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Kansas lets the Governor accept federal requests to share concurrent jurisdiction over U.S.-owned military lands, via written offers, acceptance, and public recording.
Kansas lets the Governor accept federal requests to share concurrent jurisdiction over U.S.-owned military lands, via written offers, acceptance, and public recording.
Status
- Enacted and approved by the Governor: April 7, 2025
- Became law / effective upon publication in the Kansas Register (enrolled law indicates effective April 24, 2025)
- Amends K.S.A. 27-102 (replaces prior language concerning federal jurisdiction over U.S.-owned lands for military purposes)
Purpose / Intent
HB 2242 authorizes the Governor of Kansas to accept written requests from the United States to establish concurrent jurisdiction — i.e., shared state and federal legal authority — over lands inside Kansas that are owned by the federal government for military purposes. The change provides a structured, state-level mechanism for converting exclusive federal jurisdiction into concurrent jurisdiction when both parties agree.
Key provisions
- Governor’s authority: The state authorizes the Governor to grant U.S. requests to establish concurrent jurisdiction over U.S.-owned military lands within Kansas.
- Conditions for effectiveness: Concurrent jurisdiction becomes effective only after:
1. A written offer for concurrent jurisdiction is sent to the Governor by the installation’s principal officer or other authorized U.S. representative that:
- Clearly states the subject matter of the jurisdiction request;
- Provides a metes-and-bounds description of the boundary being offered; and
- Indicates whether future contiguous expansions are included.
2. The Governor accepts the offer in writing, explicitly confirming acceptance of each element.
3. The Governor records and indexes the offer, acceptance, and metes-and-bounds description with the Secretary of State, who must publish the information in the Kansas Register.
- Notifications and agreements:
- After jurisdiction is effective, the Governor must send a copy of the recorded information to the federal official who made the offer.
- Any state or local agency may enter into reciprocal agreements or memoranda of understanding (MOUs) with federal agencies to coordinate responsibilities under the concurrent jurisdiction arrangement.
- Effective date: The act takes effect upon publication in the Kansas Register.
Who is affected / likely impacts
- Federal military installations in Kansas (e.g., installations like McConnell AFB) and the federal government — provides a formal path to permit state legal authority alongside federal authority on base lands.
- State and local law enforcement, prosecutors, and courts — potential expansion of state jurisdictional reach on military lands for criminal and civil matters agreed under the offer.
- Juvenile justice and other areas where Kansas law differs from federal practice — proponents noted Kansas laws may be more robust in some areas (e.g., treatment of juvenile offenders).
- Counties and municipalities — potential fiscal and administrative impacts if concurrent jurisdiction affects county operations or changes taxing authority over land; fiscal note indicates possible but unquantified county effects and a negligible effect on cities.
- Office of the Governor and Secretary of State — administrative duties to record, index, publish, and notify; the fiscal note indicates no fiscal effect for the Governor’s office.
Legislative background & support
- Introduced at the request of Representative Proctor (House Committee on Judiciary). Proponent testimony came from representatives of McConnell Air Force Base (22nd Air Refueling Wing), the U.S. Department of Defense, and the Adjutant General’s Department.
- Fiscal note (Division of the Budget): no fiscal impact on the Governor’s Office; local fiscal effects for counties cannot be estimated.
Practical effect
HB 2242 creates a clear, document-driven process for Kansas and the federal government to agree that both will share legal jurisdiction over specified military lands — allowing Kansas law and agencies to operate concurrently where agreed, while requiring formal offers, written gubernatorial acceptance, public recording, and interagency coordination agreements.
Compiled from official sources — confirm details with the bill’s official record.
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