12-343.   Same; commission, powers and duties; studies and investigations;consolidation plan, submission to legislature, voter approval.(a) The commission shall prepare and adopt a plan addressingtheconsolidation of the city and county or certain city and county offices,functions, services and operations. The commission shall conduct such studiesand investigationsasit deems appropriate to complete its work. Such studies and investigationsshall include, but not be limited to:

      (1)   Studies of the efficiency and effectiveness of the administrativeoperations of the city and county.

      (2)   Studies of the costs and benefits of consolidating the city and countyor certain city and county offices, functions, services and operations.

      (b)   The commission shall hold public hearings for the purpose of receivinginformation and materials which will aid in the drafting of the plan.

      (c)   For the purposes of performing its studies and investigations, thecommission or its executive director may administer oaths and affirmations,subpoena witnesses, compel their attendance, take evidence, require theproduction of any books, papers, correspondence, memoranda, agreements or otherdocuments or records which the commission or executive director deems relevantor material to its studies and investigation.

      (d)   On or before November 29, 1996, the commission shall prepare and adopt apreliminary plan addressing the consolidation of the city and county or certaincity and county offices, functions, services and operations it deemsadvisable. Copies of the preliminary plan shall be filed with the countyelection officer, city clerk and each public library within the county andshall be available to members of the public for inspection upon request. Thecommission shall hold at least one public hearing to obtain citizen viewsconcerning the preliminary plan. Notice of such hearing or hearings shall bepublished atleast once in a newspaper of general circulation within the county. Followingthe public hearings on thepreliminary plan, the commission may adopt, or modify and adopt, thepreliminary plan as the final plan.

      (e)   On or before January 13, 1997, the commission shall submit its finalplan to the governor and legislature. The final plan shall include the fulltext and an explanation of the proposed plan, and comments deemed desirable bythe commission, a written opinion by an attorney admitted to practice law inthe state of Kansas and retained by the executive director for such purposethat the proposed plan is not in conflict with the constitution or thelaws of thestate, and any minority reports. Copies of the final plan shall be filed withthe county election officer, city clerk and each public library within thecounty and shall be available to members of the public for inspection uponrequest. The commission shall continue in existence at least 90 days followingthe submission of the final plan pursuant to this subsection.

      (f)   Unless the legislature, by concurrent resolution adopted on or beforeFebruary 12, 1997, the 30th day of the 1997 regular session, rejects such plan,the plan shall be submitted to the qualified electors of the county at theschool district general election on April 1, 1997. Such election shall becalled and held by the county election officer in the manner provided by thegeneral bond law. A summary of the final plan shall be prepared by thecommission and shall be published once each week for two consecutive weeks ina newspaper of general circulation within the county. If a majority of theelectors voting on the planvote in favor thereof, the consolidation plan shall be implemented in themanner provided by the plan. If a majority of the electors vote againstsuch plan, the proposed consolidation plan shall not be implemented.

      If the commission submits a final plan which does not recommend theconsolidation of the city and county or certain city and county offices,functions, services and operations, the provisions of this subsection shall notapply.

      History:   L. 1996, ch. 11, § 4; Feb. 29.