CHAPTER 26 HOUSE BILL No. 2429 An  Act concerning counties; relating to the establishment of a charter commission; relating
to the preparation and submission of charters; amending K.S.A. 19-2681, 19-2682, 19-
2684 and 19-2685 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 19-2681 is hereby amended to read as follows: 19-
2681. In every (a) The board of county commissioners of any county which
has been declared to be an urban area under the provisions of K.S.A. 19-
2654, there shall be established and amendments thereto, may establish
a charter commission for such county for the purpose of studying, pro-
posing, drafting or amending a charter for the government of such county.
The charter commission shall be established by resolution and shall be
appointed in the manner and have the powers and duties as hereinafter
provided.

      (b) A new charter commission shall not be established until four years
after the date of the establishment of a prior commission.

      Sec.  2. K.S.A. 19-2682 is hereby amended to read as follows: 19-
2682. Members of the charter commissions established under the pro-
visions of this act shall be appointed in the following manner: One (1)
shall be appointed by each of the county commissioners of the county;
one (1) shall be chosen by the central committee of each of the two (2)
political parties casting the highest number of votes for nominees for the
office of secretary of state at the last preceding primary election; one (1)
shall be appointed by the council of mayors of the incorporated cities
located in the county; and one (1) shall be appointed by each member of
the legislative delegation from such county (a) A charter commission es-
tablished pursuant to K.S.A. 19-2681, and amendments thereto, shall con-
sist of 25 members and shall be appointed as follows:

      (1)  (A) Three members shall be appointed by the members of the
senate of the state of Kansas who are residents of Johnson county; and

      (B) three members shall be appointed by the members of the house
of representatives of the state of Kansas who are residents of Johnson
county;

      Each member appointed pursuant to this subsection (1) shall reside in
a different senatorial district;

      (2) two members shall be appointed by the governing body of the
Johnson county republican central committee;

      (3) two members shall be appointed by the governing body of the
Johnson county democratic central committee;

      (4) eight members shall be appointed by the board of county com-
missioners. Of such members, one member shall be appointed from each
county commissioner district and the remaining shall represent the county
at large;

      (5) two members shall be appointed by the Johnson county chamber
presidents' council;

      (6) three members shall be appointed by the Johnson county members
of the Johnson and Wyandotte counties council of mayors. Such members
shall be mayors or their designees of cities located in Johnson county; and

      (7) two members shall be appointed by the Johnson county planning
commission. Such members shall be residents of the unincorporated area
of Johnson county.

      Such members shall be appointed within thirty (30) 21 days after the
effective date of this act adoption of the resolution establishing such com-
mission.

      No elected governmental official person holding an elective state or
county office shall serve on the charter commission. Any person who holds
the office of precinct committeeman or precinct committeewoman or
who holds any other elective office in any political party shall not be
considered to be an elected governmental official for the purposes of this
act.

      (b) Any vacancy on the commission shall be filled by the appointing
authority which made the original appointment.

      Sec.  3. K.S.A. 19-2684 is hereby amended to read as follows: 19-
2684. It shall be the duty of the charter commission to draft a proposed
charter for the government of the county and to submit the same to the
electors of the county for their approval or disapproval in the manner
hereinafter provided. Within thirty (30) 30 days following its organization,
and at any time thereafter that it shall deem the commission deems nec-
essary, the commission shall hold a public hearing one or more public
hearings for the purpose of receiving information and materials which
will aid in the drafting of such charter. Within six (6) months after organ-
ization, the commission shall submit a preliminary report to the board of
county commissioners of the county, which shall include the text of the
proposed charter. Sufficient copies of the report shall be made available
for distribution to each voter who requests one members of the public.
The charter commission shall hold at least one public hearing to obtain
citizen views concerning the preliminary report. Within eighteen (18) 12
months following its organization, the commission shall submit its final
report to the board of county commissioners. The final report shall in-
clude the full text and an explanation of the proposed charter, any com-
ments deemed desirable by the commission, a written opinion by an at-
torney admitted to practice law in the state of Kansas and retained by the
commission for such purpose that the proposed charter is not in conflict
with the constitution and general laws of the state, and any minority re-
ports not exceeding one thousand (1,000) words and any minority reports.
Nothing in the proposed charter shall be construed to limit or restrict the
power of the legislature to enact general laws which relate to counties.
Such final report shall be available to members of the public upon re-
quest. The commission shall continue in existence at least thirty (30) days
Following the submission of its final report for the purpose of winding
up the commission shall continue in existence for a period of time neces-
sary for the conclusion of its affairs.

      Sec.  4. K.S.A. 19-2685 is hereby amended to read as follows: 19-
2685. The proposed charter shall be submitted by the charter commission
to the board of county commissioners and the board of county commis-
sioners shall submit the proposed charter to the electors of the county at
the general election next following submission of the final report in which
all qualified electors of the county are eligible to vote. In submitting such
proposed charter to the board of county commissioners, the charter com-
mission may submit alternative sections or articles to the board of county
commissioners, which. Any alternative sections or articles shall be sub-
mitted by the board of county commissioners for approval or rejection by
the electors. Any section or article of a proposed charter which affects
the size or structure of the board of county commissioners may be sub-
mitted at the same election at which the proposed charter is submitted
but shall be submitted as a separate question on the ballot. An affirmative
vote of a majority of the qualified electors voting on the question shall be
required for the adoption of such charter. 
Sec.  5. K.S.A. 19-2681, 19-2682, 19-2684 and 19-2685 are hereby
repealed.
 Sec.  6. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved March 25, 1999.
 Published in the Kansas Register April 1, 1999.
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