Session of 2000
SENATE BILL No. 551
By Committee on Agriculture
2-2
9 AN ACT
concerning county home rule; relating to confined feeding fa-
10 cilities; amending
K.S.A. 1999 Supp. 19-101a and repealing the exist-
11 ing section; also
repealing K.S.A. 1999 Supp. 19-101j.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 19-101a is hereby amended to read as
15 follows: 19-101a. (a) The board of county
commissioners may transact all
16 county business and perform all powers of
local legislation and adminis-
17 tration it deems appropriate, subject only
to the following limitations,
18 restrictions or prohibitions:
19 (1) Counties
shall be subject to all acts of the legislature which apply
20 uniformly to all counties.
21 (2) Counties may
not consolidate or alter county boundaries.
22 (3) Counties may
not affect the courts located therein.
23 (4) Counties
shall be subject to acts of the legislature prescribing
24 limits of indebtedness.
25 (5) In the
exercise of powers of local legislation and administration
26 authorized under provisions of this
section, the home rule power con-
27 ferred on cities to determine their local
affairs and government shall not
28 be superseded or impaired without the
consent of the governing body of
29 each city within a county which may be
affected.
30 (6) Counties may
not legislate on social welfare administered under
31 state law enacted pursuant to or in
conformity with public law No. 271--
32 74th congress, or amendments thereof.
33 (7) Counties
shall be subject to all acts of the legislature concerning
34 elections, election commissioners and
officers and their duties as such
35 officers and the election of county
officers.
36 (8) Counties
shall be subject to the limitations and prohibitions im-
37 posed under K.S.A. 12-187 to 12-195,
inclusive, and amendments thereto,
38 prescribing limitations upon the levy of
retailers' sales taxes by counties.
39 (9) Counties may
not exempt from or effect changes in statutes made
40 nonuniform in application solely by reason
of authorizing exceptions for
41 counties having adopted a charter for
county government.
42 (10) No county
may levy ad valorem taxes under the authority of this
43 section upon real property located within
any redevelopment area estab-
2
1 lished under the authority of K.S.A.
12-1772, and amendments thereto,
2 unless the resolution authorizing the
same specifically authorized a por-
3 tion of the proceeds of such levy to
be used to pay the principal of and
4 interest upon bonds issued by a city
under the authority of K.S.A. 12-
5 1774, and amendments thereto.
6
(11) Counties shall have no power under this section to exempt
from
7 any statute authorizing or requiring
the levy of taxes and providing sub-
8 stitute and additional provisions on
the same subject, unless the resolution
9 authorizing the same specifically
provides for a portion of the proceeds
10 of such levy to be used to pay a portion of
the principal and interest on
11 bonds issued by cities under the authority
of K.S.A. 12-1774, and amend-
12 ments thereto.
13 (12) Counties may
not exempt from or effect changes in the provi-
14 sions of K.S.A. 19-4601 to 19-4625,
inclusive, and amendments thereto.
15 (13) Except as
otherwise specifically authorized by K.S.A. 12-1,101
16 to 12-1,109, inclusive, and amendments
thereto, counties may not levy
17 and collect taxes on incomes from whatever
source derived.
18 (14) Counties may
not exempt from or effect changes in K.S.A. 19-
19 430, and amendments thereto. Any charter
resolution adopted by a
20 county prior to July 1, 1983, exempting
from or effecting changes in
21 K.S.A. 19-430, and amendments thereto, is
null and void.
22 (15) Counties may
not exempt from or effect changes in K.S.A. 19-
23 302, 19-502b, 19-503, 19-805 or 19-1202,
and amendments thereto.
24 (16) (A)
Counties may not exempt from or effect changes in K.S.A.
25 13-13a26, and amendments thereto. Any
charter resolution adopted by a
26 county, prior to the effective date of this
act, exempting from or effecting
27 changes in K.S.A. 13-13a26, and amendments
thereto, is null and void.
28 (B) This
provision shall expire on June 30, 2003.
29 (17) (A)
Counties may not exempt from or effect changes in K.S.A.
30 71-301, and amendments thereto. Any charter
resolution adopted by a
31 county, prior to the effective date of this
act, exempting from or effecting
32 changes in K.S.A. 71-301, and amendments
thereto, is null and void.
33 (B) This
provision shall expire on June 30, 2003.
34 (18) Counties may
not exempt from or effect changes in K.S.A. 19-
35 15,139, 19-15,140 and 19-15,141, and
amendments thereto. Any charter
36 resolution adopted by a county prior to the
effective date of this act,
37 exempting from or effecting changes in such
sections is null and void.
38 (19) Counties may
not exempt from or effect changes in the provi-
39 sions of K.S.A. 12-1223, 12-1225, 12-1225a,
12-1225b, 12-1225c and 12-
40 1226, and amendments thereto, or the
provisions of K.S.A. 1999 Supp.
41 12-1260 to 12-1270, inclusive, and
amendments thereto, and 12-1276,
42 and amendments thereto.
43 (20) Counties may
not exempt from or effect changes in the provi-
3
1 sions of K.S.A. 19-211, and
amendments thereto.
2
(21) Counties may not exempt from or effect changes in the
provi-
3 sions of K.S.A. 19-4001 to 19-4015,
inclusive, and amendments thereto.
4
(22) Counties may not regulate the production or drilling of
any oil
5 or gas well in any manner which would
result in the duplication of reg-
6 ulation by the state corporation
commission and the Kansas department
7 of health and environment pursuant to
chapter 55 and chapter 65 of the
8 Kansas Statutes Annotated and any
rules and regulations adopted pur-
9 suant thereto. Counties may not
require any license or permit for the
10 drilling or production of oil and gas
wells. Counties may not impose any
11 fee or charge for the drilling or
production of any oil or gas well.
12 (23) Counties may
not exempt from or effect changes in K.S.A. 79-
13 41a04, and amendments thereto.
14 (24) Counties may
not exempt from or effect changes in K.S.A. 79-
15 1611, and amendments thereto.
16 (25) Counties may
not exempt from or effect changes in K.S.A. 79-
17 1494, and amendments thereto.
18 (26) Counties may
not exempt from or effect changes in subsection
19 (b) of K.S.A. 19-202, and amendments
thereto.
20 (27) Counties may
not exempt from or effect changes in subsection
21 (b) of K.S.A. 2-1915 and 19-204, and
amendments thereto.
22 (28) Counties may
not levy or impose an excise, severance or any
23 other tax in the nature of an excise tax
upon the physical severance and
24 production of any mineral or other material
from the earth or water. Any
25 resolution adopted by any county prior to
the effective date of this act
26 imposing or levying any such tax is null
and void.
27 (29) Counties may
not exempt from or effect changes in K.S.A. 79-
28 2017 or 79-2101, and amendments thereto.
Any charter resolution
29 adopted prior to the effective date of this
act, which affected the provi-
30 sions of K.S.A. 79-2017 or 79-2101, and
amendments thereto, is hereby
31 declared to be null and void.
32 (30) Counties may
not exempt from or effect changes in K.S.A. 2-
33 3302, 2-3305, 2-3307, 17-5904, 17-5908,
47-1219 or 65-171d or K.S.A.
34 1999 Supp. 2-3318, 17-5909 or 65-1,178
through 65-1,199, and amend-
35 ments thereto, except that a county may
adopt standards more stringent
36 than those provided by or pursuant to
K.S.A. 2-3302, 2-3305, 2-3307, 47-
37 1219 or 65-171d or K.S.A. 1999 Supp.
2-3318 or 65-1,178 through 65-
38 1,199, and amendments thereto.
39 (31) Counties may
not exempt from or effect changes in K.S.A. 1999
40 Supp. 80-121, and amendments thereto.
41 (b) Counties
shall apply the powers of local legislation granted in
42 subsection (a) by resolution of the board
of county commissioners. If no
43 statutory authority exists for such local
legislation other than that set forth
4
1 in subsection (a) and the local
legislation proposed under the authority
2 of such subsection is not contrary to
any act of the legislature, such local
3 legislation shall become effective
upon passage of a resolution of the
4 board and publication in the official
county newspaper. If the legislation
5 proposed by the board under authority
of subsection (a) is contrary to an
6 act of the legislature which is
applicable to the particular county but not
7 uniformly applicable to all counties,
such legislation shall become effec-
8 tive by passage of a charter
resolution in the manner provided in K.S.A.
9 19-101b, and amendments
thereto.
10 Sec. 2. K.S.A. 1999 Supp.
19-101a and 19-101j are hereby repealed.
11 Sec. 3. This act shall
take effect and be in force from and after its
12 publication in the Kansas register.