As Amended by Senate Committee
[As Amended by House on Final Action]
Session of 1999
HOUSE BILL No. 2339
By Representative Hermes
2-9
11 AN ACT
concerning cities and counties; relating to planning and
zoning;
12 amending
K.S.A. 12-744 and repealing the existing section.
13 [AN ACT
concerning [certain municipalities; relating to the
powers
14 and duties
thereof;] cities and counties; relating to the
powers
15 and duties
thereof; amending K.S.A. 12-744 and K.S.A. 1998
16 Supp.
19-101a and repealing the existing sections; also
repeal-
17 ing K.S.A.
1998 Supp. 19-101i.]
18 [AN ACT
concerning certain municipalities; relating to the
powers
19 and
duties thereof; amending K.S.A. 12-744 and K.S.A.
1998
20 Supp.
19-101a and repealing the existing sections; also
repeal-
21 ing
K.S.A. 1998 Supp. 19-101i.]
22 AN ACT
designating October 14 of each year as Dwight D. Eisen-
23 hower Day in the
state of Kansas.
24
25 Be it enacted by the Legislature of the
State of Kansas:
26
Section 1. K.S.A. 12-744 is hereby amended to
read as follows: 12-
27 744. (a) The governing body of
any city, by adoption of an ordinance, may
28 create a planning commission for
such city and.
The board of county
29 commissioners of any county, by
adoption of a resolution, may create a
30 planning commission for the
county. Any such planning commission shall
31 be composed of not less than
five members. The number of members of
32 a planning commission may be
determined by ordinance or resolution. If
33 a city planning commission
plans, zones or administers subdivision reg-
34 ulations outside the city
limits, at least two members of such commission
35 shall reside outside of but
within three miles of the corporate limits of
36 the city. A majority of the
members of a county planning commission
37 shall reside outside the
corporate limits of any incorporated city in the
38 county. A county, metropolitan
or regional planning commission may
39 serve as the planning commission
for a city.
40
(b) The governing body shall provide by ordinance or
resolution for
41 the term of the members of the
planning commission and for the filling
42 of vacancies. Members of the
commission shall serve without compen-
HB 2339--Am. by S
2
1 sation.
The governing body may reimburse members of the
planning com-
2 mission for actual and
necessary expenses as determined by the
governing
3 body. The governing
body may pay compensation to members of the
plan-
4 ning
commission. The governing body may
adopt rules and regulations
5 providing for removal of
members of the planning commission.
6
(c) Any two or more cities or counties of this state may
cooperate,
7 pursuant to written
agreement, in the exercise and performance of
plan-
8 ning powers, duties and
functions. Any city or county of this state may
9 cooperate, pursuant to
written agreement, with any city or county of any
10 other state having adjoining
planning jurisdiction in the exercise and per-
11 formance of any planning powers,
duties and functions provided by state
12 law for cities and counties of
this state and to the extent that the laws of
13 such other state permit such
joint cooperation. Any agreement entered
14 pursuant to this subsection
shall be subject to the provisions of K.S.A.
15 12-2901 et seq., and amendments
thereto. If such agreement provides
16 for the adoption of a
comprehensive plan, the agreement shall include a
17 provision concerning the
approval of the comprehensive plan which is
18 consistent with the provisions
of K.S.A. 12-747, and amendments
thereto.
19 When two or
more of such cities or counties, by ordinance of each
city
20 and by resolutions of the boards
of county commissioners enter into
21 agreements providing for such
joint planning cooperation, there may be
22 established a joint planning
commission for the metropolitan area or re-
23 gion comprising that portion of
the areas of planning jurisdiction of the
24 cities or counties cooperating
jointly as shall be designated by the joint
25 ordinances and resolutions. Such
a joint planning commission for the
26 metropolitan area or region may
be empowered to carry into effect such
27 provisions of state law relating
to planning which are authorized for such
28 joining cities or counties and
which each may under existing laws sepa-
29 rately
may exercise and
perform.
30 Any city or
county, whenever the governing body of the city or
the
31 board of commissioners of the
county deems necessary, may join and
32 cooperate in two or more
metropolitan area or regional planning com-
33 missions. Any regional or
metropolitan planning commission in existence
34 on the effective date of this
act shall continue in existence, but shall be
35 governed by the provisions of
this act.
36
(d) The provisions of this section shall become effective on
and after
37 January 1,
1992.
38 Sec. 2. K.S.A.
12-744 is hereby repealed.
39 Sec. 3. This
act shall take effect and be in force from and after
its
40 publication in the statute
book.
41
[Sec. 2. K.S.A. 1998 Supp. 19-101a is hereby amended to
read
42 as follows: 19-101a. (a) The
board of county commissioners may
43 transact all county business
and perform all powers of local legis-
HB 2339--Am. by S
3
1 lation and
administration it deems appropriate, subject only to
the
2 following limitations,
restrictions or prohibitions:
3
[(1) Counties shall be subject to all acts of the legislature
which
4 apply uniformly to all
counties.
5
[(2) Counties may not consolidate or alter county
boundaries.
6
[(3) Counties may not affect the courts located
therein.
7
[(4) Counties shall be subject to acts of the legislature
prescrib-
8 ing limits of
indebtedness.
9
[(5) In the exercise of powers of local legislation and
adminis-
10 tration authorized under
provisions of this section, the home rule
11 power conferred on cities to
determine their local affairs and gov-
12 ernment shall not be
superseded or impaired without the consent
13 of the governing body of each
city within a county which may be
14
affected.
15
[(6) Counties may not legislate on social welfare
administered
16 under state law enacted
pursuant to or in conformity with public
17 law No. 271--74th congress,
or amendments thereof.
18
[(7) Counties shall be subject to all acts of the legislature
con-
19 cerning elections, election
commissioners and officers and their
20 duties as such officers and
the election of county officers.
21
[(8) Counties shall be subject to the limitations and
prohibi-
22 tions imposed under K.S.A.
12-187 to 12-195, inclusive, and
23 amendments thereto,
prescribing limitations upon the levy of re-
24 tailers' sales taxes by
counties.
25
[(9) Counties may not exempt from or effect changes in
statutes
26 made nonuniform in
application solely by reason of authorizing
27 exceptions for counties
having adopted a charter for county
28
government.
29
[(10) No county may levy ad valorem taxes under the
authority
30 of this section upon real
property located within any redevelop-
31 ment area established under
the authority of K.S.A. 12-1772, and
32 amendments thereto, unless
the resolution authorizing the same
33 specifically authorized a
portion of the proceeds of such levy to be
34 used to pay the principal of
and interest upon bonds issued by a
35 city under the authority of
K.S.A. 12-1774, and amendments
36 thereto.
37
[(11) Counties shall have no power under this section to
ex-
38 empt from any statute
authorizing or requiring the levy of taxes
39 and providing substitute and
additional provisions on the same
40 subject, unless the
resolution authorizing the same specifically
41 provides for a portion of the
proceeds of such levy to be used to
42 pay a portion of the
principal and interest on bonds issued by
cities
43 under the authority of K.S.A.
12-1774, and amendments thereto.
HB 2339--Am. by S
4
1
[(12) Counties may not exempt from or effect changes in
the
2 provisions of K.S.A.
19-4601 to 19-4625, inclusive, and amend-
3 ments
thereto.
4
[(13) Except as otherwise specifically authorized by K.S.A.
12-
5 1,101 to 12-1,109,
inclusive, and amendments thereto, counties
6 may not levy and
collect taxes on incomes from whatever source
7
derived.
8
[(14) Counties may not exempt from or effect changes in
K.S.A.
9 19-430, and amendments
thereto. Any charter resolution adopted
10 by a county prior to July 1,
1983, exempting from or effecting
11 changes in K.S.A. 19-430, and
amendments thereto, is null and
12 void.
13
[(15) Counties may not exempt from or effect changes in
K.S.A.
14 19-302, 19-502b, 19-503,
19-805 or 19-1202, and amendments
15 thereto.
16
[(16) Counties may not exempt from or effect changes in
K.S.A.
17 13-13a26, and amendments
thereto. Any charter resolution
18 adopted by a county, prior to
the effective date of this act, ex-
19 empting from or effecting
changes in K.S.A. 13-13a26, and amend-
20 ments thereto, is null and
void.
21
[(17) Counties may not exempt from or effect changes in
K.S.A.
22 71-301, and amendments
thereto. Any charter resolution adopted
23 by a county, prior to the
effective date of this act, exempting from
24 or effecting changes in
K.S.A. 71-301, and amendments thereto, is
25 null and
void.
26
[(18) Counties may not exempt from or effect changes in
K.S.A.
27 19-15,139, 19-15,140 and
19-15,141, and amendments thereto.
28 Any charter resolution
adopted by a county prior to the effective
29 date of this act, exempting
from or effecting changes in such sec-
30 tions is null and
void.
31
[(19) Counties may not exempt from or effect changes in
the
32 provisions of K.S.A. 12-1223,
12-1225, 12-1225a, 12-1225b, 12-
33 1225c and 12-1226, and
amendments thereto, or the provisions of
34 K.S.A. 1998 Supp. 12-1260 to
12-1270, inclusive, and amendments
35 thereto, and 12-1276, and
amendments thereto.
36
[(20) Counties may not exempt from or effect changes in
the
37 provisions of K.S.A. 19-211,
and amendments thereto.
38
[(21) Counties may not exempt from or effect changes in
the
39 provisions of K.S.A. 19-4001
to 19-4015, inclusive, and amend-
40 ments
thereto.
41
[(22) Counties may not regulate the production or drilling
of
42 any oil or gas well in any
manner which would result in the dupli-
43 cation of regulation by the
state corporation commission and the
HB 2339--Am. by S
5
1 Kansas department of
health and environment pursuant to chapter
2 55 and chapter 65 of
the Kansas Statutes Annotated and any rules
3 and regulations adopted
pursuant thereto. Counties may not re-
4 quire any license or
permit for the drilling or production of oil
and
5 gas wells. Counties may
not impose any fee or charge for the drill-
6 ing or production of
any oil or gas well.
7
[(23) Counties may not exempt from or effect changes in
K.S.A.
8 79-41a04, and
amendments thereto.
9
[(24) Counties may not exempt from or effect changes in
K.S.A.
10 79-1611, and amendments
thereto.
11
[(25) Counties may not exempt from or effect changes in
K.S.A.
12 79-1494, and amendments
thereto.
13
[(26) Counties may not exempt from or effect changes in
sub-
14 section (b) of K.S.A. 19-202,
and amendments thereto.
15
[(27) Counties may not exempt from or effect changes in
sub-
16 section (b) of K.S.A. 19-204,
and amendments thereto.
17
[(28) Counties may not levy or impose an excise, severance
or
18 any other tax in the nature
of an excise tax upon the physical sev-
19 erance and production of any
mineral or other material from the
20 earth or water. Any
resolution adopted by any county prior to the
21 effective date of this act
imposing or levying any such tax is null
22 and
void.
23
[(29) Counties may not exempt from or effect changes in
K.S.A.
24 79-2017 or 79-2101, and
amendments thereto. Any charter reso-
25 lution adopted prior to the
effective date of this act, which affected
26 the provisions of K.S.A.
79-2017 or 79-2101, and amendments
27 thereto, is hereby declared
to be null and void.
28
[(30) Counties may not exempt
from or effect changes in K.S.A. 2-
29 3302, 2-3305, 2-3307,
17-5904, 17-5908, 47-1219 or 65-171d or K.S.A.
30 1998 Supp. 2-3318, 17-5909 or
65-1,178 through 65-1,199, and amend-
31 ments thereto, except that a
county may adopt standards more stringent
32 than those provided by or
pursuant to K.S.A. 2-3302, 2-3305, 2-3307, 47-
33 1219 or 65-171d or K.S.A.
1998 Supp. 2-3318 or 65-1,178 through 65-
34 1,199, and amendments
thereto.
35
[(b) Counties shall apply the powers of local
legislation granted
36 in subsection (a) by
resolution of the board of county commission-
37 ers. If no statutory
authority exists for such local legislation
other
38 than that set forth in
subsection (a) and the local legislation pro-
39 posed under the authority of
such subsection is not contrary to any
40 act of the legislature, such
local legislation shall become effective
41 upon passage of a resolution
of the board and publication in the
42 official county newspaper. If
the legislation proposed by the board
43 under authority of subsection
(a) is contrary to an act of the leg-
HB 2339--Am. by S
6
1 islature which is
applicable to the particular county but not
uni-
2 formly applicable to
all counties, such legislation shall become
ef-
3 fective by passage of a
charter resolution in the manner provided
4 in K.S.A. 19-101b, and
amendments thereto.]
5
[New Sec. 3. (a) As an alternative to the procedure
contained
6 in K.S.A. 82a-630, and
amendments thereto, the owners of land
7 located in a rural
water district who desire for their land to be
8 released from such
district and attached to a different district
may
9 proceed in accordance
with this section. A petition to release such
10 land shall be filed with the
board of directors of the district in
11 which such land is located.
The petition shall:
12
[(1) Describe the land sought to be
released;
13
[(2) state the name and number of the rural water district
to
14 which the owners seek to have
such land attached; and
15
[(3) state that such release is sought conditioned upon the
at-
16 tachment thereof by such
other rural water district.
17 [Such
petition shall be signed by at least 75% of the owners
of
18 the land affected. The
ownership shall be determined by an enu-
19 meration of landowners taken
from the tax rolls of the county in
20 which the land is
located.
21 [Within
30 days of receipt of such petition the board of
directors
22 of the district shall call
and hold a hearing on the advisability of
23 granting such petition. The
board shall give notice of such hearing
24 in the same manner provided
by K.S.A. 82a-640, and amendments
25 thereto. On the date of such
hearing, the board shall approve or
26 disapprove such release based
on its determination of the best in-
27 terests of the district and
the petitioning landowners.
28
[(b) Following approval of such petition for release, a
petition
29 for attachment of such lands
shall be filed with the board of direc-
30 tors of the district to which
such land is sought to be attached. The
31 petition
shall:
32
[(1) Describe the land sought to be
attached;
33
[(2) request that the owners thereof seek to have such
land
34 attached to the district;
and
35
[(3) have attached to it a copy of the approval of release of
such
36 land by the board of
directors of the district in which such land
37 was conditionally released.
Such petition shall be signed by at least
38 75% of the owners of the land
affected. Ownership shall be deter-
39 mined by an enumeration of
landowners taken from the tax rolls
40 of the county in which the
land is located.
41 [Within
30 days of receipt of such petition the board of
directors
42 of the district shall call
and hold a hearing on the advisability of
43 granting such petition.
Notice of such hearing shall be provided in
HB 2339--Am. by S
7
1 the manner provided by
K.S.A. 82a-640, and amendments thereto,
2 by the board of
directors. On the date of such hearing, the
board
3 shall approve or
disapprove such attachment based on its deter-
4 mination of the best
interests of the district and the petitioning
5 landowners. If the
board does not approve of such attachment, it
6 shall notify the
district from which release had been sought,
which
7 district shall then
declare such release to be void.
8
[(c) If the district to which release is sought approves of
the
9 release of such lands
and the district to which attachment is sought
10 approves of attachment of
such lands, copies of the approval of
11 such action by the boards of
directors of each district shall be trans-
12 mitted to the chief engineer.
Copies also shall be filed with the
13 county clerk, who shall note
the change of such district's
14
boundaries.
15
[(d) Nothing in this section shall be construed as limiting
land-
16 owners from using the
procedures for attachment or release of
17 property otherwise provided
in K.S.A. 82a-622 et
seq., and
amend-
18 ments
thereto.]
19
[Sec. 4. (a) The township board of Lecompton township
lo-
20 cated in Douglas county, by
resolution, may request the board of
21 county commissioners of
Douglas county to acquire land by pur-
22 chase or eminent domain for
such township. The resolution shall
23 describe the land which the
township desires to be acquired and
24 the purpose for which it is
to be acquired. Such land shall be lo-
25 cated in the
township.
26 [The
board of county commissioners shall call and hold a
hearing
27 on such resolution. Notice of
the hearing shall be published at least
28 once each week for two
consecutive weeks in a newspaper of gen-
29 eral circulation in the
township. At such hearing, any person who
30 desires to appear and speak
shall be given the opportunity to be
31 heard.
32
[(b) Following such hearing, the board of county
commission-
33 ers may adopt a resolution of
intent to acquire the land, or any
34 portion of such land,
described in the petition submitted by the
35 township board. If the board
of county commissioners determines
36 that land other than that
described in the petition is more suitable
37 for the township purposes,
the board may adopt a resolution of
38 intent to acquire such other
land for the township.
39 [Any
resolution adopted pursuant to this subsection shall be
pub-
40 lished at least once each
week for two consecutive weeks in a news-
41 paper of general circulation
in the township. If within 30 days fol-
42 lowing the date of last
publication, a petition signed by at least 5%
43 of the qualified electors of
the township is filed with the county
HB 2339--Am. by S
8
1 election officer, no
land shall be acquired pursuant to this
section
2 unless the question is
submitted to and approved by a majority of
3 the qualified electors
of the township voting at an election thereon.
4 Such election shall be
called and held in the manner provided by
5 the general bond
law.
6
[(c) If a sufficient petition is not filed or if the question
has
7 been submitted and
approved at an election as provided by sub-
8 section (b), the board
of county commissioners shall acquire, by
9 purchase or eminent
domain, the land described in the resolution
10 of intent. Upon acquisition
of such land, the board of county com-
11 missioners shall convey title
thereto to the township. The township
12 shall reimburse the county
for all expenses incurred by the county
13 relating to the acquisition
of such land, including notice and elec-
14 tion
expenses.
15
[(d) No more than three acres of land may be acquired
pur-
16 suant to this section. Any
land acquired pursuant to this section
17 shall be acquired as a site
for the construction of township build-
18 ings. Except as authorized by
subsection (e), such land and build-
19 ings shall be used for
township purposes.
20
[(e) The township board may construct, purchase or
lease
21 buildings for township
purposes. The board may join with any cor-
22 poration, association,
society or lodge in the construction or pur-
23 chase and use of buildings or
land acquired pursuant to this sec-
24 tion, upon such terms and
conditions as may be agreed upon by
25 such township and
corporation, association, society or lodge.
26
[(f) The township board may issue general obligation bonds
of
27 the township to finance the
costs of the acquisition of land and the
28 construction and acquisition
of township buildings. No such bonds
29 shall be issued unless such
issuance is submitted to and approved
30 by a majority of the
qualified electors of the township voting at
an
31 election called and held on
such issuance. Such election shall be
32 called and held in the manner
provided by the general bond law.
33 The question of issuance of
bonds may be submitted at any election
34 held pursuant to subsection
(b).
35
[Sec. 5. K.S.A. 1998 Supp. 19-101a is hereby amended to
read
36 as follows: 19-101a. (a) The
board of county commissioners may
37 transact all county business
and perform all powers of local legis-
38 lation and administration it
deems appropriate, subject only to the
39 following limitations,
restrictions or prohibitions:
40
[(1) Counties shall be subject to all acts of the legislature
which
41 apply uniformly to all
counties.
42
[(2) Counties may not consolidate or alter county
boundaries.
43
[(3) Counties may not affect the courts located
therein.
HB 2339--Am. by S
9
1
[(4) Counties shall be subject to acts of the legislature
prescrib-
2 ing limits of
indebtedness.
3
[(5) In the exercise of powers of local legislation and
adminis-
4 tration authorized
under provisions of this section, the home
rule
5 power conferred on
cities to determine their local affairs and
gov-
6 ernment shall not be
superseded or impaired without the consent
7 of the governing body
of each city within a county which may be
8
affected.
9
[(6) Counties may not legislate on social welfare
administered
10 under state law enacted
pursuant to or in conformity with public
11 law No. 271--74th congress,
or amendments thereof.
12
[(7) Counties shall be subject to all acts of the legislature
con-
13 cerning elections, election
commissioners and officers and their
14 duties as such officers and
the election of county officers.
15
[(8) Counties shall be subject to the limitations and
prohibi-
16 tions imposed under K.S.A.
12-187 to 12-195, inclusive, and
17 amendments thereto,
prescribing limitations upon the levy of re-
18 tailers' sales taxes by
counties.
19
[(9) Counties may not exempt from or effect changes in
statutes
20 made nonuniform in
application solely by reason of authorizing
21 exceptions for counties
having adopted a charter for county
22
government.
23
[(10) No county may levy ad valorem taxes under the
authority
24 of this section upon real
property located within any redevelop-
25 ment area established under
the authority of K.S.A. 12-1772, and
26 amendments thereto, unless
the resolution authorizing the same
27 specifically authorized a
portion of the proceeds of such levy to be
28 used to pay the principal of
and interest upon bonds issued by a
29 city under the authority of
K.S.A. 12-1774, and amendments
30 thereto.
31
[(11) Counties shall have no power under this section to
ex-
32 empt from any statute
authorizing or requiring the levy of taxes
33 and providing substitute and
additional provisions on the same
34 subject, unless the
resolution authorizing the same specifically
35 provides for a portion of the
proceeds of such levy to be used to
36 pay a portion of the
principal and interest on bonds issued by
cities
37 under the authority of K.S.A.
12-1774, and amendments thereto.
38
[(12) Counties may not exempt from or effect changes in
the
39 provisions of K.S.A. 19-4601
to 19-4625, inclusive, and amend-
40 ments
thereto.
41
[(13) Except as otherwise specifically authorized by K.S.A.
12-
42 1,101 to 12-1,109, inclusive,
and amendments thereto, counties
43 may not levy and collect
taxes on incomes from whatever source
HB 2339--Am. by S
10
1
derived.
2
[(14) Counties may not exempt from or effect changes in
K.S.A.
3 19-430, and amendments
thereto. Any charter resolution adopted
4 by a county prior to
July 1, 1983, exempting from or effecting
5 changes in K.S.A.
19-430, and amendments thereto, is null and
6
void.
7
[(15) Counties may not exempt from or effect changes in
K.S.A.
8 19-302, 19-502b,
19-503, 19-805 or 19-1202, and amendments
9
thereto.
10
[(16) Counties may not exempt from or effect changes in
K.S.A.
11 13-13a26, and amendments
thereto. Any charter resolution
12 adopted by a county, prior to
the effective date of this act, ex-
13 empting from or effecting
changes in K.S.A. 13-13a26, and amend-
14 ments thereto, is null and
void.
15
[(17) Counties may not exempt from or effect changes in
K.S.A.
16 71-301, and amendments
thereto. Any charter resolution adopted
17 by a county, prior to the
effective date of this act, exempting from
18 or effecting changes in
K.S.A. 71-301, and amendments thereto, is
19 null and
void.
20
[(18) Counties may not exempt from or effect changes in
K.S.A.
21 19-15,139, 19-15,140 and
19-15,141, and amendments thereto.
22 Any charter resolution
adopted by a county prior to the effective
23 date of this act, exempting
from or effecting changes in such sec-
24 tions is null and
void.
25
[(19) Counties may not exempt from or effect changes in
the
26 provisions of K.S.A. 12-1223,
12-1225, 12-1225a, 12-1225b, 12-
27 1225c and 12-1226, and
amendments thereto, or the provisions of
28 K.S.A. 1998 Supp. 12-1260 to
12-1270, inclusive, and amendments
29 thereto, and 12-1276, and
amendments thereto.
30
[(20) Counties may not exempt from or effect changes in
the
31 provisions of K.S.A. 19-211,
and amendments thereto.
32
[(21) Counties may not exempt from or effect changes in
the
33 provisions of K.S.A. 19-4001
to 19-4015, inclusive, and amend-
34 ments
thereto.
35
[(22) Counties may not regulate the production or drilling
of
36 any oil or gas well in any
manner which would result in the dupli-
37 cation of regulation by the
state corporation commission and the
38 Kansas department of health
and environment pursuant to chapter
39 55 and chapter 65 of the
Kansas Statutes Annotated and any rules
40 and regulations adopted
pursuant thereto. Counties may not re-
41 quire any license or permit
for the drilling or production of oil and
42 gas wells. Counties may not
impose any fee or charge for the drill-
43 ing or production of any oil
or gas well.
HB 2339--Am. by S
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1
[(23) Counties may not exempt from or effect changes in
K.S.A.
2 79-41a04, and
amendments thereto.
3
[(24) Counties may not exempt from or effect changes in
K.S.A.
4 79-1611, and amendments
thereto.
5
[(25) Counties may not exempt from or effect changes in
K.S.A.
6 79-1494, and amendments
thereto.
7
[(26) Counties may not exempt from or effect changes in
sub-
8 section (b) of K.S.A.
19-202, and amendments thereto.
9
[(27) Counties may not exempt from or effect changes in
sub-
10 section (b) of K.S.A. 19-204,
and amendments thereto.
11
[(28) Counties may not levy or impose an excise, severance
or
12 any other tax in the nature
of an excise tax upon the physical sev-
13 erance and production of any
mineral or other material from the
14 earth or water. Any
resolution adopted by any county prior to the
15 effective date of this act
imposing or levying any such tax is null
16 and
void.
17
[(29) Counties may not exempt from or effect changes in
K.S.A.
18 79-2017 or 79-2101, and
amendments thereto. Any charter reso-
19 lution adopted prior to the
effective date of this act, which affected
20 the provisions of K.S.A.
79-2017 or 79-2101, and amendments
21 thereto, is hereby declared
to be null and void.
22
[(30) Counties may not exempt
from or effect changes in K.S.A. 2-
23 3302, 2-3305, 2-3307,
17-5904, 17-5908, 47-1219 or 65-171d or K.S.A.
24 1998 Supp. 2-3318, 17-5909 or
65-1,178 through 65-1,199, and amend-
25 ments
thereto.
26
[(31) Counties
may not exempt from or effect changes in section
2,
27 and amendments
thereto.
28
[(b) Counties shall apply the powers of local legislation
granted
29 in subsection (a) by
resolution of the board of county commission-
30 ers. If no statutory
authority exists for such local legislation
other
31 than that set forth in
subsection (a) and the local legislation pro-
32 posed under the authority of
such subsection is not contrary to any
33 act of the legislature, such
local legislation shall become effective
34 upon passage of a resolution
of the board and publication in the
35 official county newspaper. If
the legislation proposed by the board
36 under authority of subsection
(a) is contrary to an act of the leg-
37 islature which is applicable
to the particular county but not uni-
38 formly applicable to all
counties, such legislation shall become ef-
39 fective by passage of a
charter resolution in the manner provided
40 in K.S.A. 19-101b, and
amendments thereto.
41 Sec.
6. K.S.A. 12-744 and K.S.A. 1998 Supp. 19-101a and
19-
42 101i are hereby
repealed.
43 Sec. 7. This
act shall take effect and be in force from and
after
HB 2339--Am. by S
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1 its publication in the
Kansas register.
2
Section
1. October 14 of each year is hereby designated as
3 Dwight D. Eisenhower Day in the
state of Kansas. Officials of the
4 state and political
subdivisions of this state are requested to display
5 the flag of the United States
on all public buildings on such date
6 and the people of this state
are invited to observe this day in schools
7 and other suitable places with
appropriate ceremonies in special
8 tribute to and in commemoration
of the life and legacy of Dwight
9 D. Eisenhower.
10 Sec. 2. This act
shall take effect and be in force from and after
11 its publication in the statute
book.
12