Session Law

Identifying Information:L. 2001 ch. 147
Other Identifying Information:2001 House Bill 2068
Tax Type:Other
Brief Description:An Act concerning certain municipalities; relating to the powers and duties thereof; amending K.S.A. 19-228, 19-2881 and 80-104 and K.S.A. 2000 Supp. 19-101a and re- pealing the existing sections.
Keywords:


Body:

CHAPTER 147

HOUSE BILL No. 2068


An Act concerning certain municipalities; relating to the powers and duties thereof;

amending K.S.A. 19-228, 19-2881 and 80-104 and K.S.A. 2000 Supp. 19-101a and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 80-104 is hereby amended to read as follows: 80-

104. The township trustee, clerk and treasurer of the several organized

townships in the state of Kansas, in addition to the powers that are now

conferred upon them by law, (a) In addition to all other powers, the

township board of each township shall have power to procure not to

exceed three acres of land for the township, and to build thereon per-

manent buildings, or to purchase school building or grounds or both the

building and grounds the same to be used for public purposes, such as

meetings relating to township business, political gatherings, township

fairs, entertainments, whether for free use or for hire and profit, at which

an admission price may be charged, and such other meetings as may be

authorized by the township board. Such township officers The board may

join with any corporation, association, society, or lodge in the construction

or purchase of such building, upon such terms and conditions as may be

agreed upon by such township the board and corporation, association,

society or lodge, and in case. If such building is so constructed or pur-

chased it shall be for the joint use of the township and the corporation,

association, society or lodge joining in the construction or purchase

thereof upon such terms and conditions as are mutually agreed upon. In

no event shall said township officers proceed to procure said Except as

provided by subsection (b) the board shall not acquire any land or erect

said buildings thereon or purchase such schoolhouse or appropriate any

of the moneys of said the township or levy any tax therefor without first

submitting the question to a vote of the electors of said the township, and

said. Such election shall be governed by and the returns thereof made in

accordance with the laws governing the election of township officers.

Funds authorized by such election may be used in the joint construction

or purchase of a building as herein provided.

(b) The township trustee, clerk, and treasurer board may procure,

either by purchase or by lease, not to exceed two acres of land for the

township and build thereon sheds and buildings that may be necessary

for the storage and protection of tools, implements and machinery with-

out such election, which said cost. The cost of such land may be paid out

of the general fund of the township or from the general road fund of the

township, or from either or both of the said funds.

The township board may accept land in the form of a gift, donation or

devise without first submitting the question to a vote of the electors of the

county.

(c) Whenever any township is authorized by virtue of an election to

construct or purchase township buildings, general obligation bonds may

be issued for such purpose in accordance with the provisions of the gen-

eral bond law.

New Sec. 2. (a) As used in this section, ``municipality'' means any city

or county or agency, department or other division of a city or county.

(b) Except as provided by subsection (c) and as necessary to comply

with the Kansas offender registration act, K.S.A. 22-4901 et seq., and

amendments thereto, no municipality shall adopt or enforce an ordinance

or resolution which requires any landlord to provide to such municipality

a list of names of any tenants of such landlord.

(c) A municipality may require a landlord to provide to the munici-

pality a list of the names of tenants occupying the landlord's property if

a citation for a violation of an ordinance or resolution adopted to protect

the public health, safety or welfare has occurred on such property. Such

list shall not be required to be provided until at least 30 days following

the date of the issuance of a citation. Such list shall not be required if the

landlord complies with the provisions of such ordinance or resolution.

Sec. 3. K.S.A. 19-228 is hereby amended to read as follows: 19-228.

(a) Except as provided by subsection (b) this section, the board of county

commissioners shall cause to be published at the end of each calendar

quarter or, if the county commissioners so provide, at the end of each

month, an itemized statement of all sums of money allowed in excess of

$50, and for what purpose during the preceding quarter or month. When-

ever salary and wages of employees or amounts paid to vendors or other

items of expense are required to be published, the amount published

shall reflect the total amount paid to such employee or vendor or the total

amount of such expense during the period covered by the publication.

Such statement shall be published once in a newspaper having the qual-

ifications required by K.S.A. 64-101, and amendments thereto.

(b) In lieu of publishing an itemized statement of expenditures as

required by subsection (a), the board of county commissioners may pub-

lish a summary of expenditures from each fund and the cash balance of

each fund at the beginning and close of the quarter or month, as appro-

priate. If a summary of expenditures is published as authorized by this

subsection, a notice also shall be included that a detailed statement of

expenditures is available for public inspection at the county clerk's office.

Copies of such statement shall be available upon request.

(c) If the governing body of the unified government of Wyandotte

County/Kansas City publishes a summary of expenditures in lieu of the

itemized statement of expenditures required by subsection (a), a notice

also shall be included that a detailed statement of expenditures is available

at the county clerk's office and at the main branch of the Kansas City,

Kansas public library. Such notice shall be printed in 10-point boldface

type.

Sec. 4. K.S.A. 2000 Supp. 19-101a is hereby amended to read as

follows: 19-101a. (a) The board of county commissioners may transact all

county business and perform all powers of local legislation and adminis-

tration it deems appropriate, subject only to the following limitations,

restrictions or prohibitions:

(1) Counties shall be subject to all acts of the legislature which apply

uniformly to all counties.

(2) Counties may not consolidate or alter county boundaries.

(3) Counties may not affect the courts located therein.

(4) Counties shall be subject to acts of the legislature prescribing

limits of indebtedness.

(5) In the exercise of powers of local legislation and administration

authorized under provisions of this section, the home rule power con-

ferred on cities to determine their local affairs and government shall not

be superseded or impaired without the consent of the governing body of

each city within a county which may be affected.

(6) Counties may not legislate on social welfare administered under

state law enacted pursuant to or in conformity with public law No. 271--

74th congress, or amendments thereof.

(7) Counties shall be subject to all acts of the legislature concerning

elections, election commissioners and officers and their duties as such

officers and the election of county officers.

(8) Counties shall be subject to the limitations and prohibitions im-

posed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto,

prescribing limitations upon the levy of retailers' sales taxes by counties.

(9) Counties may not exempt from or effect changes in statutes made

nonuniform in application solely by reason of authorizing exceptions for

counties having adopted a charter for county government.

(10) No county may levy ad valorem taxes under the authority of this

section upon real property located within any redevelopment area estab-

lished under the authority of K.S.A. 12-1772, and amendments thereto,

unless the resolution authorizing the same specifically authorized a por-

tion of the proceeds of such levy to be used to pay the principal of and

interest upon bonds issued by a city under the authority of K.S.A. 12-

1774, and amendments thereto.

(11) Counties shall have no power under this section to exempt from

any statute authorizing or requiring the levy of taxes and providing sub-

stitute and additional provisions on the same subject, unless the resolution

authorizing the same specifically provides for a portion of the proceeds

of such levy to be used to pay a portion of the principal and interest on

bonds issued by cities under the authority of K.S.A. 12-1774, and amend-

ments thereto.

(12) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 19-4601 through 19-4625, and amendments thereto.

(13) Except as otherwise specifically authorized by K.S.A. 12-1,101

through 12-1,109, and amendments thereto, counties may not levy and

collect taxes on incomes from whatever source derived.

(14) Counties may not exempt from or effect changes in K.S.A. 19-

430, and amendments thereto.

(15) Counties may not exempt from or effect changes in K.S.A. 19-

302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.

(16) (A) Counties may not exempt from or effect changes in K.S.A.

13-13a26, and amendments thereto.

(B) This provision shall expire on June 30, 2003.

(17) (A) Counties may not exempt from or effect changes in K.S.A.

2000 Supp. 71-301a, and amendments thereto.

(B) This provision shall expire on June 30, 2003.

(18) Counties may not exempt from or effect changes in K.S.A. 19-

15,139, 19-15,140 and 19-15,141, and amendments thereto.

(19) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-

1226, and amendments thereto, or the provisions of K.S.A. 2000 Supp.

12-1260 through 12-1270 and 12-1276, and amendments thereto.

(20) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 19-211, and amendments thereto.

(21) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 19-4001 through 19-4015, and amendments thereto.

(22) Counties may not regulate the production or drilling of any oil

or gas well in any manner which would result in the duplication of reg-

ulation by the state corporation commission and the Kansas department

of health and environment pursuant to chapter 55 and chapter 65 of the

Kansas Statutes Annotated and any rules and regulations adopted pur-

suant thereto. Counties may not require any license or permit for the

drilling or production of oil and gas wells. Counties may not impose any

fee or charge for the drilling or production of any oil or gas well.

(23) Counties may not exempt from or effect changes in K.S.A. 79-

41a04, and amendments thereto.

(24) Counties may not exempt from or effect changes in K.S.A. 79-

1611, and amendments thereto.

(25) Counties may not exempt from or effect changes in K.S.A. 79-

1494, and amendments thereto.

(26) Counties may not exempt from or effect changes in subsection

(b) of K.S.A. 19-202, and amendments thereto.

(27) Counties may not exempt from or effect changes in subsection

(b) of K.S.A. 19-204, and amendments thereto.

(28) Counties may not levy or impose an excise, severance or any

other tax in the nature of an excise tax upon the physical severance and

production of any mineral or other material from the earth or water.

(29) Counties may not exempt from or effect changes in K.S.A. 79-

2017 or 79-2101, and amendments thereto.

(30) Counties may not exempt from or effect changes in K.S.A. 2-

3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219 or 65-171d or K.S.A.

2000 Supp. 2-3318, 17-5909 or 65-1,178 through 65-1,199, and amend-

ments thereto.

(31) Counties may not exempt from or effect changes in K.S.A. 2000

Supp. 80-121, and amendments thereto.

(32) Counties may not exempt from or effect changes in section 3, and

amendments thereto.

(b) Counties shall apply the powers of local legislation granted in

subsection (a) by resolution of the board of county commissioners. If no

statutory authority exists for such local legislation other than that set forth

in subsection (a) and the local legislation proposed under the authority

of such subsection is not contrary to any act of the legislature, such local

legislation shall become effective upon passage of a resolution of the

board and publication in the official county newspaper. If the legislation

proposed by the board under authority of subsection (a) is contrary to an

act of the legislature which is applicable to the particular county but not

uniformly applicable to all counties, such legislation shall become effec-

tive by passage of a charter resolution in the manner provided in K.S.A.

19-101b, and amendments thereto.

(c) Any resolution adopted by a county which conflicts with the re-

strictions in subsection (a) is null and void.

Sec. 5. K.S.A. 19-2881 is hereby amended to read as follows: 19-

2881. (a) Before the board of any park district created under K.S.A. 19-

2859 to 19-2880, inclusive, and amendments thereto, shall let any contract

for any improvement which is estimated to exceed $10,000 $20,000, the

board shall cause accurate detailed plans and specifications therefor, to-

gether with a detailed estimate, of the cost of same, to be made and filed

in the office of the secretary of such board. Before letting such contract,

the board shall advertise for bids to do such work in accordance with such

plans and specifications for at least one week in a newspaper of general

circulation in such district. Except as provided by subsection (b), the

purchase of materials, contracts for purchase or sale, lease contracts and

other contractual services which are estimated to exceed $10,000 $20,000,

shall be made upon competitive bids.

All bids shall be made in writing and signed by the bidder, and pre-

sented. All bids shall be submitted or delivered by the bidder, or the

bidder's agent or attorney, to the board, at a meeting thereof, and or to

a designated representative of the board as specified in the bid notice.

The proceedings to open and consider bids shall be conducted at a time

and place specified in the bid notice. Such proceedings shall be open to

the public. All bids shall be considered and accepted or rejected imme-

diately after their submission by the board at a meeting thereof within 30

days of the opening of the bids. The board may reject any bids and shall

not accept a bid in excess of the estimated cost of the work, and a contract

let at a price in excess of the estimated cost of the work shall be void.

(b) The district may enter into agreements with any public agency

for the purchase of materials, contracts for purchase or sale, lease con-

tracts and other contractual services through such governmental units

using the bidding procedure of such public agency.

(c) When used in this section, ``public agency'' means any state or a

political or taxing subdivision thereof.

Sec. 6. K.S.A. 19-228, 19-2881 and 80-104 and K.S.A. 2000 Supp.

19-101a are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 4, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001