CHAPTER 135
HOUSE BILL No. 2515
An Act concerning municipalities; relating to convention and
tourism committees; con-
cerning franchise agreements between telecommunications providers
and municipali-
ties; relating to access by telecommunications providers to public
rights-of-ways; amend-
ing K.S.A. 12-1695 and 12-16,101 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-1695 is hereby
amended to read as follows: 12-
1695. The governing body of any city or county which levies a
transient
guest tax pursuant to this act shall may
establish a convention and tourism
committee to make recommendations concerning the programs and
ex-
penditures for promotion of conventions and tourism.
Such If the gov-
erning body decides to appoint a convention and tourism
committee, the
governing body shall appoint ten (10) 10
members to such committee, a
majority of which shall be representatives of businesses coming
within
the terms of this act. In appointing such members, the governing
body
shall attempt to create a representative balance of large and small
busi-
nesses and businesses from the various geographic areas of such
city or
county. The governing body shall provide, by resolution, for the
appoint-
ments and terms of service not to method of
appointment and the length
of term of members. The length of term shall not exceed four
(4) years for
such members. The governing body
adopting levying such tax shall have
the authority to contract for convention and tourism programs to be
im-
plemented.
Sec. 2. K.S.A. 12-16,101 is hereby
amended to read as follows: 12-
16,101. The governing body of any city or county which levies a
transient
guest tax pursuant to this act shall may
establish a convention and tourism
committee to make recommendations concerning the programs and
ex-
penditures for promotion of conventions and tourism.
Such If the gov-
erning body decides to appoint a convention and tourism
committee, the
board of county commissioners or city governing body shall appoint
ten
(10) 10 members to such committee, a
majority of which shall be rep-
resentatives of businesses coming within the terms of this act. In
appoint-
ing such members, the board of county commissioners or city
governing
body shall attempt to create a representative balance of large and
small
businesses and businesses from the various geographic areas of
such
county. The board of county commissioners or city governing body
shall
provide, by resolution, for the appointments and terms of
service method
of appointment and the length of the term of members. The length
of term
shall not to exceed four
(4) years for such members. The
board of county
commissioners or city governing body adopting
levying such tax shall have
the authority to contract for convention and tourism programs to be
im-
plemented.
New Sec. 3. Prior to July 1, 2002,
all municipalities in the state of
Kansas shall refrain from enacting or enforcing any franchise or
right-of-
way ordinances or agreements pursuant to chapters 12 and 17 of
the
Kansas Statutes Annotated, home rule powers, or any other
authority,
that substantially modify the relationship between
telecommunications
providers and municipalities as those relationships existed on
January 1,
2001, except that municipalities may reach franchise or
right-of-way or-
dinances or agreements with new telecommunications providers on
terms
and conditions consistent with the original provisions of
ordinances or
agreements between municipalities and other telecommunications
pro-
viders in existence prior to December 31, 2000. Subsequent to the
effec-
tive date of this act, representatives of municipalities and
telecommuni-
cations providers shall confer and shall provide to the joint
committee on
economic development at least three progress reports of their
discussions
prior to December 31, 2001.
Sec. 4. K.S.A. 12-1695 and 12-16,101 are hereby
repealed.
Sec. 5. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 19, 2001.
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