By Committee on Elections and Local Government
A PROPOSITION to amend article 9 of the constitution of the state of Kansas, relating
to counties by adding a new section 6 which pertains to home rule for counties.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
(or appointed) and qualified to the Senate and two-thirds of the members elected (or
appointed) and qualified to the House of Representatives concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Article
9 of the constitution of the state of Kansas is amended by adding a new section thereto to
read as follows:
``§ 6. Counties' powers of home rule. (a) The legislature shall provide by general
law, applicable to all counties: Provided, That existing laws on such subjects not
applicable to all counties on the effective date of this amendment shall remain in effect
until superseded by general law and such existing laws shall not be subject to resolution.
(b) Counties are hereby empowered to determine their local affairs and government
including the levying of taxes, excises, fees, charges and other exactions except when
and as the levying of any tax, excise, fee, charge or other exaction is limited or prohibited
by enactment of the legislature applicable uniformly to all counties of the same class:
Provided that the legislature may establish not to exceed four classes of counties for the
purpose of imposing all such limitations or prohibitions. Counties shall exercise such
determination by resolution passed by the governing body with referendums only in
such cases as prescribed by the legislature, subject only to enactments of the legislature
of statewide concern applicable uniformly to all counties, to other enactments of the
legislature applicable uniformly to all counties, to enactments of the legislature
applicable uniformly to all counties limiting or prohibiting the levying of any tax, excise,
fee, charge or other exaction and to enactments of the legislature prescribing limits of
indebtedness. All enactments relating to counties now in effect or hereafter enacted and
as later amended and until repealed shall govern counties except as counties shall exempt
themselves by charter resolutions as herein provided for in subsection (c).
(c) (1) Any county may by charter resolution elect in the manner prescribed in this
section that the whole or any part of any enactment of the legislature applying to such
county, other than enactments of statewide concern applicable uniformly to all counties,
other enactments applicable uniformly to all counties, and enactments prescribing limits
of indebtedness, shall not apply to such county.
(2) A charter resolution is a resolution which exempts a city from the whole or any
part of any enactment of the legislature as referred to in this section and which may
provide substitute and additional provisions on the same subject. Such charter resolution
shall be so titled, shall designate specifically the enactment of the legislature or part
thereof made inapplicable to such county by the adoption of such resolution and contain
the substitute and additional provisions, if any, and shall require a two-thirds vote of the
members-elect of the governing body of such county. Every charter resolution shall be
published once each week for two consecutive weeks in the official county newspaper
or, if there is none, in a newspaper of general circulation in the county.
(3) No charter resolution shall take effect until sixty days after its final publication.
If within sixty days of its final publication a petition signed by a number of electors of
the county equal to not less than ten percent of the number of electors who voted at
the last preceding regular county election shall be filed in the office of the clerk of such
county demanding that such ordinance be submitted to a vote of the electors, it shall
not take effect until submitted to a referendum and approved by a majority of the
electors voting thereon. An election, if called, shall be called within thirty days and held
within ninety days after the filing of the petition. The governing body shall pass a
resolution calling the election and fixing the date, which resolution shall be published
once each week for three consecutive weeks in the official county newspaper or, if there
is none, in a newspaper of general circulation in the county, and the election shall be
conducted as elections for officers and by the officers handling such elections. The
proposition shall be: ``Shall charter resolution No. ________, entitled (title of
resolution) take effect?'' The governing body may submit any charter ordinance to a
referendum without petition by the same publication of the charter resolution and the
same publication of the resolution calling the election as for resolutions upon petition
and such charter ordinance shall then become effective when approved by a majority of
the electors voting thereon. Each charter resolution becoming effective shall be recorded
by the clerk in a book maintained for that purpose with a statement of the manner of
adoption and a certified copy shall be filed with the secretary of state, who shall keep
an index of the same.
(4) Each charter resolution enacted shall control and prevail over any prior or
subsequent act of the governing body of the county and may be repealed or amended
only by charter resolution or by enactments of the legislature applicable to all counties.
(d) Powers and authority granted counties pursuant to this section shall be liberally
construed for the purpose of giving to counties the largest measure of self-government.
(e) This amendment shall be effective on and after July 1, 2001.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. This amendment would empower counties to determine their
local affairs and government by permitting them to elect to not have enactments of
the legislature apply to individual counties, other than enactments of statewide
concern applicable uniformly to all counties, other enactments applicable uniformly
to all counties and enactments prescribing limits of indebtedness.''
``A vote for this proposition would empower counties to determine their local affairs and
government by permitting them to elect to not have enactments of the legislature
apply to individual counties, other than enactments of statewide concern applicable
uniformly to all counties, other enactments applicable uniformly to all counties and
enactments prescribing limits of indebtedness, and any other areas that the
legislature has or may subsequently determine to limit the counties' ability to
determine their local affairs and government.''
``A vote against this proposition would retain the present laws concerning county home
rule and other laws governing the operation of counties.''
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the Senate, and two-thirds of the members elected (or appointed) and
qualified to the House of Representatives shall be entered on the journals, together with
the yeas and nays. The secretary of state shall cause this resolution to be published as
provided by law and shall cause the proposed amendment to be submitted to the electors
of the state at the general election in the year 2000 unless a special election is called at a
sooner date by concurrent resolution of the legislature, in which case it shall be submitted
to the electors of the state at the special election.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to Committees as indicated:
Agriculture: SB 572.
Energy and Natural Resources: SB 571; SCR 1638.
Federal and State Affairs: SCR 1639.
MESSAGE FROM THE HOUSE
Announcing passage of SB 2241; Substitute HB 2290; Substitute HB 2581; HB 2592,
2600.
Also, passage of Substitute SB 243, as amended.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
SB 2241; Substitute HB 2290; Substitute HB 2581; HB 2592, 2600 were thereupon
introduced and read by title.
REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation recommends SB 408 be passed.
Committee on Financial Institutions and Insurance recommends Sb 458 be passed.
Committee on Judiciary recommends SB 504 be passed and, because the committee
is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.
Also, SB 526 be passed.
REPORT ON ENROLLED BILLS
SR 1809 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on February 7, 2000.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Tuesday, February
8, 2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.