SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 118
As Recommended by Senate Committee on
Local Government

Brief*
SB 118 would establish a procedure by which a city or
county may assume the powers, responsibilities, and duties
of a special district within the city’s corporate boundary or the
county’s boundaries.

Definition
The bill would define a “special district” to include airport
authorities, cemetery districts, drainage districts, fire districts,
industrial districts, library districts, port authorities, rural water
districts, sewer districts, and rural watershed districts.

Procedure
The bill would require the city or county and the special
district to reach an agreement regarding the city or county
assuming the powers, responsibilities, and duties of the
special district and to pass a joint resolution stating their
intent to dissolve the special district into the city or county.
The bill also would require the joint resolution to contain the
time and location for a joint public hearing on the issue of
dissolution.
Upon both the special district and the city or county
governing body passing the joint resolution, the special
district would be prohibited from issuing new debt without
____________________
*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.kslegislature.org
notifying and receiving approval from the city or county
governing body.
The bill would require the joint resolution to be published
once a week for two consecutive weeks in a newspaper of
general circulation in the county or counties where the city or
county and special district are located.
The bill would require, after the public hearing has been
held, the governing bodies of the city or county and the
special district to decide whether to consolidate or abandon
the proposed dissolution. If both agree to proceed, the
governing body of the city or county would adopt a city
ordinance or county resolution stating the special district is
dissolved and the city or county is assuming all powers,
responsibilities, and duties of the special district.
The special district would be considered dissolved on
the effective date of the ordinance or resolution.

Results of Consolidation
Upon the dissolution of the special district, the city or
county would be the successor to all powers, duties, and
responsibilities of the special district. The city or county
would:
● Acquire the property of the special district subject
to any lease or agreement;
● Pay or retire district debts or obligations;
● Be vested with all property, funds, and assets of
the district; and
● Have legal custody of records, memoranda,
writings, entries, prints, representations, and
electronic data of the special district.
References to the special district in a contract or other
document that are in regard to any of the powers, duties, and

2- 118
functions transferred to the city or county would be deemed to
apply to the city or county as the context requires.
All legal action, judicial or administrative, pending
against the special district or an officer of the special district
would abate by reason of this governmental reorganization,
but the court would be authorized to allow any such suit,
action, or other proceeding to be maintained by or against the
successor.

Background
The bill was introduced in the Senate Committee on
Local Government at the request of a representative of the
League of Kansas Municipalities.
[Note: SB 118 contains provisions that are the same as
those of 2020 HB 2510, as amended and passed by the
Senate. A conference committee report replaced these
provisions with provisions related to education, and the 2020
bill was vetoed.]

Senate Committee on Local Government
In the Senate Committee hearing, proponent testimony
was provided by a representative of the League of Kansas
Municipalities. The proponent generally stated the bill would
provide a framework for grassroots consolidation that
currently can occur only through an enacted bill. It was also
noted Kansas would be the first state to create such a
process for consolidation of special use districts.
Written-only proponent testimony was provided by
representatives of the Kansas Association of Counties,
Kansas Chamber, and the Kansas Cooperative Council.
Written-only proponent testimony was also provided by a
representative of the Kansas Agribusiness Retailers
Association, Kansas Grain and Feed Association, and Renew

3- 118
Kansas. The proponents generally stated this bill would offer
efficiencies to taxpayers by allowing for the voluntary
dissolution of special districts and would help streamline
government.
No neutral or opponent testimony was provided.
The Senate Committee recommended the bill be placed
on the Consent Calendar.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, the League of Kansas Municipalities
indicated the bill may have some fiscal effect on cities but the
effect cannot be estimated. The Kansas Association of
Counties indicates the provisions may decrease the overall
need for some tax revenue due to the elimination of duplicate
services but did not provide an estimate.
Local government; special districts; cities; counties


4- 118