19-101a.   Home rule powers; limitations, restrictionsand prohibitions; procedure.(a) The board of county commissioners may transact all county business andperform all powers of local legislation and administration it deemsappropriate, subject only to the following limitations, restrictionsor prohibitions:

      (1)   Counties shall be subject to all acts of the legislature which applyuniformly to all counties.

      (2)   Counties may not affect the courts located therein.

      (3)   Counties shall be subject to acts of the legislatureprescribing limitsof indebtedness.

      (4)   In the exercise of powers of local legislation andadministrationauthorized under provisions of this section, the home rule power conferred oncities to determine their local affairs and government shall not be supersededor impaired without the consent of the governing body of each city within acounty which may be affected.

      (5)   Counties may not legislate on social welfareadministered under state lawenacted pursuant to or in conformity with public law No. 271--74thcongress, or amendments thereof.

      (6)   Counties shall be subject to all acts of thelegislature concerningelections, election commissioners and officers and their duties as suchofficers and the election of county officers.

      (7)   Counties shall be subject to the limitations andprohibitions imposedunder K.S.A. 12-187 to 12-195, inclusive, and amendments thereto, prescribinglimitations upon the levy of retailers' sales taxes by counties.

      (8)   Counties may not exempt from or effect changes instatutes madenonuniform in application solely by reason of authorizing exceptions forcounties having adopted a charter for county government.

      (9)   No county may levy ad valorem taxes under theauthority of this sectionupon real property located within any redevelopment project area establishedunder the authority of K.S.A. 12-1772, and amendments thereto, unless theresolution authorizing the same specifically authorized a portion of theproceeds of such levy to be used to pay the principal of and interest uponbonds issued by a city under the authority of K.S.A. 12-1774,and amendments thereto.

      (10)   Counties shall have no power under this section toexempt from anystatute authorizing or requiring the levy of taxes and providing substituteand additional provisions on the same subject, unless the resolutionauthorizing the same specifically provides for a portion of the proceeds ofsuch levy to be used to pay a portion of the principal and interest on bondsissued by cities under the authority of K.S.A. 12-1774, and amendments thereto.

      (11)   Counties may not exempt from or effect changes in theprovisions ofK.S.A. 19-4601 through 19-4625, and amendments thereto.

      (12)   Except as otherwise specifically authorized by K.S.A.12-1,101 through12-1,109, and amendments thereto, counties may not levy and collect taxes onincomes from whatever source derived.

      (13)   Counties may not exempt from or effect changes inK.S.A. 19-430,and amendments thereto.

      (14)   Counties may not exempt from or effect changes inK.S.A. 19-302,19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.

      (15)   Counties may not exempt from or effect changes inK.S.A. 19-15,139, 19-15,140 and 19-15,141, and amendments thereto.

      (16)   Counties may not exempt from or effect changes in theprovisionsof K.S.A. 12-1223, 12-1225, 12-1225a,12-1225b, 12-1225c and 12-1226,and amendments thereto, or the provisions of K.S.A. 12-1260 through12-1270 and 12-1276, and amendments thereto.

      (17)   Counties may not exempt from or effect changes in theprovisionsof K.S.A. 19-211, and amendments thereto.

      (18)   Counties may not exempt from or effect changes in theprovisions ofK.S.A. 19-4001 through 19-4015, and amendments thereto.

      (19)   Counties may not regulate the production or drillingof any oilor gas well in any manner which would result in the duplication ofregulation by the state corporation commission and the Kansas department ofhealth and environment pursuant to chapter 55 and chapter 65 of the KansasStatutes Annotated, and amendments thereto, and any rules andregulations adopted pursuant thereto.Counties may not require any license or permit for the drilling orproduction of oil and gas wells. Counties may not impose any fee or chargefor the drilling or production of any oil or gas well.

      (20)   Counties may not exempt from or effect changes inK.S.A. 79-41a04, and amendments thereto.

      (21)   Counties may not exempt from or effect changes inK.S.A. 79-1611, and amendments thereto.

      (22)   Counties may not exempt from or effect changes inK.S.A. 79-1494, and amendments thereto.

      (23)   Counties may not exempt from or effect changes insubsection (b) ofK.S.A. 19-202, and amendments thereto.

      (24)   Counties may not exempt from or effect changes insubsection (b) ofK.S.A. 19-204, and amendments thereto.

      (25)   Counties may not levy or impose an excise, severanceor any other taxin the nature of an excise tax upon the physical severance and production ofany mineral or other material from the earth or water.

      (26)   Counties may not exempt from or effect changes inK.S.A. 79-2017 or79-2101, and amendments thereto.

      (27)   Counties may not exempt from or effect changes inK.S.A. 2-3302, 2-3305,2-3307, 2-3318, 17-5904, 17-5908, 47-1219, 65-171d,65-1,178 through 65-1,199,65-3001 through65-3028,and amendments thereto.

      (28)   Counties may not exempt from or effect changes inK.S.A. 2009 Supp.80-121, and amendments thereto.

      (29)   Counties may not exempt from or effect changes inK.S.A. 19-228, and amendments thereto.

      (30)   Counties may not exempt from or effect changes in thewirelessenhanced 911 act, in the VoIP enhanced 911 act or in the provisions ofK.S.A. 12-5301 through 12-5308, andamendments thereto.

      (31)   Counties may not exempt from or effect changes inK.S.A. 2009 Supp.26-601, and amendments thereto.

      (32) (A)   Counties maynot exempt fromor effect changes in the Kansasliquorcontrol actexcept as provided by paragraph (B).

      (B)   Counties may adopt resolutionswhicharenot in conflict with theKansas liquor control act.

      (33) (A)   Counties maynot exempt from oreffect changes in the Kansascereal maltbeverage act except as provided by paragraph (B).

      (B)   Counties may adopt resolutionswhicharenot in conflict with the Kansascereal malt beverage act.

      (34)   Counties may not exempt from or effect changes in the Kansas lotteryact.

      (35)   Counties may not exempt from or effect changes in the Kansas expandedlottery act.

      (36)   Counties may neither exempt from nor effect changes to the eminentdomain procedure act.

      (37)   Any county granted authority pursuant to the provisions of K.S.A.19-5001 through 19-5005, and amendments thereto, shall be subject to thelimitations andprohibitionsimposed under K.S.A. 19-5001 through 19-5005, and amendments thereto.

      (38)   Except as otherwise specifically authorized by K.S.A. 19-5001 through19-5005, andamendments thereto, counties may not exercise any authority granted pursuant toK.S.A. 19-5001 through 19-5005, and amendments thereto, including theimposition or levyof any retailers' sales tax.

      (b)   Counties shall apply the powers of local legislation granted insubsection (a) by resolution of the board of county commissioners. If nostatutory authority exists for such local legislation other than that set forthin subsection (a) and the local legislation proposed under the authority ofsuch subsection is not contrary to any act of the legislature, such locallegislation shall become effective upon passage of a resolution of the boardand publication in the official county newspaper. If the legislation proposedby the board under authority of subsection (a) is contrary to an act of thelegislature which is applicable to the particular county but not uniformlyapplicable to all counties, such legislation shall become effective by passageof a charter resolution in the manner provided in K.S.A. 19-101b, andamendments thereto.

      (c)   Any resolution adopted by a county which conflicts with the restrictionsin subsection (a) is null and void.

      History:   L. 1974, ch. 110, § 2;L. 1975, ch. 152, § 1;L. 1976, ch. 121, § 1;L. 1978, ch. 56, § 10;L. 1979, ch. 52, § 9;L. 1980, ch. 84, § 3;L. 1980, ch. 85, § 1;L. 1982, ch. 114, § 1;L. 1982, ch. 63, § 11;L. 1982, ch. 115, § 1;L. 1983, ch. 91, § 1;L. 1983, ch. 92, § 1;L. 1984, ch. 97, § 1;L. 1984, ch. 98, § 27;L. 1984, ch. 69, § 8;L. 1984, ch. 69, § 9;L. 1985, ch. 208, § 1;L. 1985, ch. 95, § 2;L. 1986, ch. 98, § 4;L. 1986, ch. 203, § 1;L. 1990, ch. 89, § 3;L. 1990, ch. 358, § 2;L. 1992, ch. 133, § 13;L. 1993, ch. 95, § 1;L. 1994, ch. 109, § 1;L. 1996, ch. 68, § 2;L. 1998, ch. 188, § 10;L. 1999, ch. 146, § 4;L. 2000, ch. 159, § 2;L. 2001, ch. 103, § 14;L. 2001, ch. 211, § 3;L. 2002, ch. 108, § 9;L. 2003, ch. 35, § 9;L. 2004, ch. 72, § 20;L. 2004, ch. 180, § 4;L. 2005, ch. 186, § 8;L. 2005, ch. 201, § 1;L. 2006, ch. 207, § 4;L. 2007, ch. 110, § 57;L. 2009, ch. 141, § 41; May 28.