Session of 2000
Senate Concurrent Resolution No. 1640 By Committee on Elections and Local Government 2-7

9 A PROPOSITION to amend article 9 of the constitution of the state of
10 Kansas, relating to counties by adding a new section 6 which pertains
11 to home rule for counties.
12
13 Be it resolved by the Legislature of the State of Kansas, two-thirds of the
14 members elected (or appointed) and qualified to the Senate and two-
15 thirds of the members elected (or appointed) and qualified to the House
16 of Representatives concurring therein:
17 Section 1. The following proposition to amend the constitution of the
18 state of Kansas shall be submitted to the qualified electors of the state
19 for their approval or rejection: Article 9 of the constitution of the state of
20 Kansas is amended by adding a new section thereto to read as follows:
21 "§ 6. Counties' powers of home rule. (a) The legislature shall
22 provide by general law, applicable to all counties: Provided, That
23 existing laws on such subjects not applicable to all counties on the
24 effective date of this amendment shall remain in effect until super-
25 seded by general law and such existing laws shall not be subject to
26 resolution.
27 (b) Counties are hereby empowered to determine their local
28 affairs and government including the levying of taxes, excises, fees,
29 charges and other exactions except when and as the levying of any
30 tax, excise, fee, charge or other exaction is limited or prohibited by
31 enactment of the legislature applicable uniformly to all counties of
32 the same class: Provided that the legislature may establish not to
33 exceed four classes of counties for the purpose of imposing all such
34 limitations or prohibitions. Counties shall exercise such determi-
35 nation by resolution passed by the governing body with referen-
36 dums only in such cases as prescribed by the legislature, subject
37 only to enactments of the legislature of statewide concern applica-
38 ble uniformly to all counties, to other enactments of the legislature
39 applicable uniformly to all counties, to enactments of the legislature
40 applicable uniformly to all counties limiting or prohibiting the lev-
41 ying of any tax, excise, fee, charge or other exaction and to enact-
42 ments of the legislature prescribing limits of indebtedness. All en-
43 actments relating to counties now in effect or hereafter enacted and

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1 as later amended and until repealed shall govern counties except as
2 counties shall exempt themselves by charter resolutions as herein
3 provided for in subsection (c).
4 (c) (1) Any county may by charter resolution elect in the man-
5 ner prescribed in this section that the whole or any part of any
6 enactment of the legislature applying to such county, other than
7 enactments of statewide concern applicable uniformly to all coun-
8 ties, other enactments applicable uniformly to all counties, and en-
9 actments prescribing limits of indebtedness, shall not apply to such
10 county.
11 (2) A charter resolution is a resolution which exempts a city
12 from the whole or any part of any enactment of the legislature as
13 referred to in this section and which may provide substitute and
14 additional provisions on the same subject. Such charter resolution
15 shall be so titled, shall designate specifically the enactment of the
16 legislature or part thereof made inapplicable to such county by the
17 adoption of such resolution and contain the substitute and addi-
18 tional provisions, if any, and shall require a two-thirds vote of the
19 members-elect of the governing body of such county. Every charter
20 resolution shall be published once each week for two consecutive
21 weeks in the official county newspaper or, if there is none, in a
22 newspaper of general circulation in the county.
23 (3) No charter resolution shall take effect until sixty days after
24 its final publication. If within sixty days of its final publication a
25 petition signed by a number of electors of the county equal to not
26 less than ten percent of the number of electors who voted at the
27 last preceding regular county election shall be filed in the office of
28 the clerk of such county demanding that such ordinance be sub-
29 mitted to a vote of the electors, it shall not take effect until sub-
30 mitted to a referendum and approved by a majority of the electors
31 voting thereon. An election, if called, shall be called within thirty
32 days and held within ninety days after the filing of the petition. The
33 governing body shall pass a resolution calling the election and fixing
34 the date, which resolution shall be published once each week for
35 three consecutive weeks in the official county newspaper or, if there
36 is none, in a newspaper of general circulation in the county, and
37 the election shall be conducted as elections for officers and by the
38 officers handling such elections. The proposition shall be: "Shall
39 charter resolution No. ________, entitled (title of resolution) take
40 effect?" The governing body may submit any charter ordinance to
41 a referendum without petition by the same publication of the char-
42 ter resolution and the same publication of the resolution calling the
43 election as for resolutions upon petition and such charter ordinance

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1 shall then become effective when approved by a majority of the
2 electors voting thereon. Each charter resolution becoming effective
3 shall be recorded by the clerk in a book maintained for that purpose
4 with a statement of the manner of adoption and a certified copy
5 shall be filed with the secretary of state, who shall keep an index of
6 the same.
7 (4) Each charter resolution enacted shall control and prevail
8 over any prior or subsequent act of the governing body of the county
9 and may be repealed or amended only by charter resolution or by
10 enactments of the legislature applicable to all counties.
11 (d) Powers and authority granted counties pursuant to this sec-
12 tion shall be liberally construed for the purpose of giving to counties
13 the largest measure of self-government.
14 (e) This amendment shall be effective on and after July 1,
15 2001."
16 Sec. 2. The following statement shall be printed on the ballot with
17 the amendment as a whole:
18 "Explanatory statement. This amendment would empower counties
19 to determine their local affairs and government by permitting
20 them to elect to not have enactments of the legislature apply to
21 individual counties, other than enactments of statewide concern
22 applicable uniformly to all counties, other enactments applicable
23 uniformly to all counties and enactments prescribing limits of
24 indebtedness."
25 "A vote for this proposition would empower counties to determine
26 their local affairs and government by permitting them to elect to
27 not have enactments of the legislature apply to individual coun-
28 ties, other than enactments of statewide concern applicable uni-
29 formly to all counties, other enactments applicable uniformly to
30 all counties and enactments prescribing limits of indebtedness,
31 and any other areas that the legislature has or may subsequently
32 determine to limit the counties' ability to determine their local
33 affairs and government."
34 "A vote against this proposition would retain the present laws con-
35 cerning county home rule and other laws governing the opera-
36 tion of counties."
37 Sec. 3. This resolution, if approved by two-thirds of the members
38 elected (or appointed) and qualified to the Senate, and two-thirds of the
39 members elected (or appointed) and qualified to the House of Repre-
40 sentatives shall be entered on the journals, together with the yeas and
41 nays. The secretary of state shall cause this resolution to be published as
42 provided by law and shall cause the proposed amendment to be submitted
43 to the electors of the state at the general election in the year 2000 unless

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1 a special election is called at a sooner date by concurrent resolution of
2 the legislature, in which case it shall be submitted to the electors of the
3 state at the special election.
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