Brief⁽¹⁾

H.B. 2759 establishes a protest petition and election procedure to be held in the area outside and within three miles of the corporate limits of a city, when a city adopts an ordinance providing for the enforcement of building codes in this unincorporated area. The bill also requires an election on the issue of consolidation of functions between two or more taxing subdivisions.

In regard to the building permit issue, the protest petition (20 percent of the qualified electors) must be filed within 90 days of the effective date of the bill or 90 days of the effective date of the ordinance. If a majority vote in favor of rejecting the building code regulation, the city must modify its ordinance to exclude the area and the city may not adopt any ordinance extending building codes to this area for at least four years.

The Senate Committee deleted a House Committee of the Whole amendment to the consolidation of operations, procedures, and functions law (K.S.A. 12-3901 et seq.) to require separate majorities in each taxing subdivision when an initiative petition is presented requesting the consolidation of functions of two or more political or taxing subdivisions. The Senate Committee also made technical amendments.

Background

Proponents of the bill said the City of Andover passed an ordinance to enforce city building codes within the three-mile ring of the city. They argued this should be a county function since residents of the unincorporated area could not vote in city elections. A representative of the City of Andover expressed reservations about the bill as amended.

The bill has no fiscal impact on the state.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.