[As Further Amended by Senate Committee of the Whole]
         
As Amended by Senate Committee
          
Session of 1999
         
SENATE BILL No. 7
         
By Special Committee on Local Government
          
12-16
          
11             AN  ACT concerning cities and counties; relating to the consolidation
12             thereof; amending K.S.A. 12-301 and 12-3909 and K.S.A. 1998 Supp.
13             19-205 and repealing the existing sections.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             New Section  1. As used in this act:
17             (a) "Board" means the board of county commissioners.
18             (b) "City" means any city.
19             (c) "Commission" means a consolidation study commission selected
20       pursuant to section 2, and amendments thereto.
21             (d) "County" means any county.
22             New Sec.  2. (a) The board of county commissioners of a county and
23       the governing body of any city or cities located within such county may
24       adopt a joint resolution providing for the establishment of a consolidation
25       study commission to prepare a plan for the consolidation of the county
26       and such city or cities located in such county. Such resolution shall not
27       [If the governing body of a city within the county does not adopt
28       such joint resolution, such city shall not be included within nor
29       subject to the provisions of any consolidation plan in regard to the
30       status of such city as a separate entity from the county.
31             Such resolution shall not] be effective until the question has been
32       submitted to and approved by a majority of the qualified electors of the
33       county voting at an election thereon. Such election shall be called and
34       held in the manner provided by the general bond law.
35             (b) Upon presentation to the board of county commissioners of a
36       sufficient petition requesting the establishment of a consolidation study
37       commission, the board shall adopt a resolution providing for the estab-
38       lishment of a consolidation study commission to prepare a plan for the
39       consolidation of such county and city or cities located therein. Any such
40       petition shall be signed by at least 10% of the qualified electors of the
41       county. Any such petition shall contain a statement that the creation of a
42       consolidation study commission and any final plan adopted by the com-

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  1       mission which recommends consolidation shall be subject to approval by
  2       the qualified electors of the county. In addition, the petition also shall
  3       state that no city shall be consolidated with the county and no offices,
  4       functions, services and operations of a city shall be consolidated with the
  5       county unless such consolidation plan is approved by a majority of the
  6       qualified electors of such city voting at the election held on such plan.
  7       Such resolution shall be submitted to the qualified electors of the county
  8       at an election called and held in the manner provided by the general bond
  9       law.
10             (c) (b) Any resolution or petition authorized to be adopted or sub-
11       mitted by subsection (a) or (b) pursuant to subsection (a) shall provide
12       for the establishment of a consolidation study commission and shall pro-
13       vide either that the members be appointed or that the members be
14       elected by the qualified electors of the county on a nonpartisan basis. If
15       the commission is to be elected, the procedure for holding such election
16       shall be determined by such resolution or petition. The laws applicable
17       to the procedure, manner and method provided for the election of county
18       officers shall apply to the election of members of the commission except
19       that such election shall be called in the manner provided by the general
20       bond law.
21             (d) (c) If a majority of the qualified electors of the county voting on
22       a resolution submitted pursuant to subsection (a) or (b) vote in favor
23       thereof, the commission shall be elected or appointed as provided by the
24       resolution or petition. The number of members on a consolidation study
25       commission shall be determined by the resolution or petition. At least 1/3
26       of the membership of a consolidation study commission shall be residents
27       of the unincorporated area of the county.
28             New Sec.  3. (a) Within 30 days following the certification of the re-
29       sults of the election or appointment of members of the consolidation
30       study commission, the chairperson of the board of county commissioners,
31       acting as the temporary chairperson of the commission, shall call and hold
32       an organizational meeting of the commission. The commission shall elect
33       a chairperson, vice-chairperson and other officers deemed necessary. The
34       commission may adopt rules governing the conduct of its meetings.
35             (b) The commission shall be subject to the open meetings law and
36       the open records law.
37             (c) Members of the commission shall be reimbursed for the actual
38       and necessary expenses incurred in the performance of their official
39       duties.
40             (d) The commission may appoint an executive director of the com-
41       mission. The executive director shall receive compensation established by
42       the commission. The executive director shall employ other staff and may
43       contract with consultants, as the executive director deems necessary to

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  1       carry out the functions of the commission. Staff employed by the exec-
  2       utive director shall receive compensation established by the executive
  3       director and approved by the commission.
  4             (e) The commission shall prepare and adopt a budget for the oper-
  5       ation and functions of the commission and commission activities.
  6             New Sec.  4. (a) The commission shall prepare and adopt a plan ad-
  7       dressing the consolidation of the city or cities and county or certain city
  8       and county offices, functions, services and operations. The commission
  9       shall conduct such studies and investigations as it deems appropriate to
10       complete its work. Such studies and investigations shall include, but not
11       be limited to:
12             (1) Studies of the efficiency and effectiveness of the administrative
13       operations of the city or cities and county.
14             (2) Studies of the costs and benefits of consolidating the city or cities
15       and county or certain city or cities and county offices, functions, services
16       and operations.
17             (b) The commission shall hold public hearings for the purpose of
18       receiving information and materials which will aid in the drafting of the
19       plan.
20             (c) For the purposes of performing its studies and investigations, the
21       commission or its executive director may administer oaths and affirma-
22       tions, subpoena witnesses, compel their attendance, take evidence, re-
23       quire the production of any books, papers, correspondence, memoranda,
24       agreements or other documents or records which the commission or ex-
25       ecutive director deems relevant or material to its studies and investigation.
26             (d) The commission shall prepare and adopt a preliminary plan ad-
27       dressing the consolidation of the city or cities and county or certain city
28       and county offices, functions, services and operations it deems advisable.
29       Copies of the preliminary plan shall be filed with the county election
30       officer, city clerk of each city to be consolidated and each public library
31       within the county and shall be available to members of the public for
32       inspection upon request. The commission shall hold at least two public
33       hearings to obtain citizen views concerning the preliminary plan. At least
34       seven days shall elapse between the holding of such hearings. Notice of
35       such hearings shall be published at least once in a newspaper of general
36       circulation within the county. Following the public hearings on the pre-
37       liminary plan, the commission may adopt, or modify and adopt, the pre-
38       liminary plan as the final plan.
39             (e) The final plan shall include the full text and an explanation of the
40       proposed plan, and comments deemed desirable by the commission, a
41       written opinion by an attorney admitted to practice law in the state of
42       Kansas and retained by the executive director for such purpose that the
43       proposed plan is not in conflict with the constitution or the laws of the

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  1       state, and any minority reports. Copies of the final plan shall be filed with
  2       the county election officer, city clerk of each city to be consolidated and
  3       each public library within the county and shall be available to members
  4       of the public for inspection upon request. The commission shall continue
  5       in existence at least 90 days following the submission of the final plan for
  6       approval at an election as provided by subsection (f).
  7             (f) The final plan shall be submitted to the qualified electors of the
  8       county at the next general election of the county held at least 45 days
  9       following the adoption of the final plan by the commission. Such election
10       shall be called and held by the county election officer in the manner
11       provided by the general election law. A summary of the final plan shall
12       be prepared by the commission and shall be published at least once each
13       week for two consecutive weeks in a newspaper of general circulation
14       within the county.
15             If a majority of the qualified electors of the county voting on the plan
16       vote in favor thereof, the consolidation plan shall be implemented in the
17       manner provided by the plan except that no city shall be consolidated
18       with the county and no offices, functions, services or operations of a city
19       shall be consolidated with the county unless such consolidation plan is
20       approved by a majority of the qualified electors of such city voting at the
21       election held on such plan.
22             There shall be printed on the ballots at any election called to approve
23       the final plan the following statement:
24             "If the majority of the qualified electors of a county and the majority
25       of the qualified electors of a city voting at the election to approve the
26       final plan vote in favor of such plan, such city shall be included within
27       and subject to the provisions of such plan.
28             If the majority of the qualified electors of a city voting at the election
29       to approve the final plan, do not vote in favor of such plan, such city shall
30       not be included within nor subject to the provisions of such plan in regard
31       to the status of such city as a separate entity from the county."
32             If such a majority of the electors vote against such plan, the proposed
33       consolidation plan shall not be implemented.
34             If the commission submits a final plan which does not recommend the
35       consolidation of the city or cities and county or certain city and county
36       offices, functions, services and operations, the provisions of this subsec-
37       tion shall not apply.
38             New Sec.  5. (a) Any plan submitted by the commission shall provide
39       for the exercise of powers of local legislation and administration not in-
40       consistent with the constitution or other laws of this state.
41             (b) If the commission submits a plan providing for the consolidation
42       of certain city and county offices, functions, services and operations, the
43       plan shall:

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  1             (1) Include a description of the form, structure, functions, powers
  2       and officers and the duties of such officers recommended in the plan.
  3             (2) Provide for the method of amendment or abandonment of the
  4       plan.
  5             (3) Authorize the election, appointment or elimination of elective of-
  6       ficials and offices.
  7             (4) Specify the effective date of the consolidation.
  8             (5) In the case of multi-city consolidation with a county, the plan shall
  9       include provisions addressing the situation if the plan is approved by the
10       electors of one, but not all cities to be consolidated under the plan.
11             (6) Include other provisions determined necessary by the
12       commission.
13             (c) If the plan provides for the consolidation of the city or cities and
14       county, in addition to the requirements of subsection (b) the plan shall:
15             (1) Fix the boundaries of the governing body's election districts, pro-
16       vide a method for changing the boundaries from time-to-time, any at-
17       large positions on the governing body, fix the number, term and initial
18       compensation of the governing body of the consolidated city-county and
19       the method of election.
20             (2) Determine whether elections of the governing body of the con-
21       solidated city-county shall be partisan or nonpartisan elections and the
22       time at which such elections shall be held.
23             (3) Determine the distribution of legislative and administrative duties
24       of the consolidated city-county officials, provide for consolidation or ex-
25       pansion of services as necessary, authorize the appointment of a consol-
26       idated city-county administrator or a city-county manager, if deemed ad-
27       visable, and prescribe the general structure of the consolidated
28       city-county government.
29             (4) Provide for the official name of the consolidated city-county.
30             (5) Provide for the transfer or other disposition of property and other
31       rights, claims and assets of the county and city.
32             New Sec.  6. (a) If the voters approve a plan which provides for the
33       consolidation of the city or cities and county, such consolidated city-
34       county shall be subject to the provisions of this section.
35             (b) The consolidated city-county shall be subject to the cash-basis and
36       budget laws of the state of Kansas.
37             (c) Except as provided in subsection (d), and in any other statute
38       which specifically exempts bonds from the statutory limitations on bonded
39       indebtedness, the limitation on bonded indebtedness of a consolidated
40       city-county under this act shall be determined by the commission in the
41       plan, but shall not exceed 30% of the assessed value of all tangible taxable
42       property within such county on the preceding August 25.
43             (d) The following shall not be included in computing the total bonded

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  1       indebtedness of the consolidated city-county for the purposes of deter-
  2       mining the limitations on bonded indebtedness:
  3             (1) Bonds issued for the purpose of refunding outstanding debt, in-
  4       cluding outstanding bonds and matured coupons thereof, or judgments
  5       thereon.
  6             (2) Bonds issued pursuant to the provisions of article 46 of chapter
  7       19 of the Kansas Statutes Annotated, and amendments thereto.
  8             (3) Bonds issued for the purpose of financing the construction or
  9       remodeling of a courthouse, jail or law enforcement center facility, which
10       bonds are payable from the proceeds of a retailers' sales tax.
11             (4) Bonds issued for the purpose of acquiring, enlarging, extending
12       or improving any storm or sanitary sewer system.
13             (5) Bonds issued for the purpose of acquiring, enlarging, extending
14       or improving any municipal utility.
15             (6) Bonds issued to pay the cost of improvements to intersections of
16       streets and alleys or that portion of any street immediately in front of city
17       or school district property.
18             (e) Any bonded indebtedness and interest thereon incurred by the
19       city or cities or county prior to consolidation or refunded thereafter shall
20       remain an obligation of the property subject to taxation for the payment
21       thereof prior to such consolidation.
22             (f) Upon the effective date of the consolidation of the city or cities
23       and county, any retailers' sales tax levied by the city or cities or county in
24       accordance with K.S.A. 12-187 et seq., and amendments thereto, prior to
25       such date shall remain in full force and effect, except that part of the rate
26       attributable to the city or cities to be consolidated shall not apply to retail
27       sales in the cities which are not consolidated with the county. The con-
28       solidated city-county shall be a class A, B, C or D city as determined by
29       the commission in the plan.
30             (g) Upon the effective date of the consolidation of the city or cities
31       and county, the territory of the consolidated city-county shall include:
32             (1) All of the territory of the county for purposes of exercising the
33       powers, duties and functions of a county.
34             (2) All of the territory of the county, except the territory of the cities
35       which are not consolidated with the county and the unincorporated area
36       of the county, for purposes of exercising the powers, duties and functions
37       of a city.
38             (h) For the purposes of section 1 of article 5 of the constitution of
39       the state of Kansas, the "voting area" for the governing body of the con-
40       solidated city-county shall include all the territory within the county.
41             (i) Except for the consolidated city-county and unless otherwise pro-
42       vided by law, other political subdivisions of the county shall not be af-
43       fected by consolidation of the city or cities and county. Such other political

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  1       subdivisions shall continue in existence and operation.
  2             (j) Unless otherwise provided by law, the consolidated city-county
  3       shall be eligible for the distribution of any funds from the state and federal
  4       government as if no consolidation had occurred. Except as provided in
  5       this subsection, the population and assessed valuation of the territory of
  6       the consolidated city-county shall be considered its population and as-
  7       sessed valuation for purposes of the distribution of moneys from the state
  8       or federal government.
  9             (k) The consolidated city-county shall be a county. The governing
10       body of the consolidated city-county shall be considered county commis-
11       sioners for the purposes of section 2 of article 4 of the constitution of the
12       state of Kansas and shall have all the powers, functions and duties of a
13       county and may exercise home rule powers in the manner and subject to
14       the limitations provided by K.S.A. 19-101a, and amendments thereto, and
15       other laws of this state.
16             The governing body of the consolidated city-county shall be responsible
17       for any duties or functions imposed by the constitution of the state of
18       Kansas and other laws of this state upon any county office abolished by
19       the consolidation plan. Such duties may be delegated by the governing
20       body or as provided in the consolidation plan.
21             (l) The consolidated city-county shall be a city of the first, second or
22       third class as determined by the commission in the plan. The governing
23       body of the consolidated city-county shall have all the powers, functions
24       and duties of a city of such class and may exercise home rule powers in
25       the manner and subject to the limitations provided by article 12 of section
26       5 of the constitution of the state of Kansas and other laws of this state.
27             (m) The governing body of the consolidated city-county may create
28       special service districts within the city-county and may levy taxes for serv-
29       ices provided in such districts.
30             (n) Changes in the form of government approved by the voters in
31       accordance with the consolidation plan are hereby declared to be legis-
32       lative matters and subject to initiative and referendum in accordance with
33       K.S.A. 12-3013 et seq., and amendments thereto.
34             New Sec.  7. The board of county commissioners may levy a tax not
35       to exceed one mill on all taxable tangible property of the county for the
36       purpose of financing the costs incurred by the consolidation study com-
37       mission while executing the powers, duties and functions of such com-
38       mission. After the payment of such costs incurred by the commission any
39       remaining moneys derived from such tax levy shall be transferred to the
40       county general fund in the manner provided by K.S.A. 79-2958, and
41       amendments thereto.
42             Sec.  8. K.S.A. 12-301 is hereby amended to read as follows: 12-301.
43       (a) Whenever two or more cities organized under the laws of the state of

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  1       Kansas, which are adjacent to each other, desire to form but one city
  2       consolidate, such consolidation may be made under the provisions of this
  3       act: Provided, That if any one of said. If one of such cities shall have
  4       adopted the commission form of government, the word "council," as
  5       hereinafter used, shall be construed literally, or shall be held to mean
  6       mayor and commissioners, or board of commissioners as the sense shall
  7       justify.
  8             (b) The provisions of K.S.A. 12-301 through 12-331a, and amend-
  9       ments thereto, shall not apply to cities consolidated pursuant to this act,
10       and amendments thereto.
11             Sec.  9. K.S.A. 12-3909 is hereby amended to read as follows: 12-
12       3909. Nothing in this act shall be construed as authorizing the consoli-
13       dation of any political or taxing subdivision with any other political or
14       taxing subdivision. Nothing in this act K.S.A. 12-3901 through 12-3908,
15       and amendments thereto, shall be construed to authorize the closing or
16       the change of use of any school or attendance facility.
17             Sec.  10. K.S.A. 1998 Supp. 19-205 is hereby amended to read as
18       follows: 19-205. Except as provided by K.S.A. 1998 Supp. 12-344 and,
19       12-345, sections 5 and 6, and amendments thereto, no person holding any
20       state, county, township or city office shall be eligible to the office of
21       county commissioner in any county in this state.
22             Nothing in this section shall prohibit the appointment of any county
23       commissioner to any state board, committee, council, commission or sim-
24       ilar body which is established pursuant to statutory authority, so long as
25       any county commissioner so appointed is not entitled to receive any pay,
26       compensation, subsistence, mileage or expenses for serving on such body
27       other than that which is provided by law to be paid in accordance with
28       the provisions of K.S.A. 75-3223, and amendments thereto. 
29       Sec.  11. K.S.A. 12-301 and 12-3909 and K.S.A. 1998 Supp. 19-205
30       are hereby repealed.
31        Sec.  12. This act shall take effect and be in force from and after its
32       publication in the statute book.