K.S.A.
19-101a
Chapter
19.--COUNTIES AND COUNTY OFFICERS
Article 1.--GENERAL PROVISIONS
19-101a. Home rule powers; limitations, restrictions and
prohibitions; procedure. [See Revisor's Note] (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 consolidate or alter county boundaries.
(3) Counties may not affect the courts located therein.
(4) Counties shall be subject to acts of the legislature
prescribing limits of indebtedness.
(5) 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government shall not be superseded or impaired without the consent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.
(6) 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.
(7) 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.
(8) 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.
(9) Counties may not exempt from or effect changes in statutes
made non-uniform in application solely by reason of authorizing
exceptions for counties having adopted a charter for county
government.
(10) 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.
(11) 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.
(12) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-4601 through 19-4625, and amendments
thereto.
(13) 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.
(14) Counties may not exempt from or effect changes in K.S.A.
19-430, and amendments thereto.
(15) 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.
(16) (A) Counties may not exempt from or effect changes in K.S.A.
13-13a26, and amendments thereto.
(B) This provision shall expire on June 30, 2005.
(17) (A) Counties may not exempt from or effect changes in K.S.A.
71-301a, and amendments thereto.
(B) This provision shall expire on June 30, 2005.
(18) 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.
(19) 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.
(20) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-211, and amendments thereto.
(21) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-4001 through 19-4015, and amendments
thereto.
(22) 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 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.
(23) Counties may not exempt from or effect changes in K.S.A.
79-41a04, and amendments thereto.
(24) Counties may not exempt from or effect changes in K.S.A.
79-1611, and amendments thereto.
(25) Counties may not exempt from or effect changes in K.S.A.
79-1494, and amendments thereto.
(26) Counties may not exempt from or effect changes in subsection
(b) of K.S.A. 19-202, and amendments thereto.
(27) Counties may not exempt from or effect changes in subsection
(b) of K.S.A. 19-204, and amendments thereto.
(28) 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.
(29) Counties may not exempt from or effect changes in K.S.A.
79-2017 or 79-2101, and amendments thereto.
(30) 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 or K.S.A. 1998 Supp. 17-5909[*], and
amendments thereto.
(31) Counties may not exempt from or effect changes in K.S.A. 2004
Supp. 80-121, and amendments thereto.
(32) Counties may not exempt from or effect changes in K.S.A.
19-228, and amendments thereto.
(33) Counties may not exempt from or effect changes in the
wireless enhanced 911 act or in the provisions of K.S.A. 12-5301
through 12-5308, and amendments thereto.
(34) Counties may not exempt from or effect changes in K.S.A. 2004
Supp. 26-601, and amendments thereto.
(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; July 1. |
