reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,107 Same; enforcement of subpoenas.

12-16,107.
Same; enforcement of subpoenas.
In case of the refusal of any person to comply with any subpoena issued by a local human relations commission, or to testify to any matter regarding which such person may be lawfully questioned the district court of any county may, upon application of the local human relations commission, order such person to comply with such subpoena and to testify to the extent such person could be so compelled pursuant to the provisions of subsection (5) of K.S.A. 44-1004, and amendments thereto, of the Kansas act against discrimination. Failure to obey the court's order shall be punishable by the court as contempt.
History:
L. 1988, ch. 205, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,108 State grants or loans to municipalities; definitions.

12-16,108.
State grants or loans to municipalities; definitions.
When used in this act:
(a) "Municipality" means any city, county, township, school district or other political subdivision of the state;
(b) "state agency" means any department, authority, office or other governmental agency of this state which is authorized by law to make state grants or loans to a municipality;
(c) "state grants or loans" means financial aid, gifts, grants or other payments to a municipality made pursuant to a written agreement by a state agency, including moneys loaned to a municipality, with or without interest, whether such money is derived from state or federal revenue sources or from moneys borrowed by the state or its agencies as authorized by law.
History:
L. 1989, ch. 56, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,109 Same; authority to borrow money for temporary financing of service or improvement.

12-16,109. Same; authority to borrow money for temporary financing of service or improvement.
(a) Any municipality which has entered into a written agreement with a state agency providing for a state grant or loan to the municipality for the performance of any public service or the construction of any public improvement, where such grant or loan constitutes a reimbursement for expenditures or obligations incurred by the municipality in undertaking such service or improvement, is hereby authorized to borrow money to temporarily finance such service or improvement. The amount borrowed under the provisions of this act shall not exceed the amount of the loan or grant to be received by the municipality under the terms of the agreement.
(b) Such borrowing in anticipation of a state grant or loan may be in the form of temporary notes or no-fund warrants, and shall be issued in substantially the same manner provided by law for the issuance of other temporary notes or no-fund warrants, but the approval of the state board of tax appeals shall not be required. The terms of such notes or warrants shall not exceed the scheduled date the municipality is to be reimbursed by the state loan or grant, as determined by the agreement.
History:
L. 1989, ch. 56, § 2; L. 2008, ch. 109, § 26; L. 2014, ch. 141, § 20; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,110 Same; general obligation of municipality; excluded from debt limit.

12-16,110.
Same; general obligation of municipality; excluded from debt limit.
Any notes or warrants issued under the authority of this act by a municipality with the power to levy taxes shall constitute a general obligation of such municipality but shall not be within any debt limits of such municipality. Upon the failure of the municipality to receive timely payment of the loan or grant, it may extend the terms of the notes or warrants or may issue new notes or warrants. Upon the failure of the municipality to receive some or all of the loan or grant provided for in the written agreement, the municipality may provide for the issuance of new notes or warrants, for a term determined by the governing body thereof, in an amount sufficient to pay the principal and interest on such notes or warrants. Such notes or warrants may be paid from the levy of taxes, from any future revenue received from the public improvement or service financed in part or in whole by the loan or grant or from any other revenue source lawfully available for such purposes.
History:
L. 1989, ch. 56, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,111 Same; not subject to budget limitations.

12-16,111.
Same; not subject to budget limitations.
Any money received by a municipality from a state loan or grant may be expended without regard to budget limitations and over, above or outside the budget, and such expenditures shall not be charged against the budget. If a municipality temporarily finances the service or improvement from budgeted funds and later is reimbursed by the state loan or grant, such expenditures shall not be charged against the budget. If a municipality temporarily finances the service or improvement from budgeted funds and later is reimbursed by the state loan or grant, such expenditure from budgeted funds shall be a reimbursed expense, and if received after the budget year, shall increase the current budget to the same amount unless the budget had anticipated and included the reimbursement as income.
History:
L. 1989, ch. 56, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,112 Same; amount of bonds, if issued.

12-16,112.
Same; amount of bonds, if issued.
In addition to the temporary borrowing authorized by the provisions of this act, any municipality authorized by law to issue bonds for a public purpose or public improvement for which a state loan or grant may be received pursuant to a written agreement may include in any bond issue authorization an amount sufficient to temporarily finance any expenditures necessary in advance of the receipt of the state loan or grant as well as the amount of the municipality's share of the cost of the public service or public improvement, if any.
History:
L. 1989, ch. 56, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,113 Accounting required of expenditures of transient guest tax moneys.

12-16,113.
Accounting required of expenditures of transient guest tax moneys.
Any entity to which funds which in the aggregate in any year exceed $25,000, are provided for convention and tourism promotion purposes from moneys received pursuant to K.S.A. 12-1693 or K.S.A. 12-1697, and amendments thereto, or pursuant to any charter ordinance or resolution which imposes a transient guest tax, shall provide for the separate accounting of the receipt and disbursement of such funds and shall provide to the city or county, as the case requires, an accounting of the receipt and expenditures of such funds in accordance with generally accepted accounting principles within 120 days after the end of the fiscal year of such entity. In the event no such accounting is provided within such time period, funds shall not be provided to the entity unless and until the accounting is provided.
History:
L. 1989, ch. 60, § 3; L. 1992, ch. 9, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,114 Housing trust funds; purpose; funding of; administration.

12-16,114.
Housing trust funds; purpose; funding of; administration.
(a) When used in this act: "Municipality" means any city or county.
(b) The governing body of any municipality is hereby authorized to establish a housing trust fund for purposes including, but not limited to, the provision of financial programs for the repair, rehabilitation and improvement of existing residential housing, accessibility modifications, rental subsidies and the provision of housing services and assistance to persons having low or moderate income and disabled persons.
(c) The governing body may provide funds for the housing trust fund from moneys derived from public or private grants, gifts or donations.
(d) The governing body of any municipality which has established a housing trust fund may appropriate moneys from such fund to local community, housing or economic development agencies or other local agencies to secure the provision of programs and services authorized by subsection (b) or may make direct expenditures of such moneys for such purposes under programs and services established by the governing body.
(e) The governing body of any municipality which has established a housing trust fund may establish or designate an existing not-for-profit community organization or agency to administer the housing trust fund, or may appoint an advisory committee to assist the municipality in its administration of the fund, in such manner as will ensure the most cost-effective housing available.
History:
L. 1990, ch. 65, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,115 Imitation firearms; civil penalty for sale, manufacture or distribution.

12-16,115.
Imitation firearms; civil penalty for sale, manufacture or distribution.
(a) Any person who sells, manufactures or distributes an imitation firearm in violation of this section shall be liable for a civil penalty in an action brought by the city attorney of the city or the county or district attorney of the county of not more than $10,000 for each violation. Penalties recovered pursuant to this section shall be deposited in the general fund of the city or county.
(b) The sale, manufacture or distribution of imitation firearms shall be permissible if the imitation firearm is sold, manufactured or distributed:
(1) Solely for export in interstate or foreign commerce;
(2) solely for lawful use in theatrical productions, including motion picture, television and stage productions;
(3) for use in a certified or regulated athletic event or competition;
(4) for use in military or civil defense activities; or
(5) for public displays authorized by public or private schools.
(c) As used in this section, the term "imitation firearm" means a replica of a firearm which is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. The term "imitation firearm" does not include: (1) A nonfiring collector's replica of an antique firearm which was designed prior to 1898, is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case; (2) a nonfiring collector's replica of a firearm which was designed after 1898, is historically significant, was issued as a commemorative by a nonprofit organization and is offered for sale in conjunction with a wall plaque or presentation case; or (3) a pneumatic, spring, spring-air or compressed-gas powered nonpowder gun that is commonly called an air gun and is designed to discharge BB's, pellets or paint balls.
History:
L. 1990, ch. 96, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,116 Transfer of title to public streets, avenues, alleys or lanes; cities in Crawford county.

12-16,116.
Transfer of title to public streets, avenues, alleys or lanes; cities in Crawford county.
(a) When used in this act, "city" means a city located within Crawford county.
(b) Any city holding title to a street, avenue, alley or lane that lies upon the boundary line with another city may transfer by quitclaim deed any title or interest of the city in such street, avenue, alley or lane, and the adjacent rights-of-way, to the other city. Such transfer shall be accomplished only following the enactment of an ordinance conveying such title or interest and enactment of an ordinance accepting the title or interest.
(c) Transfers made pursuant to this section shall not be considered vacations of streets, avenues, alleys or lanes or the adjacent rights-of-way.
(d) Following the transfer of such title or interest, the city clerk of the city accepting such transfer shall file a certified copy of the ordinance accepting such title or interest with the register of deeds and county clerk of the county in which such street, avenue, alley or right-of-way is located and the state transportation engineer. No fee shall be charged for such filings.
History:
L. 1991, ch. 52, § 1; May 2.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,117 Municipal policies regarding the provision of assistance during times of disaster; immunity from liability.

12-16,117.
Municipal policies regarding the provision of assistance during times of disaster; immunity from liability.
(a) When used in this act:
(1) "Municipality" means any city, county or township;
(2) "public safety agency" means any municipal fire department, law enforcement office, sheriff's department, volunteer and nonvolunteer fire protection associations, emergency management department, public works department or other similar public or private agency; and
(3) "disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including but not limited to, fire, flood, earthquake, wind, storm, epidemics, air contamination, blight, drought, infestation, explosion or riot.
(b) The governing body of a municipality may establish a policy regarding the provision of assistance to other municipalities and public safety agencies located in other municipalities located within or without the state of Kansas. Such policy shall be established by adoption of the appropriate ordinance or resolution. Such ordinance or resolution shall include the procedure for the provision of assistance during times of disaster. Any ordinance or resolution adopted pursuant to this section shall be consistent with the applicable local or interjurisdictional disaster plan adopted pursuant to K.S.A. 48-901 et seq., and amendments thereto.
(c) When providing assistance pursuant to an ordinance or resolution adopted pursuant to this section, the municipality and public safety agency shall be subject to the provisions of all laws, including those providing immunity from liability, as if such municipality or public safety agency was acting within such municipality. Any public safety agency of another state providing assistance in this state pursuant to an ordinance or resolution adopted pursuant to this section, shall be subject to the provisions of all laws of this state, including those providing immunity from liability, as if such public agency was a public agency within the state of Kansas.
(d) A copy of any ordinance or resolution adopted pursuant to this section shall be filed with the emergency preparedness officer of the county. A copy of such ordinance or resolution also shall be filed with the division of emergency preparedness as part of the local or interjurisdictional disaster plan required pursuant to K.S.A. 48-929, and amendments thereto.
(e) An ordinance or resolution adopted under the provisions of this section shall not be regarded as an interlocal agreement under the provisions of K.S.A. 12-2901 et seq., and amendments thereto.
(f) Nothing in this act shall be construed as invalidating existing mutual aid or disaster relief agreements entered into pursuant to K.S.A. 12-2901 et seq., and amendments thereto.
History:
L. 1994, ch. 75, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,119 Booking or processing fee; disbursement; fee limitation.

12-16,119. Booking or processing fee; disbursement; fee limitation.
(a) Any person convicted or diverted, or adjudicated or diverted under a preadjudication program, pursuant to K.S.A. 22-2906 et seq., K.S.A. 38-2346 et seq., or 12-4414 et seq., and amendments thereto, of a misdemeanor or felony contained in chapters 8, 41 or 65 of the Kansas Statutes Annotated, or the Kansas criminal code, and amendments thereto, where fingerprints are required pursuant to K.S.A. 21-2501, and amendments thereto, shall pay a separate court cost if the board of county commissioners or by the governing body of a city, where a city operates a detention facility, votes to adopt such a fee as a booking or processing fee for each complaint.
(b) Such fee shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense.
(c) Disbursements of these fees shall be to the general fund of the governing body responsible for the funding of the sheriff, police department or countywide law enforcement agency that obtains the fingerprints.
(d) Such fee shall not exceed $45.
History:
L. 1998, ch. 155, § 1; L. 2006, ch. 169, § 90; L. 2011, ch. 30, § 100; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,120 Prohibiting rent control or control of real estate purchase price by political subdivisions; exceptions.

12-16,120. Prohibiting rent control or control of real estate purchase price by political subdivisions; exceptions.
(a) No political subdivision of this state, including, but not limited to, a county, municipality or township, shall enact, maintain or enforce any ordinance or resolution that would have the effect of controlling the amount of rent charged or the purchase price agreed upon between the parties to the transaction for the lease or purchase of privately owned residential or commercial property.
(b) This section shall not impair the right of any political subdivision to manage and control commercial or residential property in which such political subdivision has an ownership interest.
(c) This section shall not impair the right of any owner of privately owned property to enter into a voluntary agreement with a political subdivision to agree to requirements that would have the effect of controlling the amount of rent charged or the purchase price agreed upon between the parties to the transaction for the lease or purchase of privately owned property in return for grants or incentives provided by the political subdivision to the owner of privately owned property.
(d) No political subdivision shall require any owner of privately owned property to agree to any requirements that would have the effect of controlling the amount of rent charged or the purchase price agreed upon between the parties to the transaction for the lease or purchase of privately owned property, as a condition for consideration or approval of:
(1) Any building permit or plat; or
(2) any request for a zoning regulation, boundary, classification or a conditional use permit, or for a change or variance in a zoning regulation, boundary, classification or a conditional use permit.
History:
L. 2001, ch. 134, § 2; L. 2016, ch. 104, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,121 Paving materials provided by cities and counties; limitations.

12-16,121.
Paving materials provided by cities and counties; limitations.
(a) As used in this section and K.S.A. 12-16,122, and amendments thereto:
(1) "City" means any city.
(2) "County" means any county.
(3) "Governing body" means the governing body of any city and the board of county commissioners of any county.
(4) "Paving material" means crushed rock, asphalt, gravel, aggregate sand or other materials used to pave roads, streets and drives.
(b) Except as provided in subsection (c), the governing body of any city or county shall not sell or otherwise provide paving material to any private person or private entity.
(c) The provisions of subsection (b) shall not apply if the governing body has:
(1) Made a determination that such paving materials are not readily available from a nongovernmental entity; or
(2) adopted a resolution declaring the existence of a disaster, emergency or the threat of disaster or emergency.
History:
L. 2001, ch. 111, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,122 Paving materials; mining and manufacturing for use by cities and counties; limitations.

12-16,122.
Paving materials; mining and manufacturing for use by cities and counties; limitations.
The governing body of any city or county is hereby authorized to establish or participate in the mining or manufacturing of paving materials for the use of such city or county. Establishment of or participation in any such mining or manufacturing operation shall not occur unless:
(a) Prior to the establishment of or participation in any such mining or manufacturing operation, the governing body shall hold a public hearing to consider the merits of the proposed mining or manufacturing operation;
(b) notice of such public hearing has been published in both the Kansas Register and a newspaper having general circulation in the city or county in which such proposed mining or manufacturing operation is to be established or participated in not less than 20 days prior to the date of such public hearing; and
(c) the governing body shall notify any city or county resident or taxpayer, as determined by such city or county's vendor list, who customarily provides construction materials, of the date, time and location of such public hearing. Such notification shall be made by mail not less than 20 days prior to the date of such hearing.
The provisions of this section shall not apply to any existing operation of mining or manufacturing paving materials which was established or participated in by the governing body of any city or county prior to the effective date of this act.
History:
L. 2001, ch. 111, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,123 Cities and counties prohibited from requiring lists of tenants; exceptions.

12-16,123.
Cities and counties prohibited from requiring lists of tenants; exceptions.
(a) As used in this section, "municipality" means any city or county or agency, department or other division of a city or county.
(b) Except as provided by subsection (c) and as necessary to comply with the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, no municipality shall adopt or enforce an ordinance or resolution which requires any landlord to provide to such municipality a list of names of any tenants of such landlord.
(c) A municipality may require a landlord to provide to the municipality a list of the names of tenants occupying the landlord's property if a citation for a violation of an ordinance or resolution adopted to protect the public health, safety or welfare has occurred on such property. Such list shall not be required to be provided until at least 30 days following the date of the issuance of a citation. Such list shall not be required if the landlord complies with the provisions of such ordinance or resolution.
History:
L. 2001, ch. 147, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,124 Firearms and ammunition; regulation by city or county, limitations.

12-16,124. Firearms and ammunition; regulation by city or county, limitations.
(a) No city or county shall adopt or enforce any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the requirement of fees, licenses or permits for, the commerce in or the sale, purchase, transfer, ownership, storage, carrying, transporting or taxation of firearms or ammunition, or any component or combination thereof.
(b) Any ordinance, resolution or regulation prohibited by subsection (a) that was adopted prior to July 1, 2015, shall be null and void.
(c) Nothing in this section shall:
(1) Prohibit a city or county from adopting and enforcing any ordinance, resolution or regulation relating to the personnel policies of such city or county and the carrying of firearms by employees of such city or county, except that any such ordinance, resolution or regulation shall comply with the provisions of K.S.A. 75-7c01 et seq., and amendments thereto;
(2) prohibit a city or county from adopting any ordinance, resolution or regulation pursuant to K.S.A. 75-7c20, and amendments thereto;
(3) prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties; or
(4) prohibit a city or county from levying and collecting any retailers' sales tax on the sale of firearms, ammunition or any component or combination thereof as authorized by K.S.A. 12-189, and amendments thereto.
History:
L. 2005, ch. 141, § 10; L. 2007, ch. 166, § 1; L. 2013, ch. 36, § 1; L. 2014, ch. 97, § 7; L. 2015, ch. 93, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,124a Same; limitation on liability of municipality.

12-16,124a. Same; limitation on liability of municipality.
(a) No municipality shall be liable for any wrongful act or omission relating to the actions of any person carrying a firearm, including employees of such municipality, concerning acts or omissions regarding such firearm.
(b) For purposes of this section, the term "municipality" has the same meaning as that term is defined in K.S.A. 75-6102, and amendments thereto.
(c) The provisions of this section shall not apply to municipal employees who are required to carry a firearm as a condition of their employment.
History:
L. 2014, ch. 97, § 4, L. 2014, ch. 134, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,124b Same; prohibiting use of tax proceeds for firearms buyback programs.

12-16,124b. Same; prohibiting use of tax proceeds for firearms buyback programs.
(a) No city or county shall expend any funds derived from the proceeds of any tax levied by such city or county or any political subdivision thereof, for the purpose of implementing, administering or otherwise operating a firearms buyback program.
(b) For purposes of this section:
(1) "Firearm" shall have the same meaning as that term is defined in K.S.A. 21-5111, and amendments thereto.
(2) "Firearms buyback program" means any program wherein individuals are offered the opportunity to gift, sell or otherwise transfer ownership of such individual's firearm to a city or county.
History:
L. 2014, ch. 97, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,125 Acceptance by city of debit or credit card for payment of taxes, utility fees or other exactions.

12-16,125.
Acceptance by city of debit or credit card for payment of taxes, utility fees or other exactions.
A city may accept credit or debit cards for the payment of taxes, utility fees or other exactions. The city may establish the type of credit or debit card the city will accept. The city may set a fee to be added to each credit card transaction equal to the charge paid by the city for the use of the credit card by the person. If the city imposes a fee for payments made by credit card, the city shall provide notice of such fee to the person making payment by credit card.
Any transaction involving payment by credit card pursuant to this section shall not be subject to the provisions of K.S.A. 16a-2-403, and amendments thereto.
History:
L. 2008, ch. 180, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,128 Mayoral appointments; governing body approval; time limits; other requirements.

12-16,128.
Mayoral appointments; governing body approval; time limits; other requirements.
From and after July 1, 2008, any appointment to any board, commission, advisory group or other body made by the mayor of any city which is subject to approval of the governing body of the city must be acted upon by the governing body within 45 days of the appointment by the mayor or the appointment shall be deemed approved. The governing body of the city shall approve such appointment unless the governing body makes a specific finding by the passage of a resolution that the person is either unqualified to hold the office or is not fit to hold the office or position.
History:
L. 2008, ch. 163, § 4; May 29.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,129 Accident response service fee prohibited.

12-16,129. Accident response service fee prohibited.
(a) As used in this section:
(1) "Municipality" means a city, county, township, fire district or any other political and taxing subdivisions in this state.
(2) "Accident response service fee" means any fee imposed on the driver or owner of a motor vehicle, an insurance company or any other person, for the response to or investigation of a motor vehicle accident, but does not include the usual and customary charges for providing ambulance and emergency services when immediate action is required to save life, prevent suffering or disability or to protect and save property.
(3) "Emergency services" includes the actual costs of police, fire, technical rescue situations, including, but not limited to, vehicle extrication, trench rescue, high-angle rescue, confined-space rescue and swift-water rescue and emergency medical service personnel and equipment deemed appropriate by the municipality to address reasonably anticipated needs including, but not limited to, unknown number of injured persons and possible environmental and health threats involving hazardous material.
(b) No municipality shall charge an accident response service fee to persons receiving emergency services inside or outside of such municipality, except for actual costs of providing such emergency services in response to a motor vehicle accident.
History:
L. 2011, ch. 77, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,130 Cities; counties; prohibition on requiring employers to provide certain wage levels or paid benefits or to alter or adjust employee scheduling.

12-16,130. Cities; counties; prohibition on requiring employers to provide certain wage levels or paid benefits or to alter or adjust employee scheduling.
(a) No city, county or local government unit shall enact or administer any ordinance, resolution or law which requires an employer to:
(1) Provide to such employer's employees any leave from work, either with or without pay, unless such leave is required by state or federal law;
(2) pay compensation to such employer's employees for any leave from work unless payment of compensation for such leave is required by state or federal law;
(3) pay compensation or wages at any rate higher than the minimum wage unless the payment of higher compensation or wages is required by state or federal law;
(4) offer an employee benefit other than those required by state or federal law; or
(5) alter or adjust any employee scheduling unless the alteration or adjustment is required by state or federal law.
(b) Subsection (a) shall not impact, or apply to, requirements under state economic development incentive programs or city, county, local government or local economic development agency business attraction, retention or recruitment programs.
History:
L. 2013, ch. 86, § 1; L. 2016, ch. 104, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,131 Cities; counties; prohibition on enacting or administering certain ordinances and resolutions.

12-16,131. Cities; counties; prohibition on enacting or administering certain ordinances and resolutions.
(a) No city, county or local government unit shall enact or administer any ordinance, resolution or law that requires, nor shall any city, county or local government discriminate against, favor, prefer or base any ordinance, law, policy, economic development program, agreement, grant or incentive on, an employer providing or not providing:
(1) Any leave from work, either with or without pay, unless such leave is required by state or federal law;
(2) compensation for any leave from work, unless payment of compensation for such leave is required by state or federal law;
(3) compensation or wages at any rate higher than the minimum wage, unless the payment of higher compensation or wages is required by state or federal law; or
(4) any employee benefit other than those required by state or federal law.
(b) Subsection (a) shall only apply to wages, compensation or benefits, or any combination thereof, paid or provided by a construction contractor or subcontractor performing construction or infrastructure work on a real estate construction or infrastructure project.
History:
L. 2013, ch. 86, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,132 Cities; certain ordinances void as against public policy.

12-16,132. Cities; certain ordinances void as against public policy.
The administration, enactment or enforcement of any city ordinance which conflicts with K.S.A. 12-16,130 or 12-16,131, and amendments thereto, is hereby declared to be void and against the public policy of this state.
History:
L. 2013, ch. 86, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,133 Definitions.

12-16,133. Definitions.
For the purposes of this act*, unless the context otherwise requires:
(a) "Employee" means an individual employed in this state by an employer.
(b) (1) "Employer" means any individual, sole proprietorship, partnership, limited liability company, corporation or any other entity that is legally doing business in this state.
(2) "Employer" shall not include a public employer.
(c) "Public employer" has the meaning specified in K.S.A. 75-4322, and amendments thereto.
History:
L. 2013, ch. 86, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,134 Knives and knife making components; regulation by municipality, limitations.

12-16,134. Knives and knife making components; regulation by municipality, limitations.
(a) A municipality shall not enact or enforce any ordinance, resolution, regulation or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration or use of a knife or knife making components.
(b) A municipality shall not enact or enforce any ordinance, resolution or regulation relating to the manufacture of a knife that is more restrictive than any such ordinance, resolution or regulation relating to the manufacture of any other commercial goods.
(c) Any ordinance, resolution or regulation prohibited by either subsection (a) or (b) that was adopted prior to July 1, 2014, shall be null and void.
(d) No action shall be commenced or prosecuted against any individual for a violation of any ordinance, resolution or regulation that is prohibited by either subsection (a) or (b) and which was adopted prior to July 1, 2014, if such violation occurred on or after July 1, 2013.
(e) As used in this section:
(1) "Knife" means a cutting instrument and includes a sharpened or pointed blade.
(2) "Municipality" has the same meaning as defined in K.S.A. 75-6102, and amendments thereto, but shall not include unified school districts, jails, as defined in K.S.A. 38-2302, and amendments thereto, or juvenile correctional facilities, as defined in K.S.A. 38-2302, and amendments thereto.
History:
L. 2013, ch. 88, § 1; L. 2014, ch. 97, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,135 Severability.

12-16,135. Severability.
If any provision of this act* or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 2014, ch. 119, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,136 Regulating consumer incentive items and nutrition labeling of food; definitions.

12-16,136. Regulating consumer incentive items and nutrition labeling of food; definitions.
As used in K.S.A. 12-16,136 and 12-16,137, and amendments thereto:
(a) "Food" means substances, whether in liquid, concentrated, solid, frozen, dried or dehydrated form, that are sold for ingestion by humans and are consumed for their taste or nutritional value. "Food and food ingredients" does not include alcoholic beverages or tobacco.
(b) "Food that is a menu item in vending machines" means food dispensed through a machine or other mechanical device that accepts payment.
(c) "Retail food establishment" or "food service operation" means any place in which food is served or is prepared on the premises for retail sale or service in a heated state or heated by the seller, mixed or combined by the seller for sale as a single item or sold with eating utensils provided by the seller and is intended for immediate consumption. Such term shall include, but not be limited to, fixed or mobile restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich shops, soda fountains, taverns, private clubs, roadside kitchens, commissaries, drive-in restaurants and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
(d) "Food nutrition information" includes, but is not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, sodium and allergen content of food. "Food nutrition information" also includes the designation of food as healthy or unhealthy.
(e) "Political subdivision" means political or taxing subdivisions of the state, including counties, townships, cities, school districts, authorities or other municipal or public corporations, agencies, boards, commissions, councils, committees, subcommittees and other subordinate groups or administrative units thereof, receiving or expending and supported, in whole or in part, by public funds.
(f) "Consumer incentive item" means any licensed media character, toy, game, trading card, contest, point accumulation, club membership, admission ticket, token, code or password for digital access, coupon, voucher, incentive, crayons, coloring placemats or other premium, prize or consumer product that is associated with a meal served by or acquired from a food service operation.
History:
L. 2016, ch. 104, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,138 Cities; counties; prohibiting periodic interior inspections of residential property; exceptions.

12-16,138. Cities; counties; prohibiting periodic interior inspections of residential property; exceptions.
(a) No city or county shall adopt, enforce or maintain a residential property licensing ordinance or resolution which includes a requirement for periodic interior inspections of privately owned residential property for city or county code violations unless the lawful occupant has consented to such interior inspections. This subsection shall not apply to inspections of mixed-use residential and commercial property. This subsection shall not prohibit a city or county from conducting plan reviews, periodic construction inspections or final occupancy inspections as required by building permits.
(b) Any lawful occupant residing in privately owned residential housing located within the corporate limits of a city may request an inspection at any time by the city or, if the property is located in the unincorporated area of the county, by the county to determine code violations.
History:
L. 2016, ch. 104, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,139 Prohibitions on municipalities relating to citizenship and immigration information; definitions.

12-16,139. Prohibitions on municipalities relating to citizenship and immigration information; definitions.
As used in K.S.A. 8-1327, and amendments thereto, and K.S.A. 12-16,139 through 12-16,144, and amendments thereto:
(a) "Law enforcement agency" means a city police department, a county sheriff's department, a county police department or any law enforcement department of a taxing subdivision of the state.
(b) "Law enforcement officer" means a full-time or part-time officer or employee of a city, county or taxing subdivision of the state whose duties include the prevention or detection of crime and the enforcement of criminal and traffic laws of the state or of any municipality.
(c) "Municipal identification card" means any document, card or other instrument authorized or issued by or on behalf of a city or county and bearing a name, photograph or other descriptive information of any individual and intended for use as a form of identification.
(d) "Municipality" means a city, county or any taxing subdivision of the state that employs law enforcement officers.
History:
L. 2022, ch. 51, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,140 Certain actions by municipalities prohibited and declared null and void relating to restricting local officials from actions regarding information of citizenship.

12-16,140. Certain actions by municipalities prohibited and declared null and void relating to restricting local officials from actions regarding information of citizenship.
(a) No municipality shall enact, implement or enforce an ordinance, resolution, rule or policy that prohibits or in any way restricts a law enforcement officer, local official or local government employee, from taking the following actions with regard to information of the citizenship or immigration status, lawful or unlawful, of an individual:
(1) Communicating or cooperating with federal officials;
(2) sending to or receiving information from the United States department of homeland security;
(3) obtaining or maintaining information; or
(4) exchanging information with another federal, state, or local government entity.
(b) Any ordinance, resolution, rule or policy that violates subsection (a) is null and void.
History:
L. 2022, ch. 51, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,141 Municipalities prohibited from limiting or restricting enforcement of federal immigration laws.

12-16,141. Municipalities prohibited from limiting or restricting enforcement of federal immigration laws.
A municipality shall not limit or restrict the enforcement of federal immigration laws.
History:
L. 2022, ch. 51, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,142 Municipal identification cards not valid as state identification.

12-16,142. Municipal identification cards not valid as state identification.
A municipal identification card shall not be used to satisfy any requirement of state law for proof of identity and each municipal identification card shall state on its face the statement "Not valid for state ID".
History:
L. 2022, ch. 51, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,143 Racial or other biased-based policing prohibited; filing of complaints.

12-16,143. Racial or other biased-based policing prohibited; filing of complaints.
It is unlawful to use racial or other biased-based policing in the enforcement of federal immigration law and communications with federal agencies within the scope of this act. As used in this section, "racial or other biased-based policing" means the same as defined in K.S.A. 22-4606, and amendments thereto. Any person who believes such person has been subjected to racial or other biased-based policing by a law enforcement officer or agency in violation of this section may file a complaint pursuant to K.S.A. 22-4611, and amendments thereto.
History:
L. 2022, ch. 51, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,144 Enforcement of act.

12-16,144. Enforcement of act.
The attorney general or county or district attorney may bring an action to compel compliance with K.S.A. 12-16,140 through 12-16,143, and amendments thereto, and if a court finds that a municipality or any other person or entity has violated, is violating or is about to violate any provision of this act the court shall enjoin the municipality, person or entity to comply with this act.
History:
L. 2022, ch. 51, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,219 Cities, counties; prohibition on fire sprinkler requirements in certain residential dwellings.

12-16,219. Cities, counties; prohibition on fire sprinkler requirements in certain residential dwellings.
(a) As used in this section:
(1) "Municipality" means any city or county.
(2) "Residential structure" means any improvement to real property to be used or occupied as a single-family dwelling or multi-family dwelling of two attached living units or less or any manufactured home.
(b) No municipality shall adopt or enforce any ordinance, order, code, standard or rule requiring the installation of a multi-purpose residential fire protection sprinkler system or any other fire sprinkler protection system in any residential structure. Nothing in this section shall prohibit any person from voluntarily installing a multi-purpose residential fire protection sprinkler system or any other fire sprinkler protection system in a residential structure.
(c) No municipality shall require the installation of a multi-purpose residential fire protection sprinkler system in any residential structure as a condition for consideration or approval of any building permit or plat.
History:
L. 2010, ch. 116, § 25; L. 2011, ch. 43, § 1; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 16 - Miscellaneous Provisions › 12-16,220 Cities, counties, political subdivisions; prohibition on limiting use of refrigerants approved for use under federal law.

12-16,220. Cities, counties, political subdivisions; prohibition on limiting use of refrigerants approved for use under federal law.
(a) No building code, ordinance, resolution, regulation or rule of any political subdivision of the state shall prohibit or limit the use of refrigerants that are approved and listed for use under 42 U.S.C. § 7671k or the regulations promulgated thereunder, if any equipment containing such refrigerant is used and installed in accordance with the provisions of 42 U.S.C. § 7671k or the regulations promulgated thereunder, including any safety standards or use conditions. Any part of any building code, ordinance, resolution, regulation or rule of any political subdivision of the state that violates this section shall be null and void.
(b) For purposes of this section, "political subdivision of the state" means any state agency, authority, board, county, city, unified government or any other political or taxing subdivision of the state of Kansas, or an administrative unit thereof, with authority to regulate the use of refrigerants.
History:
L. 2023, ch. 47, § 1; April 27, 2023.