reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2035 Definitions.

12-2035. Definitions.
As used in this act:
(a) "Municipality" means any county, city, township and other political subdivision or taxing subdivision including any board, bureau, commission, committee or other agency having authority to create, regulate or otherwise impact the delivery of collection services.
(b) "Organized collection service" means a system for collecting solid waste, recyclables or both, including franchise, organized collection, or a process in which a municipality goes from multiple haulers to one single contracted hauler in which a specified collector, or a member of an organization of collectors, is authorized to collect from a defined geographic service area or areas some or all of the solid waste or recyclables that is released by generators.
(c) "Recyclables" has the meaning as the term is defined by K.S.A. 65-3402, and amendments thereto.
(d) "Solid waste" has the meaning as the term is defined by K.S.A. 65-3402, and amendments thereto.
History:
L. 2011, ch. 79, § 2; May 19.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 20 - Franchises › 12-2037 Application of act; exclusions.

12-2037. Application of act; exclusions.
(a) This act* shall be applied to all municipalities regardless of the stage of development of an organized collection system.
(b) The provisions of this act shall not apply to the collection of waste tires as defined by K.S.A. 65-3424(m), and amendments thereto, from any facility for the purpose of recycling or disposal.
History:
L. 2011, ch. 79, § 4; May 19.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 21 - Refuse Collection And Disposal › 12-2101 Refuse defined.

12-2101.
Refuse defined.
Refuse, for the purposes of this act, shall include garbage and trash, and garbage and trash are defined as follows:
1. "Garbage": Wastes from the preparation, cooking, and consumption of food; market refuses, waste from the handling, storage, and sale of produce.
2. "Trash": (a) Combustible: Paper, cartons, boxes, barrels, wood and excelsior, tree branches, yard trimmings, wood furniture, bedding. (b) Noncombustible: Metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other mineral refuse. (c) Ashes: Residue from fires used for cooking and for heating buildings. (d) Street rubbish: Street sweepings, dirt, leaves, catch-basin dirt, contents of litter receptacles. (e) Dead animals: Provided, Trash shall not include: Earth and wastes from building operations, solid wastes resulting from industrial processes and manufacturing operations, such as: Food-processing wastes, boilerhouse cinders, lumber, scraps and shavings: Provided, The governing body of a city may by ordinance limit or extend these definitions and may give interpretations to words or phrases.
History:
L. 1947, ch. 128, § 1; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 21 - Refuse Collection And Disposal › 12-2102 Collection and disposal under contract or as municipal function; conditions as to certain cities of more than 120,000 population; facilities.

12-2102.
Collection and disposal under contract or as municipal function; conditions as to certain cities of more than 120,000 population; facilities.
The governing body of any city may provide for the collection and disposal of garbage or trash or both of them and in doing so may provide for the collection and disposal of either one or both by contract or either one or both as a municipal function and any contract may be for not more than ten (10) years and such contract shall not be considered as being in conflict with the cash basis and budget laws: Provided, That any such contract may be for not more than twenty (20) years by any city of the first class having the commission form of government with three commissioners elected for terms of four years and a population in excess of one hundred twenty thousand (120,000), and any change in form of government or number or terms of commissioners or population shall not affect the power of any city qualifying at the time this act takes effect in the exercise of this power hereafter. If the city collects and disposes of garbage or trash or both as a municipal function it shall have power to purchase all necessary equipment, acquire all necessary land, build any necessary buildings, incinerators or other structures, to lease land or otherwise acquire the right to use land for the disposal of garbage or trash or both, and to do all other things necessary to a proper, effective, and sanitary disposal of garbage and trash: Provided, That garbage which may be disposed of through a sewage disposal plant may be disposed of through the sewage disposal plant rather than by burning, burying, or feeding or other disposal.
History:
L. 1947, ch. 128, § 2; L. 1965, ch. 111, § 1; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 21 - Refuse Collection And Disposal › 12-2103 Ordinance describing duties.

12-2103.
Ordinance describing duties.
When the governing body decides to provide for the collection and disposal of garbage or trash or both by contract or as a municipal function it shall pass an ordinance describing the duties of persons, householders, business establishments, industrial and manufacturing plants and others as regards garbage and trash and may prohibit others than the contractor or city from making collections.
History:
L. 1947, ch. 128, § 3; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 21 - Refuse Collection And Disposal › 12-2104 Payment of cost of refuse collection; tax levy, use of proceeds; service charges; issuance of bonds for land or equipment; protest petition and election.

12-2104.
Payment of cost of refuse collection; tax levy, use of proceeds; service charges; issuance of bonds for land or equipment; protest petition and election.
The governing body may: (a) Pay the cost out of the general fund or other proper fund or may levy an annual tax upon all taxable tangible property in the city to pay the cost and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto; (b) provide service charges to be paid by those receiving service, which charges may be graduated according to the amount of garbage or trash of the party receiving the service and the frequency of collection, with penalties for failure to pay when due; or (c) pay a part of the expense out of the general fund or other proper fund and by such a tax levy and the rest by service charges. When service is provided as a municipal function and funds are insufficient for the purchase of equipment, the acquiring of land and the construction of buildings, incinerators or other structures, bonds may be issued payable by a general tax or by revenue from service charges, but no bonds shall be issued until a resolution is adopted by the governing body providing for the issue thereof and the same is published once each week for two consecutive weeks in the official city newspaper. After the adoption of such resolution such bonds may be issued unless a petition in opposition to the same, filed by not less than 5% of the electors of such city, is filed with the county election officer within 30 days following the publication of the resolution. If such petition is filed, the governing body shall submit the question to the voters at an election called for such purpose or at the next general city election. If authorized by the favorable vote of a majority of those voting on the proposition at the election, such bonds may be issued.
History:
L. 1947, ch. 128, § 4; L. 1968, ch. 93, § 1; L. 1968, ch. 340, § 1; L. 1970, ch. 69, § 12; L. 1975, ch. 494, § 13; L. 1979, ch. 52, § 53; L. 1981, ch. 173, § 29; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 21 - Refuse Collection And Disposal › 12-2105 Collection of service charges.

12-2105.
Collection of service charges.
A contract for collection and disposal may provide that the contractor shall collect the service charges if service charges are provided, or may provide that the city shall collect the service charges and pay the contractor the amount specified in the contract.
History:
L. 1947, ch. 128, § 5; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 21 - Refuse Collection And Disposal › 12-2106 No service charge, when; ordinance prohibiting accumulation or transportation.

12-2106.
No service charge, when; ordinance prohibiting accumulation or transportation.
Parties having no garbage or trash shall not be required to pay any service charge: Provided, The governing body may pass ordinances prohibiting the accumulation of garbage and trash other than as specified to the end that the city may be kept clean and sanitary, and may prohibit the owners of garbage and trash from transporting it along the streets or disposing of it in a manner causing a nuisance or in unsightly and insanitary ways.
History:
L. 1947, ch. 128, § 6; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 21 - Refuse Collection And Disposal › 12-2110 City may regulate and license collectors.

12-2110.
City may regulate and license collectors.
The governing body of any city which provides no refuse or solid waste collection and disposal service as herein specified or as authorized by K.S.A. 65-3410 may regulate and license garbage or trash collectors, or both, and limit the number of licenses and pass ordinances as authorized by K.S.A. 12-2106 and 65-3410.
History: L. 1947, ch. 128, § 10; L. 1973, ch. 68, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 21 - Refuse Collection And Disposal › 12-2111 Purpose of act.

12-2111.
Purpose of act.
It is the purpose of this act to enable cities to prevent insanitary and dangerous conditions caused by the accumulation of garbage and trash. Nothing herein shall limit the existing power of cities to prohibit and abate nuisances.
History:
L. 1947, ch. 128, § 11; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 21 - Refuse Collection And Disposal › 12-2122a Contracts for refuse collection.

12-2122a.
Contracts for refuse collection.
Any contracts currently in force, entered pursuant to the provisions of K.S.A. 12-2112 to 12-2122, inclusive, and amendments thereto, shall continue in force and effect as if entered into under the interlocal cooperation act, K.S.A. 12-2901 et seq., and amendments thereto.
History:
L. 1995, ch. 165, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 21 - Refuse Collection And Disposal › 12-2123 Acquisition of refuse or solid waste disposal sites by cities; eminent domain; bonds.

12-2123.
Acquisition of refuse or solid waste disposal sites by cities; eminent domain; bonds.
(a) Whenever the governing body of any city finds and determines by resolution that it is necessary to acquire a site or sites for the disposal of refuse or solid waste as defined by K.S.A. 65-3402, and amendments thereto, within or without the city, the city may acquire such site or sites by gift, purchase or condemnation and may construct necessary facilities thereon and purchase necessary equipment for the disposal of such refuse or solid waste. In the event the governing body of such city finds that it is necessary to acquire such site or sites by condemnation, the governing body of the city shall proceed under the provisions of K.S.A. 26-501 to 26-516 inclusive, and amendments thereto. Whenever any such city shall so condemn such a site or sites, said city shall acquire a fee simple title thereto. In order to pay for such site or sites and the construction of all such necessary facilities and equipment to be used in the disposal of refuse or solid waste, the governing body of such city is authorized to issue general bonds of the city in the manner provided by law for the issuance of general improvements bonds of the city.
(b) Any site or sites acquired pursuant to this section, and any facilities or equipment thereon, shall be subject to all permit and other requirements of the solid waste management laws of this state.
History:
L. 1953, ch. 71, § 1; L. 1963, ch. 234, § 25; L. 1973, ch. 68, § 2; L. 1997, ch. 140, § 13; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 22 - Parking Stations › 12-2201 Off-street parking stations in first-class and second-class cities.

12-2201.
Off-street parking stations in first-class and second-class cities.
It is hereby declared that the off-street parking is an integral part of the regulation of traffic and that all cities of the first and second class may establish such parking in accordance with the following provisions of this act.
History:
L. 1949, ch. 120, § 1; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 22 - Parking Stations › 12-2202 Same; acquisition and improvement; payment; bonds; revenues; charges.

12-2202.
Same; acquisition and improvement; payment; bonds; revenues; charges.
Any city of the first or second class may acquire by donation, purchase or condemnation real estate for off-street parking stations, and may dispose of improvements thereon not appropriate to parking uses, if there be such, and may improve the site or sites by the necessary facilities, including buildings, for the off-street parking of vehicles to relieve parking congestion on the city streets. The governing body may exercise the authority herein granted if there is money in the current operating fund relating to highways, streets and alleys or in the parking meter fund which will not be necessary for current operations during any budget year. If there is no such money available or if there is not sufficient money available in any funds aforesaid, the governing body may submit the proposition of issuing general obligation bonds for such amount as may be necessary to acquire a site or sites and to make the necessary improvements for off-street parking facilities to an election as provided in K.S.A. 10-120, and any amendment thereto.
Revenue from parking meters, either from the off-street parking facilities or upon the streets, not needed for the purchase and maintenance of parking meters, regulation of parking and the operation of the off-street parking facilities, shall be used to pay on the bonds, but any lack of revenue from this source shall be supplemented by a general bond tax. The bonds shall be issued as provided by law. Off-street parking shall be free or for such charge or charges as shall be determined by the governing body to be collected either by parking meters or by attendants or otherwise and the revenue so derived shall be maintained in a revolving operating fund which need not be budgeted except that there shall be shown in the annual published budget the total amount received from each and all street parking and off-street parking facilities and the amount spent during each budget year and the purposes, including payments on bonds and interest, for which spent. Nothing in this act shall be deemed as affecting or repealing the provisions of K.S.A. 13-1374 to 13-1381, inclusive.
History:
L. 1949, ch. 120, § 2; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 22 - Parking Stations › 12-2203 Lease of public parking facilities by certain cities; duration and terms of lease.

12-2203.
Lease of public parking facilities by certain cities; duration and terms of lease.
Any city with a commission form of government and having a population of over 125,000 and less than 200,000 may lease public parking facilities for a term of not more than fifteen (15) years. In addition to such other terms as may be negotiated and agreed to, the lease shall provide that the lessee will offer the parking facilities for the use of the public or that such parking facilities will be used in conjunction with a place of public accommodation, such as hotels, motels or restaurants.
History:
L. 1971, ch. 57, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2515 Same; filing when signed.

12-2515.
Same; filing when signed.
The compact when signed by the signatories of each state as herein provided becomes binding upon the state of Kansas and shall be filed in the office of the secretary of state.
History:
L. 1957, ch. 198, § 2; April 17.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2516 Same; filling of vacancies.

12-2516.
Same; filling of vacancies.
Vacancies occurring in the office of a commissioner appointed to enter into the compact contained in K.S.A. 12-2514, and amendments thereto, shall be filled by appointment by the governor for the unexpired term.
History:
L. 1957, ch. 198, § 3; L. 1982, ch. 347, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2517 Same; approval by congress.

12-2517.
Same; approval by congress.
The Mo-Kan agency has the power to apply to the congress of the United States for its consent and approval of the compact. In the absence of the consent of congress and until consent is secured, the compact is binding upon the state of Kansas in all respects permitted by law for the two states of Missouri and Kansas without the consent of congress to cooperate, for the purposes enumerated in the compact and in the manner provided therein.
History:
L. 1957, ch. 198, § 4; April 17.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2518 Commissioners of Mo-Kan development agency; appointments; qualifications.

12-2518.
Commissioners of Mo-Kan development agency; appointments; qualifications.
The governor shall appoint, subject to confirmation by the senate as provided in K.S.A. 75-4315b, five commissioners of the Mo-Kan development agency created by compact between the states of Missouri and Kansas. All commissioners so appointed shall be qualified voters in the state and shall reside within the Mo-Kan metropolitan development district, and at least one member shall be appointed from each county located within such district.
History:
L. 1957, ch. 199, § 1; L. 1982, ch. 347, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2519 Same; terms of office.

12-2519.
Same; terms of office.
Each commissioner of the Mo-Kan development agency shall hold office for a term of four years and until a successor has been appointed and qualified.
History:
L. 1957, ch. 199, § 2; L. 1982, ch. 347, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2520 Same; vacancies.

12-2520.
Same; vacancies.
Vacancies occurring in the office of any commissioner of the Mo-Kan development agency shall be filled by appointment by the governor for the unexpired term.
History:
L. 1957, ch. 199, § 3; L. 1982, ch. 347, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2521 Same; compensation; expenses.

12-2521.
Same; compensation; expenses.
The commissioners shall serve without compensation but shall be entitled to be reimbursed for the necessary expenses incurred in the performance of their duties.
History:
L. 1957, ch. 199, § 4; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2522 Same; powers and duties.

12-2522.
Same; powers and duties.
The commissioners shall have the powers and duties and be subject to the limitations provided for in the compact entered into between the two states, and together with five (5) commissioners from the state of Kansas* shall form the Mo-Kan development agency.
History:
L. 1957, ch. 199, § 5; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2523 Same; advisory councils.

12-2523.
Same; advisory councils.
The commissioners shall confer with federal, state and municipal governing bodies within the district and any other body or agency having to do with district facilities and may, for the purpose of securing advice and information create an advisory council of representatives of business, labor and other civic groups within the district whose objectives shall include consideration of matters included in the compact.
History:
L. 1957, ch. 199, § 6; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2525 Same; filing when signed.

12-2525.
Same; filing when signed.
The compact when signed by the signatories of each state as herein provided shall become binding upon the state of Kansas and shall be filed in the office of the secretary of the state of Kansas.
History:
L. 1965, ch. 115, § 2; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2526 Same; approval of congress.

12-2526.
Same; approval of congress.
The authority shall have power to apply to the congress of the United States for its consent and approval of the compact; but in the absence of such consent of congress and until the same shall have been secured, the compact shall be binding upon the state of Kansas in all respects permitted by law for the two (2) states of Kansas and Missouri without the consent of congress to cooperate, for the purposes enumerated in the compact, and in the manner provided therein.
History:
L. 1965, ch. 115, § 3; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2527 Same; tax status of property owned or held and of securities issued.

12-2527.
Same; tax status of property owned or held and of securities issued.
All property, real and personal, owned or held by the Kansas City area transportation authority, and all interest income derived from any notes, bonds or other instruments in writing issued by said authority, shall possess the same status, with respect to taxation in the state of Kansas, as is now or may hereafter be possessed by property, real and personal, owned or held by cities, with said state of Kansas, and by the interest income derived from notes, bonds or other instruments in writing issued by such cities.
History:
L. 1965, ch. 115, § 4; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2528 Same; securities as lawful investment.

12-2528.
Same; securities as lawful investment.
Any notes, bonds or other instruments in writing issued by the Kansas City area transportation authority pursuant to the provisions of the aforesaid compact are hereby recognized to be securities in which all state and municipal officers and bodies, all banks, bankers, trust companies, savings banks, savings associations, building and loan associations, investment companies, and all other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who are now or who may hereafter be authorized to invest in bonds or other obligations of state of Kansas may properly and legally invest any funds, including capital, belonging to them, or within their control; and the said obligations are hereby recognized as securities which may properly and legally be deposited with and shall be received by any state or municipal officer or agency for any purpose for which the deposit of bonds or other obligations of this state is now or may hereafter be authorized.
History:
L. 1965, ch. 115, § 5; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2529 Commissioners of Kansas City area transportation authority; vacancies.

12-2529.
Commissioners of Kansas City area transportation authority; vacancies.
Any vacancy created in the Kansas City area transportation authority, created by compact between the states of Kansas and Missouri, shall be filled as follows:
Within thirty (30) days after a vacancy occurs in a commissioner position that was originally the appointment of the mayor of Kansas City, Kansas, a successor shall be appointed by the mayor of Kansas City, Kansas, with the approval of a majority of the members of the city commission of Kansas City, Kansas.
Within thirty (30) days after a vacancy occurs in a commissioner position that was originally the appointment of the governor, a successor shall be appointed by the board of county commissioners of the county from which the former commissioner was appointed.
History:
L. 1965, ch. 116, § 1; L. 1980, ch. 69, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2530 Same; qualifications.

12-2530.
Same; qualifications.
All commissioners so appointed shall be qualified voters of the state of Kansas and shall reside within the district established by the compact: Provided, however, That at no time shall more than three (3) commissioners reside within the same county.
History:
L. 1965, ch. 116, § 2; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2531 Same; term of office; term limitations.

12-2531.
Same; term of office; term limitations.
(a) Persons appointed to fill vacancies shall be nominated and appointed in the manner provided in K.S.A. 12-2529, and amendments thereto, for terms of four years each or for the unexpired terms of their predecessors.
(b) Each commissioner shall hold office until a successor has been appointed and qualified.
(c) (1) Subject to the provisions of paragraph (2), no person shall be appointed to more than two consecutive terms. A commissioner appointed to serve an unexpired term of more than two years may be appointed only to one additional consecutive four-year term.
(2) The provisions of paragraph (1) shall become effective upon the effective date of a law enacted in the state of Missouri which limits appointment of commissioners to no more than two consecutive terms.
(3) The provisions of this subsection (c) shall apply to terms of members commencing prior to and on and after the effective date of this act.
History:
L. 1965, ch. 116, § 3; L. 1980, ch. 69, § 2; L. 2000, ch. 60, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2532 Same; compensation and expenses.

12-2532.
Same; compensation and expenses.
Commissioners of the Kansas City area transportation authority attending meetings of such authority, or attending a subcommittee meeting thereof authorized by such authority, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223.
History:
L. 1965, ch. 116, § 4; L. 1974, ch. 348, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2533 Same; powers and duties.

12-2533.
Same; powers and duties.
The commissioners shall have the powers and duties and be subject to the limitations provided for in the compact entered into between the two states, and together with five (5) commissioners from the state of Missouri shall form the "Kansas City area transportation authority."
History:
L. 1965, ch. 116, § 5; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2534 Same; additional powers of the authority.

12-2534.
Same; additional powers of the authority.
In further effectuation of that certain compact between the states of Kansas and Missouri heretofore made and entered into on December 28, 1965, the Kansas City area transportation authority of the Kansas City area transportation district, created by and under the aforesaid compact, is authorized to exercise the following powers in addition to those heretofore expressly authorized by the aforesaid compact:
(1) To make all appointments and employ all its officers, agents and employees, determine their qualifications and duties and fix their compensation.
(2) To deal with and enter into written contracts with the employees of the authority through accredited representatives of such employees or representatives of any labor organization authorized to act for such employees, concerning wages, salaries, hours, working conditions, pension or retirement provisions, and insurance benefits.
(3) To provide for the retirement and pensioning of its officers and employees and the widows and children of the deceased officers and employees, and to provide for paying benefits upon disability or death of its officers and employees and to make payments from its funds to provide for said retirements, pensions and death or disability benefits.
History:
L. 1967, ch. 96, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2535 Kansas City area transportation district and authority; tax levy, use of proceeds; protest petition and election.

12-2535.
Kansas City area transportation district and authority; tax levy, use of proceeds; protest petition and election.
Any board of county commissioners participating as a member of the Kansas City area transportation district and the Kansas City area transportation authority, as established under K.S.A. 12-2514 to 12-2534, inclusive, and amendments thereto, is authorized to levy an annual tax not to exceed one-tenth of one (.10) mill on all taxable, tangible property in the county for the purpose of administering the Kansas City area transportation district and the Kansas City area transportation authority 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 and any levy heretofore made in accordance with this act and prior to the effective date of this act is hereby legalized and validated. Any resolution shall provide that if a petition in opposition to the levy, signed by not less than five percent (5%) of the qualified electors of such county, is filed with the county commissioners within forty (40) days after the publication of the resolution, the levy will not be made until first approved at a question submitted election which shall be called for that purpose or at the next general election. Such resolution shall be published once each week for two (2) consecutive weeks in a newspaper having general circulation in the county. In the event that no petition as specified above is filed in accordance with the provisions of such notice, the county commissioners may make the levy authorized in the resolution. If such a petition is filed as provided in such notice, the county commissioners may notify the county election official of the date of an election to be held to submit the question of whether such levy shall be authorized. All of the qualified electors in the county shall be entitled to vote at such election. If a majority of the votes cast and counted at such election is in favor of the resolution, the governing body may make the levy.
History:
L. 1970, ch. 75, § 1; L. 1979, ch. 52, § 55; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2537 Same; applicability of Kansas tort claims act.

12-2537.
Same; applicability of Kansas tort claims act.
The provisions of the Kansas tort claims act shall apply to the metropolitan culture district and to the Kansas members of the metropolitan culture district commission.
History:
L. 1991, ch. 232, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2538 Same; Kansas commissioners, expenses.

12-2538.
Same; Kansas commissioners, expenses.
Kansas members of the metropolitan culture district commission shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties as provided for in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History:
L. 1991, ch. 232, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 25 - Compacts Between Missouri And Kansas › 12-2540 Same; expiration upon nullification and voidance.

12-2540.
Same; expiration upon nullification and voidance.
The provisions of this act shall expire upon nullification and voidance of the Kansas and Missouri metropolitan culture district compact pursuant to either article IX or article X of the compact.
History:
L. 1991, ch. 232, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2615 Uninsured risks; payment of; funds.

12-2615.
Uninsured risks; payment of; funds.
(a) The governing body of any city, county or school district may pay the costs relating to any uninsured loss. The governing body of a city or county may pay such costs from the risk management reserve fund of the city or county. The board of education of any school district may pay such costs from the special reserve fund of the district. The resolution establishing such risk management reserve fund shall prescribe the purposes for which moneys in the fund may be used, and any expenditure therefrom shall require the approval of the governing body. Moneys may be paid into such risk management reserve fund or special reserve fund from any source which may be utilized for such purposes, including transfers from the general fund, from any special liability expense fund established in accordance with the provisions of K.S.A. 75-6110, and amendments thereto, or from any other fund or grant program account of the governmental unit in reasonable proportion to the estimated cost of self insuring the risk losses covered by such funds. Such funds shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In making the budget of such city, county or school district, the amounts credited to and the amount on hand in such reserve fund, and the amount expended therefrom, shall be included in the annual budget for the information of the residents. Interest earned on the investment of moneys in such reserve fund shall be credited to such fund.
(b) If the governing body of any city, county or school district determines on an actuarial basis that money which has been credited to such fund, or any part thereof, is no longer needed for the purposes for which it was established, the governing body may transfer such amount not needed to the funds or accounts from which the money was received. Any money so transferred shall be budgeted in accordance with the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto.
History:
L. 1980, ch. 145, § 2; L. 2003, ch. 116, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2616 Name and citation of act; application of K.S.A. 40-2209 and 40-2215.

12-2616.
Name and citation of act; application of K.S.A. 40-2209 and 40-2215.
(a) K.S.A. 12-2616 through 12-2629, and amendments thereto, shall be known and may be cited as the Kansas municipal group-funded pool act.
(b) The provisions of K.S.A. 40-2209 and 40-2215, and amendments thereto, shall apply to municipal group-funded pools and all contracts issued under the municipal group-funded pool act and amendments thereto.
History:
L. 1987, ch. 74, § 1; L. 1991, ch. 134, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2617 Authorization of municipalities to pool liabilities; pools not deemed insurance and not subject to regulation except as enumerated.

12-2617.
Authorization of municipalities to pool liabilities; pools not deemed insurance and not subject to regulation except as enumerated.
Five or more municipalities as defined in K.S.A. 75-6102, and amendments thereto, may enter into agreements to pool their liabilities for Kansas fire, marine, inland marine and allied lines, as defined in K.S.A. 40-901, and amendments thereto, casualty, surety and fidelity lines as defined in K.S.A. 40-1102, and amendments thereto, including workers' compensation and employers' liability, group sickness and accidents, as defined in K.S.A. 40-2209, and amendments thereto, and life insurance, as regulated in K.S.A. 40-433, and amendments thereto. Such arrangements shall be known as group-funded pools, which shall not be deemed to be insurance or insurance companies and shall not be subject to the provisions of chapter 40 of the Kansas Statutes Annotated, except as otherwise provided herein.
History:
L. 1987, ch. 74, § 2; L. 1990, ch. 76, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2619 Irrevocable consent for service of process on commissioner of insurance.

12-2619.
Irrevocable consent for service of process on commissioner of insurance.
Every group-funded pool applying for authority to operate a pool in this state, as a condition precedent to obtaining such authority, shall file in the insurance department a written irrevocable consent, that any action may be commenced against such pool in the proper court of any county in this state in which the cause of action shall arise or in which the plaintiff may reside by the service of process on the commissioner of insurance of this state, and stipulating and agreeing that such service shall be taken and held in all courts to be as valid and binding as if due service had been made upon the trustees or the administrator of such pool. The consent shall be executed by the board of trustees and shall be accompanied by a duly certified copy of the resolution passed by the trustees to execute such consent.
History:
L. 1987, ch. 74, § 4; May 28.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2622 Same; investments.

12-2622.
Same; investments.
The trustees shall not utilize any of the contributions collected as premiums for any purpose unrelated to the pool. Moneys not needed for current obligations may be invested by the trustees. Such investments shall be limited to investments permitted by K.S.A. 12-1677b and 75-4209, and amendments thereto, except that a pool which has been in existence for at least five years shall be permitted to invest in any of the securities or other investments permitted by article 2a of chapter 40 of the Kansas Statutes Annotated.
History:
L. 1987, ch. 74, § 7; L. 1999, ch. 95, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2624 Gross premium tax, rate, payment, assessment period; deductions for cancellations and dividends.

12-2624. Gross premium tax, rate, payment, assessment period; deductions for cancellations and dividends.
In addition to the fees required to be paid in K.S.A. 12-2623, and amendments thereto, and as a condition precedent to the continuation of the certificate of authority provided in this act, all group-funded pools shall pay not later than 90 days after the end of each calendar year a tax upon the annual Kansas gross premium collected by the pool at the rate of 1% per annum applied to the collective premium relating to all Kansas members of the pool for the preceding calendar year. In the computation of the tax, all pools shall be entitled to deduct any annual Kansas gross premiums returned on account of cancellation or dividends returned to members of such pools or expenditures used for the purchase of specific and aggregate excess insurance, as provided in K.S.A. 12-2618(h), and amendments thereto.
History:
L. 1987, ch. 74, § 9; L. 1991, ch. 60, § 3; L. 2023, ch. 50, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2625 Pools subject to additional assessments and regulation of insurance trade practices; workers compensation premiums of pool members not considered in workers compensation plan assessments.

12-2625.
Pools subject to additional assessments and regulation of insurance trade practices; workers compensation premiums of pool members not considered in workers compensation plan assessments.
(a) Each pool shall be assessed annually as provided by K.S.A. 44-566a and 74-713, and amendments thereto.
(b) Each proposed and authorized pool and each person representing such proposed or authorized pool shall be subject to the provisions of article 24 of chapter 40 of the Kansas Statutes Annotated.
(c) Each pool shall be subject to the provisions of K.S.A. 40-246b to 40-246e, inclusive, and amendments thereto.
(d) Whenever a pool is available providing workers compensation coverage to a statewide group of municipalities, the premium on workers compensation coverage written on municipalities eligible to become members of such pool by an insurer shall not be considered in the determination of any assessments levied by the Kansas workers compensation plan established pursuant to K.S.A. 40-2109, and amendments thereto.
History:
L. 1987, ch. 74, § 10; L. 1991, ch. 60, § 4; May 23.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2626 Application for membership in pool; written notice; approval; termination or cancellation of participation.

12-2626.
Application for membership in pool; written notice; approval; termination or cancellation of participation.
(a) After the inception date of the group-funded pool, prospective new members of the pool shall submit an application for membership to the board of trustees or its administrator. The trustees may approve the application for membership pursuant to the bylaws of the pool.
(b) Before the time that membership in a group funded pool is granted, the applicant for such membership shall be provided a written notice stating that: (1) The group funded pool is not an insurance company subject to the general laws and rules and regulations relating to insurance companies; and (2) the group funded pool is subject to separate regulation by the Kansas insurance department as authorized by state statute and cannot commence or continue operations without a certificate of authority. Such authorization does not constitute an endorsement or recommendation of the coverage provided.
(c) Individual members may elect to terminate their participation in a pool or be subject to cancellation by the pool pursuant to the bylaws of the pool. On termination or cancellation of a workers' compensation member, the pool shall notify the division of workers' compensation within 10 days and shall maintain coverage of each cancelled or terminating member for 30 days after notice to such division or until such division gives notice that the cancelled or terminating member has procured workers' compensation and employers' liability insurance, whichever occurs first.
History:
L. 1987, ch. 74, § 11; L. 1991, ch. 60, § 5; May 23.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2628 Licensing of persons or agencies soliciting insurance business for pool.

12-2628.
Licensing of persons or agencies soliciting insurance business for pool.
Any person or agency soliciting for a proposed or authorized group-funded pool shall hold a current license authorizing such person to sell each line of insurance offered for sale. Any person licensed for the kinds of insurance offered by the pool shall be deemed to be certified by a company for the kinds of insurance permitted by the pool.
History:
L. 1987, ch. 74, § 13; L. 1991, ch. 60, § 7; May 23.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2629 Commissioner of insurance to provide advice and counsel to local governments.

12-2629.
Commissioner of insurance to provide advice and counsel to local governments.
The commissioner of insurance shall make such recommendations as deemed advisable to assist Kansas local governments in the effective, efficient and fiscally sound operation of any proposed group-funded pool. Within the time and resources available, the department of insurance shall provide advice and counsel to any group-funded pool.
History:
L. 1987, ch. 74, § 14; May 28.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2630 Allowing municipalities in Douglas, Johnson, Leavenworth, Miami and Wyandotte counties to pool with municipalities outside of state.

12-2630.
Allowing municipalities in Douglas, Johnson, Leavenworth, Miami and Wyandotte counties to pool with municipalities outside of state.
Notwithstanding the provisions of K.S.A. 12-2616 through 12-2629, and amendments thereto, any municipalities as defined in K.S.A. 75-6102, and amendments thereto, located in and including Douglas, Johnson, Leavenworth, Miami and Wyandotte counties, may qualify to enter into agreements to pool their sickness and accident related liabilities in accordance with K.S.A. 12-2617 et seq., and amendments thereto, with municipalities located in other states if such a pool was formed on or before January 1, 1990. Any investments held by such pool shall be held in an entity described in K.S.A. 12-2622, and amendments thereto. In the event the law or laws of any other state in which a member of the pool is located are inconsistent with or contrary to any provision of K.S.A. 12-2617 through 12-2626, 12-2628 and 12-2629, and amendments thereto, the law of the state with the more stringent requirement shall apply.
History:
L. 1991, ch. 60, § 8; May 23.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 26 - Insurance › 12-2631 Group-funded pools refund fund; refunding balances of the group-funded pools fee fund and the group-funded workers' compensaiton fee fund; abolishment of funds.

12-2631. Group-funded pools refund fund; refunding balances of the group-funded pools fee fund and the group-funded workers' compensaiton fee fund; abolishment of funds.
(a) There is hereby established in the state treasury the group-funded pools refund fund.
(b) (1) Moneys in the group-funded pools refund fund shall be used only for the purpose of refunding entities that have paid into the group-funded pools fee fund, pursuant to K.S.A. 12-2623, prior to its repeal, and the group-funded workers' compensation fee fund, pursuant to K.S.A. 44-587, prior to its repeal.
(2) Refunds shall be distributed on a pro-rata basis, based upon premium taxes paid by each entity in the 2022 fiscal year.
(3) All expenditures from the group-funded pools refund fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the commissioner of insurance or the commissioner's designee.
(c) On July 1, 2023:
(1) The director of accounts and reports shall transfer all moneys in the group-funded pools fee fund, established pursuant to K.S.A. 12-2623, prior to its repeal, and the group-funded workers' compensation fee fund, established pursuant to K.S.A. 44-587, prior to its repeal, to the group-funded pools refund fund;
(2) all liabilities of the group-funded pools fee fund and the group-funded workers' compensation fee fund are hereby transferred to and imposed on the group-funded pools refund fund; and
(3) the group-funded pools fee fund and the group-funded workers' compensation fee fund are hereby abolished.
(d) On July 1, 2024, the group-funded pools refund fund is hereby abolished.
History:
L. 2023, ch. 50, § 1; July 1.