19-101b.   Same; charter resolutions; exemption of county from actsof legislature; procedure; election.(a) Any county, by charter resolution, may elect in the manner prescribedin this section that the whole or any part of any act of the legislatureapplying to such county other than those acts concerned with thoselimitations, restrictions or prohibitions set forth in subsection (a) ofK.S.A. 19-101a, and amendments thereto, shall not apply to such county.

      (b)   A charter resolution is a resolution which exempts a county fromthe whole or any part of an act of the legislature and which may providesubstitute and additional provisions on the same subject. Such charterresolution shall be so titled, shall designate specifically the act ofthe legislature or part thereof made inapplicable to such county by thepassage of the resolution and shall contain any substitute andadditional provisions. Such charter resolution shall require theunanimous vote of all board members unless the board determines prior topassage it is to be submitted to a referendum in the manner hereinafterprovided, in which event such resolution shall require a 2/3 vote ofthe board. In counties with five or seven countycommissioners, such charter resolution shall require a 2/3 vote of allboard members unless the board determines prior to passage it is to besubmitted to a referendum in the manner hereinafter provided, in whichevent such resolution shall require a majority vote of the board. Every charterresolution shall be publishedonce each week for two consecutive weeks in the official countynewspaper. A charter resolution shall take effect 60 days afterfinal publication unless it is submitted to a referendum in which eventit shall take effect when approved by a majority of the electors votingthereon.

      (c)   If within 60 days of the final publication of a charterresolution, a petition signed by a number of electors of a county equalto not less than 2% of the number of electors who voted atthe last preceding November general election or 100electors, whichever is the greater, shall be filed in the office of thecounty election officer demanding that such resolution be submitted to avote of the electors, it shall not take effect until submitted to areferendum and approved by the electors. An election if called, shall becalled within 30 days and held within90 days afterthe filing of the petition. The board, by resolution, shall call theelection and fix the date. Such resolution shall be published once eachweek for three consecutive weeks in the official county newspaper,and the election shall be conducted in the same manner as are electionsfor officers of such county. The proposition shall be: "Shall charterresolution No. ______, entitled (title of resolution) take effect?" Theboard may submit any charter resolution to a referendum without petitionin the same manner as charter resolutions are submitted upon petition,except elections shall be called within 30 days and held within 90days after the first publication of the charter resolution.Each charter resolution which becomes effective shall be recorded by thecounty election officer in a book maintained for that purpose with astatement of the manner of adoption, and a certified copy shall be filedwith the secretary of state, who shall keep an index of the same.

      (d)   Each charter resolution passed shall control and prevail overany prior or subsequent act of the board and may be repealed or amendedonly by charter resolution or by an act of the legislature uniformlyapplicable to all counties.

      History:   L. 1974, ch. 110, § 3;L. 1987, ch. 100, § 1; July 1.