reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 29 - Planning And Zoning › 19-2954 Reasonableness.

19-2954.
Reasonableness.
Any and all acts and regulations or amendments thereto provided for or authorized by this act shall be reasonable and any person having an interest in property affected may have the reasonableness of any such act, regulation or amendment thereto determined by bringing an action against the governing body within 30 days after the making of a decision on a zoning regulation, or amendment thereto. Such action shall be brought in the district court in the county in which any such improvement district is situated.
History:
L. 1982, ch. 61, § 5; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 29 - Planning And Zoning › 19-2955 Termination of zoning authority.

19-2955.
Termination of zoning authority.
The authority of any improvement district to adopt or enforce zoning regulations under the authority of this act shall cease and terminate on the date the county in which the district is located adopts and places in effect zoning regulations affecting lands and buildings located within such district.
History:
L. 1982, ch. 61, § 6; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 29 - Planning And Zoning › 19-2956 Planning and zoning in urban areas; purpose.

19-2956.
Planning and zoning in urban areas; purpose.
The purpose of this act is to authorize any county designated as an urban area under the provisions of K.S.A. 19-2654, and amendments thereto, to prepare and adopt plans and land use regulations with multiple advisory bodies so as to bring unity, consistency and efficiency to the county's planning efforts. Such plans and regulations shall be designed, in accordance with the present and future needs of the county and shall promote the public health, safety, morals, comfort, convenience, prosperity and general welfare and protect the land, air, water, natural resources and environment and encourage their use in a desirable manner and insure efficient expenditure of public funds and conserve and protect the values of property under the jurisdiction of the county.
History:
L. 1984, ch. 96, § 1; May 3.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 29 - Planning And Zoning › 19-2959 Intergovernmental planning agreements; approval of county commissioners.

19-2959.
Intergovernmental planning agreements; approval of county commissioners.
In order to promote efficiency and coordination in the overall planning by the various governmental entities having an interest within the geographical territory embraced within the planning authorization granted to the county within this act, and to encourage the elimination of duplication of effort in planning for such areas, the board of county commissioners may initiate joint efforts with other governmental entities including, but not limited to, cities, townships, fire districts, water districts and wastewater districts and the planning commission, with the approval of the board of county commissioners, is authorized to initiate and jointly prepare, in whole or in part, any plans or programs developed as a part of such joint or cooperative effort. Such plans or programs shall be considered for recommendation by the planning commission and adoption by the board of county commissioners in the same manner and with the same requirements as specified elsewhere in this act for adoption of the comprehensive plan.
The board of county commissioners shall approve any intergovernmental agreement or other formal document that shall outline the extent of common interest, the duration of the agreement, the role of the various parties involved, the desired results of such joint or cooperative effort and any other matter deemed pertinent by the parties involved. Such agreements may be made by the county and one or more other governmental entities as may choose to participate.
History:
L. 1984, ch. 96, § 4; May 3.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 29 - Planning And Zoning › 19-2963 Penalties for violations; actions for enforcement.

19-2963.
Penalties for violations; actions for enforcement.
Any county which adopts a resolution under the provisions of this act shall have power to declare the violation thereof a misdemeanor and punishable by a fine not to exceed $500 for each offense and to provide that each day's violation shall constitute a separate offense. Such counties also shall have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of such resolution and to abate nuisances maintained in violation thereof. In case any building or structure is or is proposed to be erected, constructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of any resolution enacted under this act, the county counselor or other appropriate authority of the county, and in the event the violation relates to a provision concerning floodplain zoning, the attorney general and the chief engineer of the division of water resources of the Kansas department of agriculture, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or to correct or abate such violation or to prevent the occupancy of such building, structure or land. Any person, company, corporation, institution, municipality or agency of the state or federal government who violates any provision of a resolution relating to floodplain zoning, shall be subject to the penalties and remedies provided for herein.
History:
L. 1984, ch. 96, § 8; L. 2004, ch. 101, § 68; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 29 - Planning And Zoning › 19-2964 Reasonableness of regulations; appeal.

19-2964.
Reasonableness of regulations; appeal.
Any person having an interest in property affected may have the reasonableness of any such act, regulation or amendment thereto determined by bringing an action against the board of county commissioners in the manner set out in K.S.A. 19-223, and amendments thereto, within 30 days after the making of a decision on such act, regulation or amendment. Such action shall be brought in the district court of the county.
History:
L. 1984, ch. 96, § 9; May 3.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 29 - Planning And Zoning › 19-2965 Existing zoning and planning continued in force until adoption of comprehensive plan.

19-2965.
Existing zoning and planning continued in force until adoption of comprehensive plan.
Any comprehensive plan or part thereof, subdivision regulations or zoning regulations adopted by the board of county commissioners under the provisions of K.S.A. 19-2901 to 19-2913, inclusive, and amendments thereto, shall continue in force and effect until a comprehensive plan or part thereof, subdivision regulations or zoning regulations are adopted as provided in this act.
History:
L. 1984, ch. 96, § 10; May 3.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 29 - Planning And Zoning › 19-2966 Severability of act.

19-2966.
Severability of act.
If any provision of this act is held to be invalid, such invalidity shall not affect the validity of other provisions of the act which can be given effect without the invalid provision.
History:
L. 1984, ch. 96, § 11; May 3.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 30 - Drought-relief Machinery And Equipment › 19-3001 Drought emergency resolution; purchase of pumping equipment.

19-3001.
Drought emergency resolution; purchase of pumping equipment.
Whenever the board of county commissioners of any county of the state of Kansas shall declare by resolution that a drought emergency exists, they are hereby authorized and empowered to appropriate and expend from the general fund of the respective counties, such amount as it shall deem necessary for the purpose of purchasing pumping equipment for operation of drought-relief wells or for pumping from streams, and other machinery, equipment and materials, including fuel, deemed necessary for construction or maintenance of drought-relief water-supply projects.
History:
L. 1941, ch. 6, § 1; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 30 - Drought-relief Machinery And Equipment › 19-3002 Management and operation; records and statements; fees for water delivered to user from drought-relief wells; disposition of moneys.

19-3002.
Management and operation; records and statements; fees for water delivered to user from drought-relief wells; disposition of moneys.
The above-mentioned machinery and equipment, when so purchased or otherwise acquired shall remain the property of the county, and shall be operated under management of a proper person selected by the board of county commissioners, and the operator so named shall keep a record of the costs of fuels and materials and the actual costs of operation of such machinery and equipment used in the construction and maintenance of each drought-relief water-supply project, and he shall file a statement of the costs of fuels and materials used on each project with the county clerk, and such statement shall be a part of the public record; and if water shall be sold by the board of county commissioners from any such well as hereinafter authorized, said person shall keep a record of all sales of water. The board of county commissioners may fix, charge and collect a reasonable fee for water delivered to users from any drought-relief well drilled, constructed or obtained under the provisions of this act. Said moneys when collected shall be paid into the county treasury and the county treasurer shall credit the same to a special fund which shall only be used for the purpose of paying the costs of the maintenance and operation of said well and for the construction of any new well when necessary.
History:
L. 1941, ch. 6, § 2; L. 1963, ch. 196, § 1; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 30 - Drought-relief Machinery And Equipment › 19-3003 Duties of county commissioners.

19-3003.
Duties of county commissioners.
The boards of county commissioners in the various counties of the state are hereby authorized to sponsor or direct activities for digging wells for drought-relief and other activities for water conservation and emergency water supplies.
History:
L. 1941, ch. 6, § 3; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 30 - Drought-relief Machinery And Equipment › 19-3004 Renting of county equipment; tax levy for unpaid amounts.

19-3004.
Renting of county equipment; tax levy for unpaid amounts.
Said boards of county commissioners are authorized, in addition to the authority granted in K.S.A. 68-141a, to rent or hire to owners of land in the county for drought-relief purposes, county trucks, machinery and equipment, under supervision of its operators or employees and upon the agreement of said person to pay into the treasury of said county for credit to proper funds of said county, the amount charged for use of the equipment. All such unpaid amounts outstanding on September 1 of each year shall become a lien upon the entire contiguous tract of land owned by such person upon which said works were performed, and the county clerk shall spread upon the tax roll prepared by him, the balance of the amount due as shown by statement supplied by its operator, and the amount of said lien shall be collected as other taxes.
History:
L. 1941, ch. 6, § 4; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 31 - Cemeteries › 19-3101 Ordinance; donation of cemetery land.

19-3101.
Ordinance; donation of cemetery land.
(a) The governing body of any city may donate and convey to the county in which such property is located any lands or property which it has acquired for cemetery purposes or which is now being used as a cemetery by such city. Such donation and conveyance shall be made by the passage of an ordinance by the governing body of such city. The board of county commissioners of any such county may accept such donation and conveyance by the adoption of a resolution by the board of county commissioners providing for such acceptance.
(b) The township board of any township may donate and convey to the county in which such property is located any lands or property which the township has acquired for cemetery purposes or which is now being used as a cemetery by such township. Such donation and conveyance shall be made by the adoption of a resolution by the township board. The board of county commissioners of any such county may accept such donation and conveyance by the adoption of a resolution by the board of county commissioners providing for such acceptance.
History:
L. 1941, ch. 173, § 1; L. 2003, ch. 145, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 31 - Cemeteries › 19-3103 Payment of collected tax moneys to county.

19-3103.
Payment of collected tax moneys to county.
Upon acceptance of such property by the board of county commissioners, all cemeteries and cemetery property donated and conveyed to the county under the provisions of K.S.A. 19-3101, and amendments thereto, shall become the property of the county and shall be used for cemetery purposes. If at the time of the conveyance of any such cemetery lands or property to the county, any city or township shall have on hand any tax moneys which were levied for the purpose of paying for the maintenance and care of the cemetery so donated and conveyed, the governing body of such city or township shall pay the same into the county general fund and shall be used for the same purposes as the tax levy authorized by K.S.A. 19-3105, and amendments thereto.
History:
L. 1941, ch. 173, § 3; L. 2003, ch. 145, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 31 - Cemeteries › 19-3104 Care and maintenance by county; purchase of adjoining lands; eminent domain.

19-3104.
Care and maintenance by county; purchase of adjoining lands; eminent domain.
Lands acquired for cemetery purposes under the provisions of this act by the county shall be under the control of the board of county commissioners and such board shall have full power to make and enforce all necessary rules and regulations pertaining to the custody, control and care of the cemetery and to determine and collect the price to be paid for lots therein: Provided, That all funds arising from the sale of lots in any cemetery so acquired shall be applied solely to the care and maintenance of such cemetery. The board shall have power to purchase land adjoining any such cemetery whenever in their judgment the same is needed for cemetery purposes. If the board of county commissioners cannot agree with the owner as to the price to be paid for any such land, condemnation procedure may be instituted by said board and prosecuted in the name of the county under the provisions of the law in similar cases.
History:
L. 1941, ch. 173, § 4; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 31 - Cemeteries › 19-3105 Maintenance and care of cemetery; additional land; tax levy, use of proceeds.

19-3105.
Maintenance and care of cemetery; additional land; tax levy, use of proceeds.
The board of county commissioners is hereby authorized to make an annual tax levy on all taxable tangible property of the county for the purpose of providing a fund to be used for the maintenance and care of any cemetery acquired under the provisions of this act and for the purpose of obtaining additional land for any such cemetery and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.
History:
L. 1941, ch. 173, § 5; L. 1970, ch. 100, § 25; L. 1979, ch. 52, § 122; L. 1999, ch. 154, § 36; May 27.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 31 - Cemeteries › 19-3106 Abandoned or uncared for cemeteries or burial places; tax levy, use of proceeds.

19-3106.
Abandoned or uncared for cemeteries or burial places; tax levy, use of proceeds.
In any county in this state in which there is located a cemetery or other burial place in which three or more human bodies have been interred, and which cemetery or burial place has been abandoned and not cared for, for a period of at least five years, the board of county commissioners of the county is hereby authorized to provide for the care of such cemetery or burial place. For the purpose of providing funds for such care and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, the board of county commissioners is authorized to make an annual tax levy on all taxable tangible property of the county.
History:
L. 1949, ch. 221, § 1; L. 1970, ch. 100, § 26; L. 1979, ch. 52, § 123; L. 1999, ch. 154, § 37; May 27.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 31 - Cemeteries › 19-3107 Uncared for cemeteries or burial places; tax levy, use of proceeds.

19-3107.
Uncared for cemeteries or burial places; tax levy, use of proceeds.
In any county in which there is located a cemetery or other burial place in which ten (10) or more human bodies have been interred and which cemetery or burial place has not been cared for, for a period of the last five years, the board of county commissioners of said county is hereby authorized to provide for the care of such cemetery or burial place. For the purpose of providing funds for such care and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, said board may make an annual tax levy on all taxable tangible property of said county.
History:
L. 1951, ch. 233, § 1; L. 1970, ch. 100, § 27; L. 1975, ch. 162, § 24; L. 1977, ch. 99, § 1; L. 1979, ch. 52, § 124; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 33 - Flood Control › 19-3301 Counties in which federal agencies authorized to construct certain works; powers of county commissioners.

19-3301.
Counties in which federal agencies authorized to construct certain works; powers of county commissioners.
That in any county of the state of Kansas in which the corps of engineers of the United States army or other department or agency of the federal government shall be authorized by the congress to construct works for the prevention, control, or mitigation of floods or flood hazards upon or along any river or the tributaries thereof, lying or situate within said county, the board of county commissioners thereof shall, if in their opinion the said construction is necessary for the public welfare, have the power and they are hereby authorized to:
(a) Enter into an undertaking in the name of the county to hold the United States of America free from any damage to persons or property resulting during construction or after the completion thereof,
(b) to contract with the federal government in the name of the county that when said work is completed the said county will maintain, keep in repair, and operate such flood control works,
(c) to furnish all necessary lands, rights-of-way and easements, as provided in K.S.A. 19-3302, and any amendments thereto, and
(d) to regulate excavations in the vicinity of such flood control works as provided in K.S.A. 19-3309 and 19-3310.
History:
L. 1945, ch. 391, § 1; L. 1955, ch. 168, § 1; L. 1971, ch. 93, § 1; April 19.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 33 - Flood Control › 19-3302 Eminent domain.

19-3302.
Eminent domain.
That in any county, such as described in K.S.A. 19-3301, where it is required by the federal government as a condition to the construction of any flood control works as provided in this act, that the said county furnish the necessary lands, rights of way, or easements therefor, the board of county commissioners of said county is hereby authorized and empowered to acquire such lands, rights of way, or easements as may be necessary and said board is hereby authorized and empowered to acquire the same by purchase or by gift or by the exercise of the right of eminent domain, and there is hereby conferred upon the board of county commissioners, of such county the right of eminent domain to be exercised in the manner prescribed by article 2 of chapter 26 of the Kansas Statutes Annotated, and acts amendatory thereof or supplemental thereto.
History:
L. 1945, ch. 391, § 2; June 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 33 - Flood Control › 19-3303 Acquisition of property or easements; bonds; limitations; installments.

19-3303.
Acquisition of property or easements; bonds; limitations; installments.
Whenever in such county it shall be necessary to acquire any lands, rights of way, or easements under the provisions of this act, the cost thereof and expenses connected therewith shall be defrayed by the issuance of general obligation bonds of the county, to be issued by the board of county commissioners of such county without the necessity of an election, either in one issue or in separate issues from time to time as may be necessary and as determined by the board of county commissioners of said county, the proceeds thereof to be used for such purposes and no other, except as herein otherwise provided. The aggregate of any such bonds issued under this act or under any act of which this act is amendatory shall not be in excess of one percent of the assessed valuation of the county. All bonds issued under the provisions of this act shall mature in equal annual installments over a period of not more than fifteen (15) years and it shall be the duty of the county commissioners of such county to make an annual levy on all the taxable property in such county for the retirement of the principal and interest thereof as the same shall become due. The bonds provided for in this act shall not be subject to nor included in any restrictions or limitations upon the amount of bond indebtedness of said county contained in any other law now affecting said county.
History:
L. 1945, ch. 391, § 3; L. 1953, ch. 156, § 1; L. 1978, ch. 99, § 28; April 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 33 - Flood Control › 19-3304 Loss, damage or expense to county; insurance.

19-3304.
Loss, damage or expense to county; insurance.
That any loss, damage or expense for which the county or the board of county commissioners may be liable by reason of having entered into an indemnity agreement or undertaking to protect and defend the federal government against loss or damage resulting from or growing out of such flood control work may be paid for by said county from any funds on hand received from the sale of the bonds issued under the provisions of this act: Provided, That said board may for the purpose of saving and protecting the county from any such loss, damage or expense, apply for and purchase from any insurance or indemnity company authorized to transact business in this state, an insurance or indemnity policy or policies of insurance and pay the cost of obtaining the same from any funds received from the sale of bonds issued under the provisions of this act.
History:
L. 1945, ch. 391, § 4; June 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 33 - Flood Control › 19-3305 Maintenance and operation; tax levy, use of proceeds.

19-3305.
Maintenance and operation; tax levy, use of proceeds.
For the purpose of maintaining and operating such flood control works as shall be constructed by the United States army corps of engineers or other agency of the United States government, when the same shall have been completed and turned over to the county and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, the board of county commissioners of such county shall be empowered to make an annual tax levy upon all of the taxable tangible property within the county. It shall be the duty of the board of county commissioners and the county engineer to keep all such flood control works in serviceable condition and to make such repairs as, from time to time, may be necessary.
History:
L. 1945, ch. 391, § 5; L. 1970, ch. 100, § 28; L. 1979, ch. 52, § 125; L. 1999, ch. 154, § 38; May 27.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 33 - Flood Control › 19-3306 Contracts for maintenance, repair or operation.

19-3306.
Contracts for maintenance, repair or operation.
That for the purpose of carrying out any of the provisions of this act, the board of county commissioners are hereby authorized to enter into agreements with the United States of America or any department or agency thereof and with any city or drainage district, or other county or body politic, as well as with any person, firm or individual whenever it shall be necessary as a condition to the construction of flood control works hereunder, and for the maintenance, repair or operation thereof.
History:
L. 1945, ch. 391, § 6; June 28.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 33 - Flood Control › 19-3308 Powers as to roads, bridges and culverts; bonds; limitation.

19-3308.
Powers as to roads, bridges and culverts; bonds; limitation.
That in any county engaging in flood control works under the provisions of article 33 of chapter 19 of the Kansas Statutes Annotated, the board of county commissioners may, by order of such board, lay out, relocate, alter, widen, vacate or construct such roads or highways, and build, alter, remove or replace such bridges or culverts, as the board of county commissioners may deem necessary or advisable in connection with such flood control works. All land required for the purposes herein stated shall be acquired by the board of county commissioners in the manner provided in K.S.A. 68-114: Provided, That general obligation bonds of the county may be issued as provided in article 33 of chapter 19 of the Kansas Statutes Annotated, and the proceeds thereof used to pay for such land and the costs, expenses and other charges occasioned by operations authorized in this act; but in no event shall the aggregate of bonds issued by any such county under the provisions of article 33 of chapter 19 of the Kansas Statutes Annotated, exceed, for all purposes, the amount therein provided of one percent of the assessed valuation of the county.
History:
L. 1949, ch. 218, § 1; L. 1953, ch. 156, § 2; April 8.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 33 - Flood Control › 19-3309 Regulation of excavation; permits; appeal.

19-3309.
Regulation of excavation; permits; appeal.
No excavation shall be made or commenced within one thousand (1,000) feet landward or riverward of the center line of any portion of a flood control works constructed under the provisions of chapter 19, article 33 of the Kansas Statutes Annotated without first obtaining a permit. Permits requested of the county shall be reviewed by the county engineer. If he determines that the proposed excavation shall be detrimental or will impair or endanger the function of any flood protection works, permission for such excavation shall be denied. If he determines that a restricted or conditional permit for excavation can be granted to the applicant which will not be detrimental or will not impair or endanger the function of such flood protection works he shall issue such restricted or conditional permit. If he determines that no impairment of or danger to such flood protection works will occur as a result of such excavation he shall issue a permit to the applicant. The issuance of any permits hereunder shall not authorize the violation of any existing zoning laws or building codes.
Any person feeling aggrieved by the determination of the county engineer may appeal his decision in writing to the board of county commissioners within ten (10) days of the determination and the board after a public hearing shall have authority to affirm, reverse or modify the determination.
History:
L. 1971, ch. 93, § 2; April 19.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 33 - Flood Control › 19-3310 Penalty for failure to obtain permit.

19-3310.
Penalty for failure to obtain permit.
Failure to obtain such permit from the proper authority prior to commencing excavation or excavating contrary to the authorization of such a permit is a class B misdemeanor.
History:
L. 1971, ch. 93, § 3; April 19.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3419 Counties with a population of more than 125,000; appointment of election commissioner, term, removal; search committee for filling vacancies; qualifications, oath.

19-3419. Counties with a population of more than 125,000; appointment of election commissioner, term, removal; search committee for filling vacancies; qualifications, oath.
In counties of this state having a population exceeding 125,000, as certified to the secretary of state by the director of the division of the budget on the previous July 1 in accordance with K.S.A. 11-201, and amendments thereto, or as otherwise determined pursuant to K.S.A. 11-202, and amendments thereto, there shall be an office of commissioner of elections that shall be administered by an election commissioner. The election commissioner shall be appointed by the secretary of state and shall hold office for a term of four years and until a successor is appointed and qualified. The secretary, in consultation with the chairperson of the board of county commissioners for the county where an election commissioner is to be appointed, shall form a search committee to identify, interview and recommend to the secretary at least three candidates for the position of election commissioner. Such search committee shall include the chairperson of the board of county commissioners for such county, or a county commissioner for such county as designated by the chairperson, a representative of such county's human resources department and three representatives of the secretary of state's office. The secretary of state may remove the election commissioner for official misconduct. Upon occurrence of a vacancy in the office of county election commissioner, the secretary of state shall appoint a successor. If the vacancy occurs before the expiration of a term of office, the appointment shall be for the unexpired term. Such election commissioner shall have been a resident of the state at least two years prior to appointment. Within 10 days after receiving official notice of the appointment and before entering upon the duties of the office, the election commissioner shall take, subscribe and cause to be filed in the office of the secretary of state an oath of office for the faithful discharge of official duties. The election commissioner shall be a resident of the county on the day such election commissioner files the oath of office.
History:
L. 1947, ch. 203, § 1; L. 1949, ch. 207, § 1; L. 1951, ch. 274, § 12; L. 1953, ch. 157, § 1; L. 1955, ch. 169, § 1; L. 1957, ch. 191, § 1; L. 1959, ch. 187, § 15; L. 1961, ch. 213, § 1; L. 1963, ch. 238, § 1; L. 1965, ch. 181, § 1; L. 1969, ch. 159, § 1; L. 1982, ch. 347, § 13; L. 2023, ch. 79, § 11; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3419a Salaries and car allowance of election commissioners.

19-3419a. Salaries and car allowance of election commissioners.
The election commissioners in any county shall receive a salary in an amount to be fixed by resolution of the board of county commissioners of the county. Such salary shall be an annual salary payable in equal monthly installments or in the manner as other county officers and employees.
The election commissioner shall receive a car allowance in an amount to be fixed by resolution of the board of county commissioners.
History:
L. 1969, ch. 160, § 1; L. 1972, ch. 153, § 28; L. 1973, ch. 175, § 37; L. 1974, ch. 361, § 6; L. 1976, ch. 380, § 1; L. 2018, ch. 59, § 4; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3420 Assistant election commissioners; appointment, salary; expenses.

19-3420. Assistant election commissioners; appointment, salary; expenses.
The election commissioner may appoint one or more assistants, known as assistant election commissioners, who shall receive an annual salary to be fixed by the election commissioner, consistent with the compensation policies and pay plan adopted by the board of county commissioners, and shall be paid in the same manner as other county officers and employees. In addition, the election commissioner may hire additional staff as may be needed to effectively operate the office of election commissioner and to conduct the elections required by law, subject to the adopted policies and procedures of the board of county commissioners. Such staff shall be paid and provided employment benefits in the same manner as other county employees.
History:
L. 1947, ch. 203, § 2; L. 1949, ch. 207, § 2; L. 1953, ch. 212, § 14; L. 1955, ch. 169, § 2; L. 1957, ch. 245, § 20; L. 1961, ch. 213, § 2; L. 1963, ch. 238, § 2; L. 1965, ch. 181, § 2; L. 1968, ch. 259, § 1; L. 1969, ch. 160, § 2; L. 2018, ch. 59, § 5; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3421 Location of office.

19-3421.
Location of office.
The election commissioner shall maintain his office in suitable and convenient quarters in the courthouse or in some other place, to be provided by the board of county commissioners.
History:
L. 1947, ch. 203, § 3; L. 1953, ch. 157, § 2; January 1, 1954.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3422 Transfer of election powers and duties to election commissioner.

19-3422. Transfer of election powers and duties to election commissioner.
All the jurisdiction, powers and duties now or hereafter conferred by law upon the county clerks and city, school and township officers relating to the conduct, supervision and control of elections, are hereby withdrawn from such county clerks and city, school and township officers in all counties having a population of more than 125,000, as certified to the secretary of state by the director of the division of the budget on the previous July 1 in accordance with K.S.A. 11-201, and amendments thereto, or as otherwise determined pursuant to K.S.A. 11-202, and amendments thereto, and such jurisdiction, powers and duties are conferred upon the election commissioner appointed as provided in K.S.A. 19-3419, and amendments thereto. All laws of the state relating to the registration, qualification, challenging and voting of electors at any election in any such county are conferred upon and made applicable to the county election commissioner.
History:
L. 1947, ch. 203, § 4; L. 1968, ch. 406, § 54; L. 2023, ch. 79, § 12; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3423 General authority; seal.

19-3423.
General authority; seal.
(a) Election commissioners shall procure a seal of office, properly inscribed, and shall authenticate all official acts of the commissioner with such seal. The commissioner shall have full and complete power and authority over all elections in the county and shall see that such elections are conducted according to law.
(b) The election commissioner and assistant election commissioner shall have the general powers of a notary public in the performance of all notarial acts.
History: L. 1947, ch. 203, § 5; L. 1968, ch. 406, § 55; L. 1998, ch. 81, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3426 Boundaries of wards and precincts; availability of description; publication of changes.

19-3426.
Boundaries of wards and precincts; availability of description; publication of changes.
The election commissioner shall proclaim the boundaries of all wards and election precincts in the county. The description of such boundaries shall during all regular business hours be available for inspection in the office of the election commissioner. When any such boundaries are changed by the election commissioner, such changes shall be published once in the official paper of the county. Such publication shall be made at least 30 days prior to any election.
History:
L. 1947, ch. 203, § 8; L. 1981, ch. 124, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3434 Conduct of elections; cooperation.

19-3434.
Conduct of elections; cooperation.
The purpose of this act is to take from the county clerks, city, school and township officers, in the counties to which this act applies, all power and authority now exercised by them in relation to the supervision, conduct and control of elections within each county to which this act applies, and it is hereby made the duty of all public officials to cooperate fully with the election commissioner in response to any written request made to them by said election commissioner to the end that the declared purposes of this act be made fully effective.
History: L. 1947, ch. 203, § 16; L. 1968, ch. 406, § 57; April 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3435 Same; how salaries and expenses paid.

19-3435.
Same; how salaries and expenses paid.
That the salaries and expenses of the office of the election commissioner as in this act provided, the cost of printing and distributing the ballots and all other expenses connected with county-wide elections whether primary, general or special elections, in counties having an election commissioner, shall be paid by the county. The expense of all drainage district elections shall be paid by the drainage district holding such election from the general fund of such drainage district.
History: L. 1947, ch. 203, § 17; L. 1949, ch. 207, § 8; L. 1961, ch. 198, § 1; L. 1965, ch. 184, § 1; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3435a Election commissioner; salaries and expenses of office; tax levy, use of proceeds.

19-3435a.
Election commissioner; salaries and expenses of office; tax levy, use of proceeds.
The board of county commissioners in any county having an election commissioner, is hereby authorized to make a tax levy in each year, in such amount as may be necessary in order to provide the necessary fund for the payment of the salaries and expenses of the office of the election commissioner and of election expenses as provided for in K.S.A. 19-3435 and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. Said tax levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to nor within the aggregate tax levy limit prescribed by K.S.A. 79-1947, or acts amendatory thereof.
History:
L. 1961, ch. 198, § 2; L. 1965, ch. 184, § 2; L. 1979, ch. 52, § 127; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3436 Transfer and delivery of books and records.

19-3436.
Transfer and delivery of books and records.
All files, books, records, papers, documents and data of every kind in any way pertaining to elections and necessary to the proper administration of election and voter registration and now under the jurisdiction and control of the city or school officers or the county clerk in any county to which this act applies shall be transferred and delivered over to the election commissioner appointed hereunder.
History: L. 1947, ch. 203, § 18; L. 1968, ch. 406, § 58; April 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3437 Establishment and changing of ward and precinct boundaries in Johnson county.

19-3437.
Establishment and changing of ward and precinct boundaries in Johnson county.
Notwithstanding the provisions of any statute to the contrary, in any county which has been declared by K.S.A. 19-2654 to be an urban area, all precinct boundary lines shall be established and may be changed from time to time, exclusively by the election commissioner of any such county. No precinct shall be divided by a ward boundary line, and if any ward territory is changed, under the provisions of this act, such that a precinct is divided by a ward boundary line, such county election commissioner shall change the boundaries of such precincts in accordance with this act within one (1) year.
History:
L. 1969, ch. 161, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3438 Same; limitations; procedure.

19-3438.
Same; limitations; procedure.
Boundary lines of wards within the territory of any city shall be changed not more often than once each year at a time which will not interfere with any election procedure. Ward boundary lines within cities shall be changed only by the governing body of the city by ordinance duly enacted; in the event that any ward is established outside of a city, its boundaries shall be prescribed by order of the county election commissioner, which orders shall be published one time in the official county paper. In the event that the governing body of any city adopts an ordinance under the provisions of this act such that any election will be interefered with, the county election commissioner shall notify such governing body and the secretary of state. The governing body of such city shall immediately repeal such ordinance, and upon such repeal, ward boundary lines in such city shall exist as before the ordinance repealed was adopted. In the event that any such city fails to repeal such an ordinance, the secretary of state shall issue an order nullifying such ordinance, if in the opinion of the secretary of state, an election will be interfered with. Any such order shall be directed to the county election commissioner and the governing body of such city.
History:
L. 1969, ch. 161, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 34 - Election Commissioners › 19-3439 Establishment and change of precinct boundaries in counties where an election commissioner has been appointed; effect of city's proposed annexation ordinance on elections; delay of ordinance's effective date by county election officer; appeal by city.

19-3439. Establishment and change of precinct boundaries in counties where an election commissioner has been appointed; effect of city's proposed annexation ordinance on elections; delay of ordinance's effective date by county election officer; appeal by city.
Notwithstanding the provisions of any statute to the contrary, in any county where an election commissioner has been appointed all precinct boundary lines shall be established and may be changed from time to time, exclusively by the election commissioner of any such county. No precinct shall be divided by a ward boundary line. Whenever the governing body of any city proposes to adopt an annexation ordinance, at least seven days prior to such adoption, the governing body shall notify the county election officer by transmitting a copy of the proposed ordinance to such officer, together with a statement of the date the proposed ordinance, if passed, will take effect in accordance with the provisions of K.S.A. 12-523, and amendments thereto. If the county election officer is of the opinion that the date such ordinance takes effect will materially interfere with any election, such officer shall so certify, stating the reasons therefor, to the governing body of such city and deliver a copy of such certificate to the secretary of state. Whenever any such certificate is filed with the governing body of a city and the secretary of state, the ordinance to which it applies shall not take effect until the day after the election with which it will interfere, and if such an ordinance will materially interfere with the primary statewide election in the opinion of the county election officer, such ordinance shall not take effect until the day after the statewide general election. In the event that the governing body of any city that receives a certificate under this section is aggrieved thereby because the reasons for the opinion of the county election officer are deemed incorrect or insufficient, such governing body may appeal the decision to the district court. In any such case the district court shall advance the appeal for immediate determination as the public interest may require. A copy of any such appeal shall be filed with the secretary of state at the time the appeal is made, and the secretary of state shall file a statement of position with respect to the matter in controversy with the district court.
History:
L. 1972, ch. 85, § 1; L. 2023, ch. 79, § 14; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3501 Definitions.

19-3501.
Definitions.
As used in this act:
(a) "County commissioners," "county clerk," and "register of deeds" mean, respectively, board of county commissioners, county clerk and register of deeds of the county in which the greatest portion of the territory of any existing or proposed water district is located, unless otherwise specifically indicated;
(b) "commission" means the survey commission;
(c) "board" or "district board" or "governing body" means the water district board;
(d) "district" means water district; and
(e) "water utility" means any water district organized under this act, any city or rural water district or any public water utility operating under a certificate of convenience and necessity issued by the state corporation commission, whether such public water utility is privately or publicly owned.
History:
L. 1951, ch. 240, § 1; L. 1985, ch. 100, § 1; July 1.