19-101b. Same; charter resolutions; exemption of county from acts of legislature; procedure; election.
19-101b
19-101b. Same; charter resolutions; exemption of county from acts
of legislature; procedure; election.
(a) Any county, by charter resolution, may elect in the manner prescribed
in this section that the whole or any part of any act of the legislature
applying to such county other than those acts concerned with those
limitations, restrictions or prohibitions set forth in subsection (a) of
K.S.A. 19-101a, and amendments thereto, shall not apply to such county.
(b) A charter resolution is a resolution which exempts a county from
the whole or any part of an act of the legislature and which may provide
substitute and additional provisions on the same subject. Such charter
resolution shall be so titled, shall designate specifically the act of
the legislature or part thereof made inapplicable to such county by the
passage of the resolution and shall contain any substitute and
additional provisions. Such charter resolution shall require the
unanimous vote of all board members unless the board determines prior to
passage it is to be submitted to a referendum in the manner hereinafter
provided, in which event such resolution shall require a 2/3 vote of
the board. In counties with five or seven county
commissioners, such charter resolution shall require a 2/3 vote of all
board members unless the board determines prior to passage it is to be
submitted to a referendum in the manner hereinafter provided, in which
event such resolution shall require a majority vote of the board. Every charter
resolution shall be published
once each week for two consecutive weeks in the official county
newspaper. A charter resolution shall take effect 60 days after
final publication unless it is submitted to a referendum in which event
it shall take effect when approved by a majority of the electors voting
thereon.
(c) If within 60 days of the final publication of a charter
resolution, a petition signed by a number of electors of a county equal
to not less than 2% of the number of electors who voted at
the last preceding November general election or 100
electors, whichever is the greater, shall be filed in the office of the
county election officer demanding that such resolution be submitted to a
vote of the electors, it shall not take effect until submitted to a
referendum and approved by the electors. An election if called, shall be
called within 30 days and held within
90 days after
the filing of the petition. The board, by resolution, shall call the
election and fix the date. Such resolution shall be published once each
week for three consecutive weeks in the official county newspaper,
and the election shall be conducted in the same manner as are elections
for officers of such county. The proposition shall be: "Shall charter
resolution No. ______, entitled (title of resolution) take effect?" The
board may submit any charter resolution to a referendum without petition
in the same manner as charter resolutions are submitted upon petition,
except elections shall be called within 30 days and held within 90
days after the first publication of the charter resolution.
Each charter resolution which becomes effective shall be recorded by the
county election officer in a book maintained for that purpose with a
statement of the manner of adoption, and a certified copy shall be filed
with the secretary of state, who shall keep an index of the same.
(d) Each charter resolution passed shall control and prevail over
any prior or subsequent act of the board and may be repealed or amended
only by charter resolution or by an act of the legislature uniformly
applicable to all counties.
History: L. 1974, ch. 110, § 3;
L. 1987, ch. 100, § 1; July 1.