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Session of 2025
SENATE BILL No. 95
By Senator Haley
1-28
AN ACT concerning economic development; providing that the city or
county creation of port authorities may be approved by the legislature
through the enactment of a bill; authorizing the governing body of the
unified government of Wyandotte county and Kansas City, Kansas, to
create a port authority; amending K.S.A. 12-3402 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. In accordance with the provisions of K.S.A. 12-3402,
and amendments thereto, the legislature approves the creation of a port
authority by the governing body of the unified government of Wyandotte
county and Kansas City, Kansas, with all the powers, duties, limitations
and obligations provided for in article 34 of chapter 12 of the Kansas
Statutes Annotated, and amendments thereto, as the governing body of the
unified government of Wyandotte county and Kansas City, Kansas, may
create by appropriate resolutions or ordinances.
Sec. 2. K.S.A. 12-3402 is hereby amended to read as follows: 12-
3402. (a) (1) It is the purpose of this act to promote, stimulate and develop
the general welfare, economic development and prosperity of the state of
Kansas by authorizing port authorities to be established in each city and
in each county of the state that shall achieve such purpose through:
(A) Fostering the growth of intrastate and interstate commerce within
the state; to promote;
(B) promoting the advancement and retention of ports within the
state; to encourage and assist
(C) in the location ofassisting and encouraging new business and
industry in this state and the expansion, relocation or retention of existing
business and industry when so doing will help maintain existing levels of
commerce within the state or increase the movement of commodities,
goods and products produced, manufactured or grown within or without
the state through existing ports within the state or lead to the development
of new ports within the state; and to promote
(D) promoting the economic stability of the state by maintaining and
providing employment opportunities, thus promoting the general welfare
of the citizens of this state, by authorizing port authorities to be established
in each city and in each county of the state.
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(2) A port authority shall be a public body corporate and politic which
if established shall be known as the "port authority" of the city or of the
county. Joint port authorities may be created under authority of this act by
cooperative agreement executed by the governing bodies of any city or
county or cities or counties. Such joint authorities formed by such
cooperative agreement shall have all the powers and jurisdiction
enumerated in this act. Such creation shall be by ordinance or resolution.
Except for port authorities created prior to April 1, 1981, no port authority
shall be created without approval of the legislature by concurrent
resolution or by an enacted bill. The authority shall not transact any
business or exercise powers hereunder pursuant to this section until the
passage of a concurrent resolution or the enactment of a bill by the
legislature as hereinbefore provided.
(3) No port authority located in Cowley county shall modify, amend
or extend the port authority's official plan as originally adopted by the port
authority to change the purpose for which it was created or alter the
character of the work to be undertaken, as provided by K.S.A. 12-3406,
and amendments thereto, without approval of the legislature by concurrent
resolution or the enactment of a bill . The port authority shall not transact
any business or exercise powers hereunder pursuant to this section
concerning any business or actions related to such modification,
amendment or extension of the original plan.
(4) A cooperative agreement creating a joint port authority may be
amended by the governing bodies of the cities and counties which that
comprise such port authority. Any amendment to such a cooperative
agreement, including amendments which that allow other cities located
within counties which that are parties to the original agreement to join in
such agreement, shall not require approval by the legislature.
(5) No member of the authority shall serve as such who owns own
land, other than a residence, or represents represent in a fiduciary capacity
or as agent any person who owns land surveyed or examined for port
locations, except that this prohibition shall not prevent a user of a port
facility from serving as a member of the authority.
(6) A port authority may sue and be sued, plead and be impleaded,
subject to the limitations and other provisions of the Kansas tort claims
act. The exercise by such port authority of the powers conferred upon it
shall be deemed to be essential governmental functions of the creating city
or county.
(b) Any city or county creating or participating in the creation of a
port authority, before any taxes are levied shall submit the question of
whether an annual tax levy may be made on the assessed taxable tangible
property of such city, county, or a combination thereof, and the amount
thereof to the electors of such city or county comprising such authority. If
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a majority of those voting on the question vote in favor of such tax levy,
the same tax may be made levied for such purpose and to pay a portion of
the principal and interest on bonds issued under the authority of K.S.A. 12-
1774, and amendments thereto, by cities located in the county, and
otherwise such tax levy shall not be made . If a majority of those voting on
the question vote against such tax levy, the tax shall not be levied, unless
approved by the majority of the electors at a subsequent election on a
question of whether such a tax should be levied for such purpose. If such
tax levy is approved, the authority may expend funds not otherwise
appropriated to defray the expense of surveys and examinations incidental
to the purposes of the port authority and may expend funds for any of the
purposes as set forth in K.S.A. 12-3406, and amendments thereto.
(c) Subject to making due provisions for payment and performance of
its obligations, a port authority may be dissolved by the city or county, or
combination thereof, comprising it the port authority . If the port authority
is dissolved, the properties of the port authority shall be transferred to the
subdivision comprising it the port authority, or, if comprised by more than
one city or county, to the city or county comprising it the port authority in
such manner as may be agreed upon by them. Obligations of the authority
shall not be obligations of the state of Kansas, nor of any city or county
which creates the authority, unless the obligations are specifically
approved by a majority vote of the electors of such city or county voting
on the issue. Notice of such election shall be published in a newspaper of
general circulation in the county or counties once each week for two
consecutive weeks. The first publication shall be not less than 21 days
prior to such election. Such notice shall set forth the time and place of
holding the election and the issue which the vote is to determine.
Sec. 3. K.S.A. 12-3402 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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