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 9  AN ACT concerning cities and counties; relating to charter ordinances
10    and charter resolutions; amending K.S.A. 19-101b and repealing the
11    existing section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 19-101b is hereby amended to read as follows: 19-
15  101b. (a) Any county, by charter resolution, may elect in the manner
16  prescribed in this section that the whole or any part of any act of the
17  legislature applying to such county other than those acts concerned with
18  those limitations, restrictions or prohibitions set forth in subsection (a) of
19  K.S.A. 19-101a, and amendments thereto, shall not apply to such county.
20    (b)  A charter resolution is a resolution which exempts a county from
21  the whole or any part of an act of the legislature and which may provide
22  substitute and additional provisions on the same subject. Such charter
23  resolution shall be so titled, shall designate specifically the act of the
24  legislature or part thereof made inapplicable to such county by the pas-
25  sage of the resolution and shall contain any substitute and additional pro-
26  visions. Such charter resolution shall require the unanimous vote of all
27  board members unless the board determines prior to passage it is to be
28  submitted to a referendum in the manner hereinafter provided, in which
29  event such resolution shall require a 2/3 vote of the board. In counties
30  with five or seven county commissioners, such charter resolution shall
31  require a 2/3 vote of all board members unless the board determines prior
32  to passage it is to be submitted to a referendum in the manner hereinafter
33  provided, in which event such resolution shall require a majority vote of
34  the board. Every charter resolution shall be published once each week
35  for two consecutive weeks in the official county newspaper. A charter
36  resolution shall take effect 60 days after final publication unless it is sub-
37  mitted to a referendum in which event it shall take effect when approved
38  by a majority of the electors voting thereon.
39    (c)  If within 60 days of the final publication of a charter resolution, a
40  petition signed by a number of electors of a county equal to not less than
41  2% of the number of electors who voted at the last preceding November
42  general election or 100 electors, whichever is the greater, shall be filed
43  in the office of the county election officer demanding that such resolution
HB 2568
                                     

 1  be submitted to a vote of the electors, it shall not take effect until sub-
 2  mitted to a referendum and approved by the electors. An election if
 3  called, shall be called within 30 days and held within 90 days after the
 4  filing of the petition. The board, by resolution, shall call the election and
 5  fix the date. Such resolution shall be published once each week for three
 6  consecutive weeks in the official county newspaper, and the election shall
 7  be conducted in the same manner as are elections for officers of such
 8  county. The proposition shall be: ``Shall charter resolution No. _________,
 9  entitled (title of resolution) take effect?'' Following the proposition, a brief
10  nontechnical statement expressing the intent or purpose of the charter
11  resolution and the effect of a vote for and a vote against the charter res-
12  olution shall be printed on the ballot. The board may submit any charter
13  resolution to a referendum without petition in the same manner as charter
14  resolutions are submitted upon petition, except elections shall be called
15  within 30 days and held within 90 days after the first publication of the
16  charter resolution. Each charter resolution which becomes effective shall
17  be recorded by the county election officer in a book maintained for that
18  purpose with a statement of the manner of adoption, and a certified copy
19  shall be filed with the secretary of state, who shall keep an index of the
20  same.
21    (d)  Each charter resolution passed shall control and prevail over any
22  prior or subsequent act of the board and may be repealed or amended
23  only by charter resolution or by an act of the legislature uniformly appli-
24  cable to all counties.
25    New Sec. 2.  In addition to the requirements provided by section 5
26  of article 12 of the Kansas Constitution, whenever a charter ordinance is
27  submitted for approval to the qualified electors of a city, there shall be
28  printed on the ballot following the proposition, a brief nontechnical state-
29  ment expressing the intent or purpose of the proposition and the effect
30  of a vote for and a vote against the proposition.
31    Sec. 3.  K.S.A. 19-101b is hereby repealed.
32    Sec. 4.  This act shall take effect and be in force from and after its
33  publication in the statute book.