12-16,121.   Paving material's provided by cities andcounties; limitations.(a) As used in this section and K.S.A. 12-16,122, and amendments thereto:

      (1)   "City" means any city.

      (2)   "County" means any county.

      (3)   "Governing body" means the governing body of any city and the board ofcounty commissioners of any county.

      (4)   "Paving material" means crushed rock, asphalt, gravel, aggregate sand orother materials used to pave roads, streets and drives.

      (b)   Except as provided in subsection (c), the governing body of any city orcounty shall not sell or otherwiseprovide paving material to anyprivateperson or private entity.

      (c)   The provisions of subsection (b) shall not apply if the governing bodyhas:

      (1)   Made a determination that such paving materials are not readily availablefrom a nongovernmental entity; or

      (2)   adopted a resolution declaring the existence of a disaster, emergency orthe threat of disaster or emergency.

      History:   L. 2001, ch. 111, § 1; July 1.