2-623.   Extension districts, establishment or expansion; agreementtherefor, terms, prior approval by attorney general; publication of noticeof proposed new district or expansion, protest petition and election;district name, powers, personnel and property; governing body, appointmentor election and terms of office of first members.(a) Prior to July 1 of any year, any two or more countyextension councils may establish an extension district composed of all ofthe counties of such councils by entering into an agreement in accordancewith this section to combine the extension programs for each countyinvolved into one extension program serving the extension district. No suchagreement shall be effective unless such agreement has received the priorapproval of (1) the board of county commissioners of each county includedin the proposed extension district, subject to the provisions of subsection(i); (2) the executive board of the extension council of each countyincluded in the proposed extension district and the director of extensionof Kansas state university of agriculture and applied science, or thedirector's authorized representative, acting together as a body; and (3)the attorney general in accordance with subsection (h).

      (b)   Prior to July 1 of any year, one or more county extension councilsandthe governing body of any existing extension district may establish a newextension district by entering into an agreement in accordance with thissection to combine the extension programs for each such county and suchdistrictinto one extension program serving a new extension district composed of allcounties represented by such county extension councils andthe area served by the existing extension district. No such agreement shall beeffective unless such agreementhas received the prior approval of (1) the board of county commissioners ofeach county being added to the existing extension district, subject to theprovisions of subsection (i); (2) theexecutive board of the county extension council of each county being added tothe existing extension district, the governing body of the existing extensiondistrict and the director of extension of Kansas state university ofagriculture and applied science, or the director's authorized representative,acting together as a body; and (3) the attorney general in accordance withsubsection (h).

      (c)   On July 1 after the approval under subsection (a) or (b)of anagreement to establish an extension district, such extension district is herebyestablished and shall constitute a body corporate and politic possessing theusual powers of a corporation for public purposes under the name of "extensiondistrict no. _________ (the number designated by the director of extension),________ counties (naming the counties included within the district), state ofKansas." Each extension district is a taxing subdivision and has thepower to contract, sue and be sued and to acquire, hold and convey real andpersonal property in accordance with law.

      (d)   Upon the establishment of an extension district under subsection (a) or(b), allof the personnel and property of each of the extension programs which arecombined into the new district extension programs shall be transferred to thenew extension district and shall be subject to the authority of thegoverning body of the extension district in accordance with the agreement toestablish the extension district.

      (e)   Upon the establishment of an extension district under subsection (a),the board of county commissioners ofeach county joining in the establishing of an extension district shall appointfour qualified electors to membership on the governing body of the district. The terms of all members so appointed shall commence on July 1followingtheir appointment. Of the members so appointed two members shall serve forterms ending upon the election and qualification of their successors at anelection held on the first Tuesday in April of the first odd-numbered yearfollowing their appointment and two members shall serve for terms ending uponthe election and qualification of their successors at an election held on thefirst Tuesday in April of the second odd-numbered year following theirappointment.

      (f)   In the case of one or more counties being included in an existingextension district under subsection (b), theboard of county commissioners of each county beingincluded in an existing extension district shall appoint four qualifiedelectors of the county to membership on the governing body of the expandeddistrict. The terms of all members so appointed shall commence onJuly 1following their appointment. Of the members so appointed two members shallserve for terms ending upon the election and qualification of their successorsat an election held on the first Tuesday in April of the first odd-numberedyear following their appointment and two members shall serve for terms endingupon the election and qualification of their successors at an election held onthe first Tuesday in April of the second odd-numbered year following theirappointment. Theoffices of the members of the governing body of the existing extension districtshall continue in existence and the persons in such offices shall bemembers of the governing body of the expanded extension district which isestablished on July 1 for the remainder of their existing terms of office.

      (g)   In addition to other required provisions, each agreement enteredinto under this section shall specify the permissible method or methods tobe employed in disposing of the assets and liabilities of the extensiondistrict in the event that one or more counties withdraw from the extensiondistrict under K.S.A. 2-628 and amendments thereto.

      (h)   Each agreement entered into under this section or under K.S.A. 2-628and amendments thereto, prior to and as a condition precedent to its entryinto force, shall be submitted to the attorney general who shall determinewhether the agreement is in proper form and compatible with this act andthe other laws of Kansas. The attorney general shall approve any agreementsubmitted for approval under this section or K.S.A. 2-628 and amendmentsthereto unlesstheattorney general finds that the submitted agreement does not meet therequirements of this act. In such case, the attorney general shall specifyin writing to the proposed parties to the agreement and to each otherentity required to approve the agreement, the specific respects in whichthe proposed agreement fails to meet the requirements of law. Failure bythe attorney general to disapprove an agreement submitted pursuant to thissubsection within 90 days of its submission shall constitute approval ofthe agreement by the attorney general.

      (i)   Prior to approving an agreement under this section, the board ofcounty commissioners of each county to be included in a proposed extensiondistrict under subsection (a) or to be added to an existing extension districtunder subsection (b), as the case may be, shall adopt a resolution stating theintention of the board of county commissioners to approve such agreement andspecifying the counties that are to be included in the extension district.Such resolution shall be published once each week for two consecutive weeks inthe official county newspaper. If, within 60 days following the lastpublication of the resolution, a petition in opposition to the approval of theagreement and the inclusion of the county in the extension district issigned by not less than 5% of the qualified electors of the county and is filedwith the county election officer, such board of county commissioners shall notapprove such agreement and the county shall not be included in the extensiondistrict unless and until the same is approved by a majority of the qualifiedelectors of the county voting thereon at a primary election or general electionor at a special election called and held forsuch purpose. Any such special election shall be called, noticed and held inaccordance with the provisions of K.S.A. 10-120, and amendments thereto.

      History:   L. 1991, ch. 2, § 1;L. 1994, ch. 225, § 1; July 1.