax may be made levied for such purpose and to pay a portion of
164	164	the principal and interest on bonds issued under the authority of K.S.A. 12-
165	165	1774, and amendments thereto, by cities located in the county, and
166	166	otherwise such tax levy shall not be made. If a majority of those voting on
167	167	the question vote against such tax levy, the tax shall not be levied, unless
168	168	approved by the majority of the electors at a subsequent election on a
169	169	question of whether such a tax should be levied for such purpose. If such
170	170	tax levy is approved, the authority may expend funds not otherwise
171	171	appropriated to defray the expense of surveys and examinations incidental
172	172	to the purposes of the port authority and may expend funds for any of the
173	173	purposes as set forth in K.S.A. 12-3406, and amendments thereto.
174	174	(c) Subject to making due provisions for payment and performance of
175	175	its obligations, a port authority may be dissolved by the city or county, or
176	176	combination thereof, comprising it the port authority. If the port authority
177	177	is dissolved, the properties of the port authority shall be transferred to the
178	178	subdivision comprising it the port authority, or, if comprised by more than
179	179	one city or county, to the city or county comprising it the port authority in
180	180	such manner as may be agreed upon by them. Obligations of the authority
181	181	shall not be obligations of the state of Kansas, nor of any city or county
182	182	which creates the authority, unless the obligations are specifically
183	183	approved by a majority vote of the electors of such city or county voting
184	184	on the issue. Notice of such election shall be published in a newspaper of
185	185	general circulation in the county or counties once each week for two
186	186	consecutive weeks. The first publication shall be not less than 21 days
187	187	prior to such election. Such notice shall set forth the time and place of
188	188	holding the election and the issue which the vote is to determine.
189	189	Sec. 3. K.S.A. 12-3402 is hereby repealed.
190	190	Sec. 4. This act shall take effect and be in force from and after its
191	191	publication in the statute book.
192	192	1
193	193	2
194	194	3
195	195	4
196	196	5
197	197	6
198	198	7
199	199	8
200	200	9
201	201	10
202	202	11
203	203	12
204	204	13
205	205	14
206	206	15
207	207	16
208	208	17
209	209	18
210	210	19
211	211	20
212	212	21
213	213	22
214	214	23
215	215	24
216	216	25
217	217	26
218	218	27
219	219	28
220	220	29
221	221	30