19-101a. Home rule powers; limitations, restrictions and prohibitions; procedure.
19-101a
19-101a. Home rule powers; limitations, restrictions
and prohibitions; procedure.
(a) The board of county commissioners may transact all county business and
perform all powers of local legislation and administration it deems
appropriate, subject only to the following limitations, restrictions
or prohibitions:
(1) Counties shall be subject to all acts of the legislature which apply
uniformly to all counties.
(2) Counties may not affect the courts located therein.
(3) Counties shall be subject to acts of the legislature
prescribing limits
of indebtedness.
(4) In the exercise of powers of local legislation and
administration
authorized under provisions of this section, the home rule power conferred on
cities to determine their local affairs and government shall not be superseded
or impaired without the consent of the governing body of each city within a
county which may be affected.
(5) Counties may not legislate on social welfare
administered under state law
enacted pursuant to or in conformity with public law No. 271--74th
congress, or amendments thereof.
(6) Counties shall be subject to all acts of the
legislature concerning
elections, election commissioners and officers and their duties as such
officers and the election of county officers.
(7) Counties shall be subject to the limitations and
prohibitions imposed
under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto, prescribing
limitations upon the levy of retailers' sales taxes by counties.
(8) Counties may not exempt from or effect changes in
statutes made
nonuniform in application solely by reason of authorizing exceptions for
counties having adopted a charter for county government.
(9) No county may levy ad valorem taxes under the
authority of this section
upon real property located within any redevelopment project area established
under the authority of K.S.A. 12-1772, and amendments thereto, unless the
resolution authorizing the same specifically authorized a portion of the
proceeds of such levy to be used to pay the principal of and interest upon
bonds 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 to
exempt from any
statute authorizing or requiring the levy of taxes and providing substitute
and additional provisions on the same subject, unless the resolution
authorizing the same specifically provides for a portion of the proceeds of
such levy to be used to pay a portion of the principal and interest on bonds
issued by cities under the authority of K.S.A. 12-1774, and amendments thereto.
(11) Counties may not exempt from or effect changes in the
provisions of
K.S.A. 19-4601 through 19-4625, and amendments thereto.
(12) Except as otherwise specifically authorized by K.S.A.
12-1,101 through
12-1,109, and amendments thereto, counties may not levy and collect taxes on
incomes from whatever source derived.
(13) Counties may not exempt from or effect changes in
K.S.A. 19-430,
and amendments thereto.
(14) Counties may not exempt from or effect changes in
K.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 in
K.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 the
provisions
of 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 through
12-1270 and 12-1276, and amendments thereto.
(17) Counties may not exempt from or effect changes in the
provisions
of K.S.A. 19-211, and amendments thereto.
(18) Counties may not exempt from or effect changes in the
provisions of
K.S.A. 19-4001 through 19-4015, and amendments thereto.
(19) Counties may not regulate the production or drilling
of any oil
or gas well in any manner which would result in the duplication of
regulation by the state corporation commission and the Kansas department of
health and environment pursuant to chapter 55 and chapter 65 of the Kansas
Statutes Annotated, and amendments thereto, and any rules and
regulations adopted pursuant thereto.
Counties may not require any license or permit for the drilling or
production of oil and gas wells. Counties may not impose any fee or charge
for the drilling or production of any oil or gas well.
(20) Counties may not exempt from or effect changes in
K.S.A. 79-41a04, and amendments thereto.
(21) Counties may not exempt from or effect changes in
K.S.A. 79-1611, and amendments thereto.
(22) Counties may not exempt from or effect changes in
K.S.A. 79-1494, and amendments thereto.
(23) Counties may not exempt from or effect changes in
subsection (b) of
K.S.A. 19-202, and amendments thereto.
(24) Counties may not exempt from or effect changes in
subsection (b) of
K.S.A. 19-204, and amendments thereto.
(25) Counties may not levy or impose an excise, severance
or any other tax
in the nature of an excise tax upon the physical severance and production of
any mineral or other material from the earth or water.
(26) Counties may not exempt from or effect changes in
K.S.A. 79-2017 or
79-2101, and amendments thereto.
(27) Counties may not exempt from or effect changes in
K.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 through
65-3028,
and amendments thereto.
(28) Counties may not exempt from or effect changes in
K.S.A. 2009 Supp.
80-121, and amendments thereto.
(29) Counties may not exempt from or effect changes in
K.S.A. 19-228, and amendments thereto.
(30) Counties may not exempt from or effect changes in the
wireless
enhanced 911 act, in the VoIP enhanced 911 act or in the provisions of
K.S.A. 12-5301 through 12-5308, and
amendments thereto.
(31) Counties may not exempt from or effect changes in
K.S.A. 2009 Supp.
26-601, and amendments thereto.
(32) (A) Counties may
not exempt from
or effect changes in the Kansas
liquor
control act
except as provided by paragraph (B).
(B) Counties may adopt resolutions
which
are
not in conflict with the
Kansas liquor control act.
(33) (A) Counties may
not exempt from or
effect changes in the Kansas
cereal malt
beverage act except as provided by paragraph (B).
(B) Counties may adopt resolutions
which
are
not in conflict with the Kansas
cereal malt beverage act.
(34) Counties may not exempt from or effect changes in the Kansas lottery
act.
(35) Counties may not exempt from or effect changes in the Kansas expanded
lottery act.
(36) Counties may neither exempt from nor effect changes to the eminent
domain 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 the
limitations and
prohibitions
imposed under K.S.A. 19-5001 through 19-5005, and amendments thereto.
(38) Except as otherwise specifically authorized by K.S.A. 19-5001 through
19-5005, and
amendments thereto, counties may not exercise any authority granted pursuant to
K.S.A. 19-5001 through 19-5005, and amendments thereto, including the
imposition or levy
of any retailers' sales tax.
(b) Counties shall apply the powers of local legislation granted in
subsection (a) by resolution of the board of county commissioners. If no
statutory authority exists for such local legislation other than that set forth
in subsection (a) and the local legislation proposed under the authority of
such subsection is not contrary to any act of the legislature, such local
legislation shall become effective upon passage of a resolution of the board
and publication in the official county newspaper. If the legislation proposed
by the board under authority of subsection (a) is contrary to an act of the
legislature which is applicable to the particular county but not uniformly
applicable to all counties, such legislation shall become effective by passage
of a charter resolution in the manner provided in K.S.A. 19-101b, and
amendments thereto.
(c) Any resolution adopted by a county which conflicts with the restrictions
in 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.