reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1673 Work performed by city upon failure to perform duties imposed by law or ordinance; costs, how collected; limitation on actions.

12-1673.
Work performed by city upon failure to perform duties imposed by law or ordinance; costs, how collected; limitation on actions.
(a) The governing body of any city located in a county designated an urban area as authorized by the Kansas constitution, in addition to any other authority provided by law, may provide for and charge all or any part of the cost of any work performed by the city which is deemed necessary as a result of the failure of any person to perform any work which has been made his or her duty to perform by law or ordinance.
(b) Such service assessment shall be made by ordinance which may be adopted not less than sixty (60) days after a written statement of the costs has been given the owner or other persons. Prior to the adoption of the ordinance the charge may be paid without interest to the city treasurer. All such moneys shall be credited as a reimbursable item to the fund created by K.S.A. 12-1674 from which the cost of such services by the city are paid or payable.
(c) Any service assessment may be paid in one (1) installment or, if the governing body deems it advisable, over a period of not to exceed five (5) years in equal annual installments.
(d) The governing body may let any of the aforesaid service work to contract or order the work to be done by its own personnel.
(e) All unpaid service assessments shall be certified by the city clerk to the county clerk with interest on the unpaid installments at a rate fixed by the governing body of the city, which shall not exceed ten percent (10%) per annum.
(f) No suit to set aside any service assessment shall be brought after the expiration of thirty (30) days from the publication of the ordinance fixing said assessments.
History:
L. 1968, ch. 407, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1674 Same; special services fund; use; no-fund warrants.

12-1674.
Same; special services fund; use; no-fund warrants.
Any such city which has or proposes to provide services and to charge costs of the work in connection therewith under the authority of this act may by ordinance establish a "special services fund" in the city treasury. Said fund shall be used to pay the initial costs of improvements when ordered by the governing body and shall be reimbursed as hereinafter provided. Such fund need not be budgeted for expenditures during any year but the amount thereof shall be stated in the published budget of expenditures. To provide initial moneys for such fund, the city governing body may issue no-fund warrants in such amount as deemed necessary by the governing body of the city to pay any debts incurred in performing services until such revolving fund receives sufficient moneys from tax collections and from persons for whom services were performed to operate independently from such no-fund warrant revenue. Such no-fund warrants shall be issued and be registered as provided by K.S.A. 79-2940 and bear interest at not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009 until paid. It shall be sufficient that the warrants recite that they are issued by the governing body and by virtue of this act. Such warrants shall be paid and redeemed by the county treasurer.
Said fund shall be used to pay for the costs of all work performed as directed by the city as a result of failure of persons to perform duties prescribed by law or ordinance. All collections from persons for such services, including all collections of special service assessments shall be placed in such fund and thereafter used to provide the services authorized and provided for in this act.
History: L. 1968, ch. 407, § 2; L. 1970, ch. 64, § 15; March 21.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1674a Service fees and charges; certain cities prohibited from imposing upon persons not receiving service.

12-1674a.
Service fees and charges; certain cities prohibited from imposing upon persons not receiving service.
In all counties with population of not less than one hundred seventy-five thousand (175,000) and not more than two hundred fifteen thousand (215,000) no city shall make any fee or charge howsoever designated, for any service provided by said city to residents thereof, unless the person or property charged for or paying such fee shall be a user of or required by law to use such service, and, in no event shall such fee or charge be unreasonable or disproportionate to the service provided.
History:
L. 1972, ch. 46, § 1; L. 1973, ch. 62, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1675a Definitions.

12-1675a.
Definitions.
As used in K.S.A. 12-1675, 12-1676, 12-1677, 12-1677a and 12-1677b, and amendments thereto:
(a) "Bank" means any bank incorporated under the laws of this state or any other state, or organized under the laws of the United States which has a main or branch office in this state;
(b) "savings and loan association" means any savings and loan association incorporated under the laws of this state or any other state, or organized under the laws of the United States and which has a main or branch office in this state;
(c) "savings bank" means any savings bank organized under the laws of the United States and which has a main or branch office in this state;
(d) "municipality" includes each investing governmental unit under K.S.A. 12-1675, and amendments thereto;
(e) "main office" means the place of business specified in the articles of association, certificate of authority or similar document, where the business of the institution is carried on and which is not a branch;
(f) "branch" means any office within this state, other than the main office, that is approved by a federal or state supervisory agency at which deposits are received, checks paid or money lent. Branch does not include an automated teller machine, remote service unit or similar device or a loan production office; and
(g) "investment rate" means a rate which is the equivalent yield for United States government securities having a maturity date as published in the Wall Street Journal, nearest the maturity date for equivalent maturities. The 0-90 day rate shall be computed on the average effective federal funds rate as published by the federal reserve system for the previous week.
History:
L. 1997, ch. 180, § 13; L. 2006, ch. 57, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1676 Inapplicability of act to certain moneys; rates.

12-1676.
Inapplicability of act to certain moneys; rates.
Except as otherwise provided in K.S.A. 12-1678a, and amendments thereto, the provisions of this act authorizing the investment of moneys shall not apply to moneys collected or received by a county for apportionment, credit or distribution to the state or any political subdivision thereof. Interest paid by eligible banks, savings and loan associations and savings banks on time deposit, open accounts, time certificates of deposit and certificates of deposit of investing governmental units shall be at rates agreed upon by the governmental units and the eligible banks, savings and loan associations or savings banks.
History: L. 1968, ch. 217, § 2; L. 1973, ch. 63, § 7; L. 1973, ch. 64, § 1; L. 1974, ch. 394, § 2; L. 1975, ch. 68, § 2; L. 1976, ch. 79, § 3; L. 1982, ch. 52, § 7; L. 1983, ch. 47, § 8; L. 1986, ch. 76, § 8; L. 1989, ch. 48, § 67; L. 1997, ch. 180, § 15; May 29.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1677 Investment of public moneys by governmental entities, units and subdivisions; use of income; records; quarterly report.

12-1677. Investment of public moneys by governmental entities, units and subdivisions; use of income; records; quarterly report.
(a) Except as otherwise required by state or federal law, all moneys earned and collected from investments by counties, area vocational-technical schools and quasi-municipal corporations authorized in this act shall be credited to the general fund of such county, area vocational-technical school or quasi-municipal corporation by the treasurer thereof, and all moneys earned and collected from investments by school districts authorized in this act shall be credited in accordance with the provisions of K.S.A. 72-5166, and amendments thereto.
(b) The treasurer of each county, school district, area vocational-technical school or quasi-municipal corporation shall maintain a complete record of all investments authorized in this act and shall make a quarterly written report of such record to the governing body of such county, school district, area vocational-technical school or quasi-municipal corporation.
History:
L. 1968, ch. 217, § 3; L. 1969, ch. 80, § 2; L. 1973, ch. 63, § 8; L. 1975, ch. 68, § 3; L. 1992, ch. 280, § 50; L. 2015, ch. 4, § 24; L. 2017, ch. 95, § 54; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1677d Municipally established foundations; investment of funds.

12-1677d.
Municipally established foundations; investment of funds.
(a) As used in this act:
(1) "Municipality" means any city, county or other political or taxing subdivision of the state.
(2) "Foundation" means any not for profit charitable or eleemosynary corporation established by a municipality which has been in existence at least 15 years. Any such foundation is hereby deemed to be a public body.
(b) The board of directors of any foundation shall invest the funds held by such foundation which are not required immediately for the purposes of the foundation in the manner provided by this section:
(1) Any funds in an amount equal to 110% of the average annual expenses of the foundation for the next preceding five years may be invested in the manner provided by K.S.A. 12-1675, and amendments thereto. If funds in the amount required by this paragraph are available from the municipality which established the foundation, the foundation may invest all of its funds in the manner provided in paragraph (2).
(2) Any funds exceeding the amount described in paragraph (1) may be invested in such investments that may be lawful for fiduciaries in this state and also may be invested in such investments as would be lawful for a private corporation or other foundation having purposes similar to the foundation. No moneys derived pursuant to any tax may be invested under this paragraph.
(c) Nothing in this act shall effect the status of the foundation as a municipal entity.
(d) The provisions of this section shall apply to foundations whether created before or after the effective date of this act. Any investment of funds by a foundation prior to July 1, 1997, which would have complied with the provisions of this section, as amended by this act, are hereby validated.
History:
L. 1994, ch. 94, § 1; L. 1997, ch. 180, § 18; May 29.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1677f Investment of public funds by governmental entities; reinvestment of matured funds.

12-1677f.
Investment of public funds by governmental entities; reinvestment of matured funds.
At the time that investments of public moneys described in K.S.A. 12-1675, and amendments thereto, mature, the governing body of the governmental subdivision having the authority to receive, hold and expend such public moneys shall reoffer such moneys for deposit to eligible banks, savings and loan associations or savings banks defined in K.S.A. 12-1675a, and amendments thereto.
History:
L. 2006, ch. 57, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1679 Merchant or security police; fingerprints required; municipal license or permit prohibited if vehicles not registered in Kansas.

12-1679.
Merchant or security police; fingerprints required; municipal license or permit prohibited if vehicles not registered in Kansas.
(a) As used in this act: (1) "Municipality" shall mean any incorporated city or county of this state;
(2) "Merchants or security policeman" or "merchants or security police force or agency" shall mean any person engaged for hire in the business of guarding, watching, patrolling or otherwise attempting to provide security for the real or personal property of another person; and
(3) "Person" shall mean any individual, partnership, association, firm, corporation or other business entity.
(b) Every municipality which requires a license pursuant to this act shall acquire or collect the fingerprints of any person who applies for a merchants or security policeman's license from such municipality. The municipality shall submit the applicant's fingerprints to the Kansas bureau of investigation and to the federal bureau of investigation for the purpose of determining whether the applicant has a criminal record.
(c) No municipality shall license, permit or otherwise authorize or allow any person to do business within such municipality as a merchants or security policeman or as a merchants or security police force or agency, unless every motor vehicle, as defined by K.S.A. 8-1437, and amendments thereto, which is used in any way by such person while doing business as a merchants or security policeman or police force or agency is properly registered.
History:
L. 1972, ch. 47, § 1; L. 1984, ch. 72, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1680a Acquisition of computerized police and fire vehicle locating equipment; general obligation bonds.

12-1680a.
Acquisition of computerized police and fire vehicle locating equipment; general obligation bonds.
The governing body of any city or county may acquire all or any part of the equipment necessary or desirable for the operation of a computerized program for locating and reporting on the location of police and fire vehicles, and may issue general obligation bonds of such city or county in the amount necessary for the payment of all or part of the cost thereof.
History:
L. 1976, ch. 404, § 1; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1680b Same; resolution; publication; petition.

12-1680b.
Same; resolution; publication; petition.
No bonds shall be issued under the provisions of this act until the governing body of such city or county shall have adopted a resolution finding that the acquisition of such system is necessary. Such resolution shall describe, in general terms, equipment to be acquired and the estimated cost thereof. Such resolution shall also provide that the city or county proposes to issue general obligation bonds in an amount which shall be stated in said resolution unless, within sixty (60) days following final publication of the resolution, a petition protesting the acquisition of such system and the issuance of such bonds, signed by not less than five percent (5%) of the qualified electors of such city or county, is filed with the county election officer. Such resolution shall be published once each week for two (2) consecutive weeks in the official city or county newspaper. If no sufficient protest is filed with the prescribed time period, such city or county may acquire the equipment necessary for such system and issue and sell said general obligation bonds pursuant to the provisions of article 1 of chapter 10 of Kansas Statutes Annotated.
History:
L. 1976, ch. 404, § 2; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1680c Same; special election upon protest.

12-1680c.
Same; special election upon protest.
In the event a sufficient protest petition is filed within the prescribed time, such system shall not be acquired and no bonds shall be issued under the provisions of this act unless and until the issuance of such bonds shall have been approved by a majority of the qualified electors of such city or county voting on the proposition at a special election called and held for such purpose or at the next city or county primary or general election. Any special election held pursuant to the provisions of this act shall be called, noticed and held in accordance with the provisions of K.S.A. 10-120. The question to be submitted at any such election shall be in substantially the following form:
"Shall the (city/county) of ______________ acquire a fully developed computerized program for location and reporting on the locating of police and fire vehicles and issue general obligation bonds in an amount of not to exceed $_________ to pay the cost of acquiring such system, as provided in the 1976 Laws of Kansas, chapter No.____?"
If a majority of the qualified electors of such city or county voting thereon shall vote in favor of such proposition, the governing body thereof may proceed to acquire said computerized system and issue bonds to pay the cost thereof as if no protest petition had been filed.
History:
L. 1976, ch. 404, § 3; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1681 Community historical museums authorized; property and employees.

12-1681.
Community historical museums authorized; property and employees.
Any city or school district may establish, promote and operate a community historical museum and acquire or lease land, buildings or other facilities and equipment and employ a director and assistants and vote and expend funds for said purposes.
History:
L. 1974, ch. 53, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1682 Establishment of operation independently or in cooperation; limitation; delegation of operation to board.

12-1682.
Establishment of operation independently or in cooperation; limitation; delegation of operation to board.
Any city or school district may establish or operate a community historical museum independently or may cooperate in its establishment and in its operation in any manner mutually agreed upon, or may delegate the operation of the system to a museum board created by either or both of them: Provided, however, No community museum shall be established or operated by both the city and school district each acting independently of the other which are located all or in part in the same county.
History:
L. 1974, ch. 53, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1683 Conduct of activities of museums; acceptance of gifts.

12-1683.
Conduct of activities of museums; acceptance of gifts.
Any city or school district or museum board given charge of a community historical museum pursuant to this act is authorized to conduct the activities of the museum on any property under its custody and management, or, with proper consent, on any other public property and upon private property with the consent of the owners, and may receive gifts from any source whatsoever.
History:
L. 1974, ch. 53, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1684 Petition for establishment; election; tax levies.

12-1684.
Petition for establishment; election; tax levies.
Except as otherwise provided in subsection (b) of K.S.A. 12-1688 and before a community historical museum may be established and operated as provided by K.S.A. 12-1681 and 12-1682, a petition signed by at least five percent (5%) of the qualified and registered voters of the city or school district shall be filed with the clerk thereof, requesting the governing body of the city or school district to provide, establish, maintain and conduct a community historical museum and to levy an annual tax therefor not to exceed one (1) mill, whereupon it shall be the duty of the governing body of the city or school district to cause such question to be submitted to the qualified voters thereof to be voted upon at the next regular or special election of the city or school district to be held more than thirty (30) days after the filing of such petition.
History:
L. 1974, ch. 53, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1685 Same; filing of petition; joint meeting; notice of receipt and meeting.

12-1685.
Same; filing of petition; joint meeting; notice of receipt and meeting.
The petition provided for in K.S.A. 12-1684 may be directed to the governing bodies of said city and school district jointly, and in such case it may be filed with the clerk of either the city or school district. Upon receipt of the petition, the clerk shall set a day not less than five (5) nor more than ten (10) days thereafter for the joint meeting of the two (2) governing bodies for the consideration of the petition and if the petition be found sufficient the proposition shall be submitted to the electors within the corporate limits of the city or school district, whichever has the greater population, the same to be submitted as provided by law for such city or school district. Notice of the receipt of the petition and the date and place of the joint meeting shall be given immediately by the clerk to the executive officer of the city and school district by registered mail.
History:
L. 1974, ch. 53, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1686 Same; resolution or ordinance for establishment and operation of museums after approval by electors.

12-1686.
Same; resolution or ordinance for establishment and operation of museums after approval by electors.
Upon the adoption of the proposition by a majority of those voting thereon at the election, the governing body of the city or school district if acting independently or the joint governing bodies of a city and school district then acting jointly, shall by appropriate resolution or ordinance provide for the establishment, maintenance and conduct of such community historical museum as they deem advisable and practicable and shall establish a commission to be vested with the powers, duties and obligations necessary for the conduct of such community historical museum, the members of which shall serve without pay.
History:
L. 1974, ch. 53, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1687 Membership of museum commissions; terms; officers; powers.

12-1687. Membership of museum commissions; terms; officers; powers.
All museum commissions shall consist of five (5) members to be initially appointed as provided by either subsection (a) or (b) as follows: (a) Upon the adoption of the provisions of this act by the city or school district acting independently in the manner provided in K.S.A. 12-1684 and 12-1685, or any amendments thereto, the governing body of such city or school district shall appoint four (4) members, the first appointee to serve for four (4) years, the second for three (3) years, the third for two (2) years, and the fourth for one (1) year, and the fifth member who shall also serve for four (4) years shall be appointed by the four (4) appointee members of such commission; or (b) Upon the adoption of the provisions of this act by the city and school district acting jointly in the manner provided in K.S.A. 12-1684 and 12-1685, or any amendments thereto, the governing bodies shall each appoint two (2) of their electors to serve as members of the museum commission, and the persons so selected shall select one additional person, and all of said persons shall constitute the museum commission. Of the members of said commission first selected by the school district, one (1) shall serve for a term of one (1) year, and one (1) for a term of four (4) years; one (1) of those first selected by the governing body of the city shall serve for a term of two (2) years, and one (1) for a term of three (3) years. The additional member shall serve for a term of four (4) years. Thereafter, each of the members of said commission shall be selected in the same manner as the member he or she is succeeding and the term of office of each shall be four (4) years. Said commission shall elect a presiding officer and secretary. Said commissioners are hereby empowered to administer in all respects the business and affairs of the museum. The disbursements made by said commission shall be paid by voucher, and the claims paid by said commission shall be duly verified. The amount received from the tax herein provided shall be set over to said commission and used by said commission for the purposes herein set out; and shall be held by the treasurer of the city or school district who shall be ex officio treasurer of said commission.
History:
L. 1974, ch. 53, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1688 Community historical museums; tax levies; increases, election.

12-1688.
Community historical museums; tax levies; increases, election.
(a) Except as otherwise provided in subsection (b) of this section, when the provisions of this act shall have been adopted by an election, the commission shall annually, and not later than 20 days prior to the date for the publishing of the budget of such city or school district, certify its budget to such city or school district, which shall levy a tax sufficient to raise the amount required by such budget, but in no event more than one mill or the amount set out in the petition provided for in K.S.A. 12-1684, except that, when such petition shall have been submitted to a city and school district jointly such budget shall be certified to the city or school district, whichever shall be the larger in population, and the tax levied by such city or school district. After three years' operation the authority to levy the tax provided for in this section may be revoked by a majority of the electors voting at an election called in the same manner as the election authorizing the same. Upon such revocation all property and money belonging to such commission shall become the property of the city or school district levying the tax under this section.
(b) After any city or school district has begun to operate such a museum, it appearing to the satisfaction of the museum commission of a particular school district or city or of a city and school district jointly, that the budget should be increased so as to adequately meet the needs of the city or school district, such museum commission may submit a proposed program with the budget for carrying out the same to the levying authority which may then levy a tax sufficient to raise the amount required by the expanded budget, but not to exceed one mill, which levy shall be in addition to the one mill authorized by subsection (a) of this section.
No city or school district authorized to increase its levy under subsection (b) of this section shall make such increased levy until the question of making such tax levy is submitted to the qualified electors of the city or school district at the next general election or at a special election called for such purpose. Any special election held under the provisions of subsection (b) of this section shall be called and held in accordance with the provisions of K.S.A. 10-120, and amendments thereto. If a majority of the votes cast and counted on the question submitted at such election are in favor of such tax, the same may be made; but if a majority of the votes cast and counted on the question submitted at such election are not in favor thereof, such tax may not be levied.
History:
L. 1974, ch. 53, § 8; L. 1990, ch. 66, § 16; May 31.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1689 Same; definitions.

12-1689.
Same; definitions.
As used in this act, (a) "school district" means any school district located in whole or in part within a city of the third class located in two counties; and
(b) "City" means any city of the third class located in two counties.
History:
L. 1974, ch. 53, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1690 Same; supervisor and curator; appointment and compensation; duties.

12-1690.
Same; supervisor and curator; appointment and compensation; duties.
Any community museum board may appoint and fix the compensation of a supervisor or curator for the community historical museum. Said supervisor or curator shall have charge of the care, maintenance, supervision, establishment of the museum, its displays, historical collections and such other duties in connection therewith as said board may require. If there is an incorporated museum or an incorporated historical or similar society within the community, such society may be designated by said board as the supervisor or curator of said museum and said board may provide to the society such compensation, funds or reimbursements for establishing, operating, maintaining and caring for the museum and its collections or displays as shall be agreed upon by the board and the society.
History:
L. 1974, ch. 53, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1691 Same; acceptance of gifts and articles of historical value.

12-1691. Same; acceptance of gifts and articles of historical value.
The museum board may accept bequests, gifts, donations or loans of documents, records and articles of historical value or interest for such museum and also bequests, gifts or donations of money or other things of value to be used in carrying out the provisions of this act.
History:
L. 1974, ch. 53, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1692 Promotion of tourism and conventions; definitions.

12-1692.
Promotion of tourism and conventions; definitions.
As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein:
(a) "Person" means an individual, firm, partnership, corporation, joint venture or other association of persons;
(b) "Hotel, motel or tourist court" means any structure or building which contains rooms furnished for the purposes of providing lodging, which may or may not also provide meals, entertainment or various other personal services to transient guests, and which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient or permanent guests and having more than two bedrooms furnished for the accommodation of such guests;
(c) "Transient guest" means a person who occupies a room in a hotel, motel or tourist court for not more than 28 consecutive days;
(d) "Business" means any person engaged in the business of renting, leasing or letting living quarters, sleeping accommodations, rooms or a part thereof in connection with any motel, hotel or tourist court;
(e) "Convention and tourism promotion" means: (1) Activities to attract visitors into the community through marketing efforts, including advertising, directed to at least one of the five basic convention and tourism market segments consisting of group tours, pleasure travelers, association meetings and conventions, trade shows and corporate meetings and travel; and (2) support of those activities and organizations which encourage increased lodging facility occupancy; and
(f) "Accommodations broker" means any business which maintains an inventory of two or more rooms in one or more locations which are offered for pay to a person or persons for not more than 28 consecutive days.
History:
L. 1975, ch. 490, § 1; L. 1992, ch. 117, § 1; L. 1997, ch. 185, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1694a Same; establishment of transient guest tax refund fund; maintenance by secretary of revenue.

12-1694a.
Same; establishment of transient guest tax refund fund; maintenance by secretary of revenue.
There is hereby established in the state treasury the "transient guest tax refund fund" which shall be used for the payment of refunds of the transient guest tax which is levied and collected pursuant to K.S.A. 12-1692 to 12-1695, inclusive, and amendments thereto. The transient guest tax refund fund shall be held by the state treasurer for prompt refunding of all transient guest tax overpayments. Said fund shall be maintained by the secretary of revenue from the transient guest tax collections in an amount determined by the secretary of revenue as necessary to meet the current refunding requirements for the transient guest tax under said statutes but such amount shall not exceed five thousand dollars ($5,000).
History:
L. 1976, ch. 81, § 2; April 23.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1695 Convention and tourism committee; appointment; terms; contracts for programs.

12-1695.
Convention and tourism committee; appointment; terms; contracts for programs.
The governing body of any city or county which levies a transient guest tax pursuant to this act may establish a convention and tourism committee to make recommendations concerning the programs and expenditures for promotion of conventions and tourism. If the governing body decides to appoint a convention and tourism committee, the governing body shall appoint 10 members to such committee, a majority of which shall be representatives of businesses coming within the terms of this act. In appointing such members, the governing body shall attempt to create a representative balance of large and small businesses and businesses from the various geographic areas of such city or county. The governing body shall provide, by resolution, for the method of appointment and the length of term of members. The length of term shall not exceed four years. The governing body levying such tax shall have the authority to contract for convention and tourism programs to be implemented.
History:
L. 1975, ch. 490, § 4; L. 2001, ch. 135, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1696 Promotion of tourism and conventions; definitions.

12-1696.
Promotion of tourism and conventions; definitions.
As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein:
(a) "Person" means an individual, firm, partnership, corporation, joint venture or other association of persons;
(b) "Hotel, motel or tourist court" means any structure or building which contains rooms furnished for the purposes of providing lodging, which may or may not also provide meals, entertainment or various other personal services to transient guests, and which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient or permanent guests and having more than two bedrooms furnished for the accommodation of such guests;
(c) "Transient guest" means a person who occupies a room in a hotel, motel or tourist court for not more than 28 consecutive days;
(d) "Business" means any person engaged in the business of renting, leasing or letting living quarters, sleeping accommodations, rooms or a part thereof in connection with any motel, hotel or tourist court;
(e) "Convention and tourism promotion" means: (1) Activities to attract visitors into the community through marketing efforts, including advertising, directed to at least one of the five basic convention and tourism market segments consisting of group tours, pleasure travelers, association meetings and conventions, trade shows and corporate meetings and travel; and (2) support of those activities and organizations which encourage increased lodging facility occupancy; and
(f) "Accommodations broker" means any business which maintains an inventory of two or more rooms in one or more locations which are offered for pay to a person or persons for not more than 28 consecutive days.
History:
L. 1977, ch. 93, § 1; L. 1992, ch. 117, § 2; L. 1997, ch. 185, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1697 Same; tax levy by city or county; basis of tax; payment and collection; requirements prior to levy.

12-1697.
Same; tax levy by city or county; basis of tax; payment and collection; requirements prior to levy.
(a) In order to provide revenues to promote tourism and conventions, the governing body of any county or the governing body of any city is hereby authorized to levy a transient guest tax at not to exceed the rate of 2% upon the gross receipts derived from or paid directly or through an accommodations broker by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court. The percentage of such tax shall be determined by the board of county commissioners or the city governing body and shall be specified in the resolution or ordinance authorizing the same.
(b) Any transient guest tax levied pursuant to this section shall be based on the gross rental receipts collected by any business or accommodations broker.
(c) The taxes levied pursuant to this section shall be paid by the consumer or user to the business and it shall be the duty of each and every business to collect from the consumer or user the full amount of any such tax, or an amount equal as nearly as possible or practicable to the average equivalent thereto. Each business collecting any of the taxes levied hereunder shall be responsible for paying over the same to the state department of revenue in the manner prescribed by K.S.A. 12-1698, and amendments thereto, and the state department of revenue shall administer and enforce the collection of such taxes.
(d) A transient guest tax authorized by this section shall not be levied until the governing body of such county or city has passed a resolution or ordinance authorizing the same.
(e) The collection of any county or city transient guest tax authorized to be levied pursuant to this section shall commence on the first day of the calendar quarter next following the 30th day after the date of the receipt by the department of revenue of the resolution or ordinance authorizing the levy of such tax.
History:
L. 1977, ch. 93, § 2; L. 1989, ch. 60, § 2; L. 1997, ch. 185, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-1699 Same; levy of tax prohibited, when.

12-1699.
Same; levy of tax prohibited, when.
No county shall levy a transient guest tax within the corporate limits of any city in such county where a transient guest tax is being levied and collected according to law. No city located within a county where a transient guest tax is being levied and collected according to law shall levy any such tax.
History:
L. 1977, ch. 93, § 4; April 2.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,100 Same; transient guest tax refund fund.

12-16,100.
Same; transient guest tax refund fund.
There is hereby established in the state treasury the "transient guest tax refund fund" which shall be used for the payment of refunds of the transient guest tax which is levied and collected pursuant to this act. The transient guest tax refund fund shall be held by the state treasurer for prompt refunding of all transient guest tax overpayments. Said fund shall be maintained by the secretary of revenue from the transient guest tax collections in an amount determined by the secretary of revenue as necessary to meet the current refunding requirements for the transient guest tax under this act but such amount shall not exceed five thousand dollars ($5,000).
History:
L. 1977, ch. 93, § 5; April 2.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,101 Convention and tourism committee; appointment; terms; contracts and programs.

12-16,101.
Convention and tourism committee; appointment; terms; contracts and programs.
The governing body of any city or county which levies a transient guest tax pursuant to this act may establish a convention and tourism committee to make recommendations concerning the programs and expenditures for promotion of conventions and tourism. If the governing body decides to appoint a convention and tourism committee, the board of county commissioners or city governing body shall appoint 10 members to such committee, a majority of which shall be representatives of businesses coming within the terms of this act. In appointing such members, the board of county commissioners or city governing body shall attempt to create a representative balance of large and small businesses and businesses from the various geographic areas of such county. The board of county commissioners or city governing body shall provide, by resolution, for the method of appointment and the length of the term of members. The length of term shall not exceed four years. The board of county commissioners or city governing body levying such tax shall have the authority to contract for convention and tourism programs to be implemented.
History:
L. 1977, ch. 93, § 6; L. 2001, ch. 135, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,103 Acquisition of fee title to realty; sale of realty; record.

12-16,103.
Acquisition of fee title to realty; sale of realty; record.
(a) The governing body of any city may acquire by condemnation, dedication, gift or purchase the fee interest in any real estate in which it could acquire a permanent easement.
(b) The governing body of any city may sell real estate acquired or held in fee simple when it is no longer needed for public purposes, including, but not limited to, real estate acquired for the construction of municipal water supply structures or reservoirs and land adjacent thereto, street, sanitary and storm sewer systems. A record of all sales authorized herein shall be maintained in the office of the city clerk.
History:
L. 1984, ch. 60, § 1; L. 1986, ch. 77, § 1; L. 1988, ch. 77, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,104 Release of easement; notice; fee.

12-16,104.
Release of easement; notice; fee.
(a) The governing body of any city may charge a fee for the release of any easement. Such fee shall not exceed the increase in value accruing to the underlying fee owners resulting from the termination of the property interest held by the governing body of the city or the original price paid for the easement by the city, whichever is less, plus reasonable administrative costs.
(b) Before the release or vacation of any easement, the governing body shall notify the underlying fee owners or their heirs or assigns, if the same can be found through diligent search, that they may purchase the easement. Notice shall be published once each week for three consecutive weeks in the official city newspaper. The notice shall include a statement that the purchase option authorized by this subsection shall expire 30 days following the date of the final publication.
(c) If the easement is not purchased as provided by subsection (b), the city may sell the easement in a manner deemed expedient by the governing body of the city and the city may make, execute and deliver a warranty deed or other deed of conveyance to the purchaser thereof.
(d) A city may charge for the release or vacation of an easement only for real estate which constitutes a site large enough to allow the building of a structure under the zoning code of the city, pursuant to the appropriate zoning classification.
History:
L. 1984, ch. 60, § 2; L. 1986, ch. 77, § 2; April 10.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,105 Use of property no longer needed for school building in McPherson, Kansas.

12-16,105.
Use of property no longer needed for school building in McPherson, Kansas.
Whenever the governing body of the city of McPherson shall determine by ordinance that the property described as Block 81 of the city of McPherson, McPherson county, Kansas, dedicated as public grounds by the original plat of the city of McPherson, and known as the Wickersham Block by reasons of its use by the school district as a site for a school building, is no longer needed for the use for which it was originally acquired, such city is hereby authorized to use such property for any public purpose which the governing body shall determine is in the best interest of the inhabitants of such city.
History:
L. 1987, ch. 62, § 1; April 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,106 Human relations commission; enforcement and review of orders.

12-16,106.
Human relations commission; enforcement and review of orders.
(a) A local human relations commission authorized by ordinance to award compensatory damages in the Kansas act against discrimination,* in a discrimination case may secure enforcement of any final order of such commission, or where authorized by ordinance, the commission's director may secure enforcement of any final order of such commission, in accordance with the Kansas judicial review act in amounts not to exceed any limitations prescribed in the Kansas act against discrimination. The evidence presented to the commission or director, together with the commission's or director's findings and the order issued thereon, shall be certified by the commission or director to the district court as the commission's or director's return. No order of the commission or director shall be superseded or stayed during the proceeding on review unless the district court so directs.
(b) (1) Any action of the commission or director is subject to review in accordance with the Kansas judicial review act except: (A) Determination by the commission or director that no probable cause exists for crediting the allegations of a complaint brought before such commission or director; (B) the commission or director, in addition to those persons specified by K.S.A. 77-611, and amendments thereto, shall have standing to bring an action for review; and (C) on review, the court shall hear the action by trial de novo with or without a jury in accordance with the provisions of K.S.A. 60-238, and amendments thereto, and the court, in the court's discretion, may permit any party or the commission or director to submit additional evidence on any issue. The review shall be heard and determined by the court as expeditiously as possible. After hearing, the court may affirm the adjudication. If the adjudication by the commission or director is not affirmed, the court may set aside or modify the adjudication, in whole or in part, or may remand the proceedings to the commission or director for further disposition in accordance with the order of the court.
(2) The commission's or director's copy of the testimony shall be available at all reasonable times to all parties for examination without cost, and for the purpose of judicial review of the order. The review shall be heard on the record without requirement of printing.
(3) The commission or director shall be deemed a party to the review of any order by the court.
History:
L. 1988, ch. 205, § 1; L. 2010, ch. 17, § 33; July 1.