Session of 2000
         
House Concurrent Resolution No. 5074
         
By Representative Mays
         
3-13
         

10             A  PROPOSITION to amend section 5 of article 12 of the constitution
11             of the state of Kansas, relating to cities' powers of home rule.
12      
13       Be it resolved by the Legislature of the State of Kansas, two-thirds of the
14             members elected (or appointed) and qualified to the House of Repre-
15             sentatives and two-thirds of the members elected (or appointed) and
16             qualified to the Senate concurring therein:
17                   Section  1. The following proposition to amend the constitution of the
18       state of Kansas shall be submitted to the qualified electors of the state
19       for their approval or rejection: Section 5 of article 12 of the constitution
20       of the state of Kansas is hereby amended to read as follows:
21             ``§  5. Cities' powers of home rule. (a) The legislature shall pro-
22             vide by general law, applicable to all cities, for the incorporation of
23             cities and the methods by which city boundaries may be altered,
24             cities may be merged or consolidated and cities may be dissolved:
25             Provided, That. Existing laws on such subjects not applicable to all
26             cities on the effective date of this amendment shall remain in effect
27             until superseded by general law and such existing laws shall not be
28             subject to charter ordinance.
29                   (b) Cities are hereby empowered to determine their local af-
30             fairs and government including the levying of taxes, excises, fees,
31             charges and other exactions except when and as the levying of any
32             tax, excise, fee, charge or other exaction is limited or prohibited by
33             enactment of the legislature applicable uniformly to all cities of the
34             same class: Provided, That. The legislature may establish not to
35             exceed four classes of cities for the purpose of imposing all such
36             limitations or prohibitions. Cities shall exercise such determination
37             by ordinance passed by the governing body with referendums only
38             in such cases as prescribed by the legislature, subject only to en-
39             actments of the legislature of statewide concern applicable uni-
40             formly to all cities, to other enactments of the legislature applicable
41             uniformly to all cities, to enactments of the legislature applicable
42             uniformly to all cities of the same class limiting or prohibiting the
43             levying of any tax, excise, fee, charge or other exaction and to en-


2

  1             actments of the legislature prescribing limits of indebtedness. Ex-
  2             cept as provided by this section, all enactments relating to cities
  3             now in effect or hereafter enacted and as later amended and until
  4             repealed shall govern cities except as cities shall exempt themselves
  5             by charter ordinances as herein provided for in subsection (c).
  6                   (c)  (1) Any city may, by charter ordinance, may elect in the
  7             manner prescribed in this section that the whole or any part of any
  8             enactment of the legislature applying to such city, other than en-
  9             actments of statewide concern applicable uniformly to all cities,
10             other enactments applicable uniformly to all cities, and enactments
11             prescribing limits of indebtedness, shall not apply to such city.
12                   (2) A charter ordinance is an ordinance which exempts a city
13             from the whole or any part of any enactment of the legislature as
14             referred to in this section and which may provide substitute and
15             additional provisions on the same subject. Such charter ordinance
16             shall be so titled, shall designate specifically the enactment of the
17             legislature or part thereof made inapplicable to such city by the
18             adoption of such ordinance and contain the substitute and addi-
19             tional provisions, if any, and shall require a two-thirds vote of the
20             members-elect of the governing body of such city. Every charter
21             ordinance shall be published once each week for two consecutive
22             weeks in the official city newspaper or, if there is none, in a news-
23             paper of general circulation in the city.
24                   (3) No charter ordinance shall take effect until sixty days after
25             its final publication. If within sixty days of its final publication a
26             petition signed by a number of electors of the city equal to not less
27             than ten percent 10% of the number of electors who voted at the
28             last preceding regular city election shall be filed in the office of the
29             clerk of such city demanding that such ordinance be submitted to
30             a vote of the electors, it shall not take effect until submitted to a
31             referendum and approved by a majority of the electors voting
32             thereon. An election, if called, shall be called within thirty 30 days
33             and held within ninety 90 days after the filing of the petition. The
34             governing body shall pass an ordinance calling the election and fix-
35             ing the date, which ordinance shall be published once each week
36             for three consecutive weeks in the official city newspaper or, if there
37             be none, in a newspaper of general circulation in the city, and the.
38             Such election shall be conducted in the same manner as elections
39             for officers and by the officers handling such elections. The prop-
40             osition shall be: ``Shall charter ordinance No. ________, entitled
41             (title of ordinance) take effect?'' The governing body may submit
42             any charter ordinance to a referendum without petition by the same
43             publication of the charter ordinance and the same publication of


3

  1             the ordinance calling the election as for ordinances upon petition
  2             and such charter ordinance shall then become effective when ap-
  3             proved by a majority of the electors voting thereon. Each charter
  4             ordinance becoming effective shall be recorded by the clerk in a
  5             book maintained for that purpose with a statement of the manner
  6             of adoption and a certified copy shall be filed with the secretary of
  7             state, who shall keep an index of the same.
  8                   (4) Each charter ordinance enacted shall control and prevail
  9             over any prior or subsequent act of the governing body of the city
10             and may be repealed or amended only by charter ordinance or by
11             enactments of the legislature applicable to all cities.
12                   (d) Powers and authority granted cities pursuant to this section
13             shall be liberally construed for the purpose of giving to cities the
14             largest measure of self-government.
15                   (e) This amendment shall be effective on and after July 1, 1961.
16              (e) The legislature shall provide by law a procedure for initia-
17             tive of charter ordinances.''
18             Sec.  2. The following statement shall be printed on the ballot with
19       the amendment as a whole:
20             ``Explanatory statement. Under current law a charter ordinance of
21                   a city may be amended or repealed only by a charter ordinance
22                   enacted by the governing body of the city or by enactment of
23                   the legislature applicable to all cities. The purpose of this amend-
24                   ment is to require the legislature to enact a law authorizing ini-
25                   tiative of charter ordinances.
26                   ``A vote for this proposition would require the legislature to enact
27                   a law authorizing initiative and referendum of charter
28                   ordinances.
29                   ``A vote against this proposition would retain the current limitations
30                   on initiative and referendum.''
31                   Sec.  3. This resolution, if approved by two-thirds of the members
32       elected (or appointed) and qualified to the House of Representatives, and
33       two-thirds of the members elected (or appointed) and qualified to the
34       Senate shall be entered on the journals, together with the yeas and nays.
35       The secretary of state shall cause this resolution to be published as pro-
36       vided by law and shall cause the proposed amendment to be submitted
37       to the electors of the state at the general election to be held on November
38       7, 2000, unless a special election is called at a sooner date by concurrent
39       resolution of the legislature, in which case it shall be submitted to the
40       electors of the state at the special election.
41