reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial › 12-4419 Defendants under 21 years, drug and alcohol evaluations.

12-4419.
Defendants under 21 years, drug and alcohol evaluations.
(a) Except as provided in subsection (b), if a diversion agreement between a city attorney and a defendant is entered into in lieu of further criminal proceedings alleging a violation by the defendant, while under 21 years of age, of an ordinance prohibiting an act prohibited by K.S.A. 21-5701 through 21-5717, and amendments thereto, or K.S.A. 41-719, 41-727, 41-804, 41-2719 or 41-2720, and amendments thereto, the agreement shall require the defendant to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the city attorney finds that the defendant is indigent, the fee may be waived.
(b) If the defendant is 18 or more years of age but less than 21 years of age and allegedly committed a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (a) are permissive and not mandatory.
History:
L. 1989, ch. 95, § 2; L. 2009, ch. 32, § 21; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4501 Plea of not guilty; trial; time; continuance.

12-4501.
Plea of not guilty; trial; time; continuance.
An accused person entering a plea of not guilty, or for whom the court entered a plea of not guilty, shall be tried on the earliest practical day set by the court, unless trial is continued for good cause: Provided, That an accused person in custody shall be tried on the earliest day that the municipal court convenes, unless trial is continued upon motion of the accused person and for good cause.
History:
L. 1973, ch. 61, § 12-4501; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4502 Trial.

12-4502.
Trial.
All trials in municipal court shall be to the municipal judge or the municipal judge pro tem.
History:
L. 1973, ch. 61, § 12-4502; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4503 Same; order of presentation.

12-4503.
Same; order of presentation.
The order of trial shall be:
(a) Opening statement of prosecution, unless waived;
(b) evidence by the prosecution;
(c) opening statement of accused person, unless waived;
(d) evidence by the accused person, unless waived;
(e) rebuttal evidence, unless waived; and
(f) closing arguments, unless waived.
History:
L. 1973, ch. 61, § 12-4503; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4504 Evidence.

12-4504.
Evidence.
The rules of evidence prescribed in the code of civil procedure shall apply to this code.
History:
L. 1973, ch. 61, § 12-4504; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4505 Amendments to complaint.

12-4505.
Amendments to complaint.
Amendments to the complaint may be permitted by the court before trial. Once the trial commences, the court may permit a complaint to be amended before judgment, if no additional or different offense is charged, and if substantial rights of the accused person are not prejudiced.
History:
L. 1973, ch. 61, § 12-4505; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4506 Joinder of two or more accused persons.

12-4506.
Joinder of two or more accused persons.
Where two (2) or more persons are separately or jointly accused by a complaint of a violation of an ordinance arising out of the same general state of circumstances, such persons may be tried separately or jointly: Provided, That where an accused person, so requests, he or she shall be tried separately.
History:
L. 1973, ch. 61, § 12-4506; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4507 Judgment.

12-4507.
Judgment.
If the accused person is found not guilty, judgment shall be rendered immediately. If the accused person is found guilty, sentence shall be imposed and judgment rendered without unreasonable delay.
History:
L. 1973, ch. 61, § 12-4507; L. 1993, ch. 291, § 7; L. 1994, ch. 291, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4508 Same; docket.

12-4508.
Same; docket.
When a judgment is rendered, the municipal judge or clerk of the municipal court shall enter such judgment on the docket; however, the omission of this duty shall not affect the validity of the judgment.
History:
L. 1973, ch. 61, § 12-4508; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4510 Same; imprisonment; fine.

12-4510.
Same; imprisonment; fine.
When a sentence of imprisonment is pronounced, the municipal judge or the clerk of the municipal court shall prepare and deliver to the chief of police a copy of the entry of judgment, duly certified by such judge or clerk, which shall be sufficient authority to such chief of police to execute the sentence and confine the accused person to jail for the time specified, or until further order of the court.
When a fine is levied as punishment, the municipal judge or clerk of the municipal court shall issue a statement setting forth the amount of the fine and the manner of payment. Failure to pay in the manner specified may constitute contempt of court.
History:
L. 1973, ch. 61, § 12-4510; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4511 Parole.

12-4511.
Parole.
The municipal judge may parole any person confined to jail as a result of a conviction of a violation of a city ordinance. The judge may set such conditions and restrictions as the judge sees fit to impose for a term of parole not exceeding two years and may at any time discharge such person for good cause shown. The term of parole ordered by the court is subject to renewal and extension for additional periods not exceeding an additional two years for any misdemeanor case upon the municipal court's finding that the defendant has not yet successfully completed the conditions imposed therein within the original term of such parole.
After notice and hearing, the municipal judge may revoke such parole for violation of conditions by directing the chief of police to execute the sentence and again confine the accused person to jail for the time specified by the court, which shall not exceed the initial jail sentence imposed, less the time served.
History:
L. 1973, ch. 61, § 12-4511; L. 2004, ch. 80, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4512 Judgment set aside, when.

12-4512.
Judgment set aside, when.
The municipal judge, on motion of the accused person or on his or her own motion, shall set aside a judgment if the complaint does not charge a violation of a city ordinance, or if the court was without jurisdiction of the offense. The motion for setting aside the judgment shall be made within ten (10) days after the finding of guilty, or within such further time as the court may fix during the ten-day period.
History:
L. 1973, ch. 61, § 12-4512; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4513 Correction of errors.

12-4513.
Correction of errors.
The municipal judge may correct an illegal sentence at any time. Clerical mistakes in judgments or orders may be corrected by the court at any time.
History:
L. 1973, ch. 61, § 12-4513; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto › 12-4517 Conviction of ordinances comparable to class A or B misdemeanor, assault or certain alcohol related offenses; fingerprinting; costs.

12-4517. Conviction of ordinances comparable to class A or B misdemeanor, assault or certain alcohol related offenses; fingerprinting; costs.
(a) (1) The municipal court judge shall ensure that all persons convicted of violating municipal ordinance provisions that prohibit conduct comparable to a class A or B misdemeanor or assault as defined in K.S.A. 21-5412(a), and amendments thereto, under a Kansas criminal statute are fingerprinted and processed.
(2) The municipal court judge shall ensure that all persons arrested or charged with a violation of a city ordinance prohibiting the acts prohibited by K.S.A. 8-2,144 or 8-1567, and amendments thereto, are fingerprinted and processed at the time of booking or first appearance, whichever occurs first.
(b) The municipal court judge shall order the individual to be fingerprinted at an appropriate location as determined by the municipal court judge. Failure of the person to be fingerprinted after court order issued by the municipal judge shall constitute contempt of court. To reimburse the city or other entity for costs associated with fingerprinting, the municipal court judge may assess reasonable court costs, in addition to other court costs imposed by the state or municipality.
History:
L. 1994, ch. 291, § 84; L. 2009, ch. 107, § 8; L. 2011, ch. 105, § 25; L. 2012, ch. 172, § 26; L. 2018, ch. 106, § 21; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 46 - Code For Municipal Courts; Appeals › 12-4601 Appeal; stay of proceedings.

12-4601. Appeal; stay of proceedings.
An appeal may be taken to the district court in the county in which said municipal court is located:
(a) By the accused person in all cases; and
(b) By the city upon questions of law.
The appeal shall stay all further proceedings upon the judgment appealed from. No appeal shall be filed until after the sentence has been imposed.
History:
L. 1973, ch. 61, § 12-4601; L. 2013, ch. 118, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 46 - Code For Municipal Courts; Appeals › 12-4602 Same; procedure.

12-4602.
Same; procedure.
An appeal to the district court may be taken as provided in K.S.A. 22-3609. The appearance bond may continue in effect throughout the appeal; however, the municipal judge may require a separate appeal bond. Hearing and judgment on appeal shall be as provided in K.S.A. 22-3610 and 22-3611.
History:
L. 1973, ch. 61, § 12-4602; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 48 - Child Care Centers › 12-4802 Same; special child care center fund; use of moneys derived from tax levies.

12-4802.
Same; special child care center fund; use of moneys derived from tax levies.
All moneys derived from taxes levied by a city or county under the authority of K.S.A. 12-4801 shall be placed in a special child care center fund and shall be used only for the purpose of financing or contracting for child care centers or facilities offering child care services for such city or county.
History:
L. 1975, ch. 51, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 48 - Child Care Centers › 12-4804 Collection and disposition of taxes; verification of needs to city or county treasurer.

12-4804.
Collection and disposition of taxes; verification of needs to city or county treasurer.
The tax levy referred to in K.S.A. 12-4801 shall be made at the same time that other city or county taxes are levied and shall be certified and collected in the same manner and remain in the hands of the city or county treasurer and be paid by said city or county treasurer to the duly authorized treasurer or other officer or officers of the association or corporation maintaining said child care center or other facility from month to month as needs may require, upon written application by such officer or officers, which application shall contain a statement of the amount needed and shall be duly verified.
History:
L. 1975, ch. 51, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 48 - Child Care Centers › 12-4805 Filing budget with clerk; approval of governing body.

12-4805.
Filing budget with clerk; approval of governing body.
At least sixty (60) days prior to the date provided by law for certifying city or county taxes to the county clerk, the duly authorized board of trustees, board of supervisors or board of directors of any such child care center, having executive charge thereof, shall each year file with the clerk a sworn budget setting forth as nearly as may be the amount required to maintain the said child care center for the ensuing tax year. Said budget shall be subject to the approval of the governing body, and when so approved by them, the said governing body shall thereupon fix the amount of said levy.
History:
L. 1975, ch. 51, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 48 - Child Care Centers › 12-4806 Child care centers not entitled to benefits or tax proceeds.

12-4806.
Child care centers not entitled to benefits or tax proceeds.
No person, firm, association of persons or corporation maintaining a child care center or other facility providing child care services shall be entitled to the benefits of this act or be entitled to receive any money so produced by taxation for the maintenance or support of such institution if: (a) Said institution is operated at any time, either directly or indirectly for personal profit to any person connected therewith privately or officially, but legitimate salaries or wages to employees of such institution shall not be deemed to be profit within the meaning of this subsection; or
(b) such institution is not licensed as required under any provision of law relating to the licensing of child care centers or facilities providing child care services.
History:
L. 1975, ch. 51, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 48 - Child Care Centers › 12-4807 Contracts with eligible private institutions not prohibited.

12-4807.
Contracts with eligible private institutions not prohibited.
Nothing in this act shall prohibit the governing body of any city or county levying a tax, as authorized under K.S.A. 12-4801, from contracting with any private person, firm, association of persons or corporation within such county or city to provide such services as would make such institution eligible to receive funds under the provisions of this act.
History:
L. 1975, ch. 51, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 48 - Child Care Centers › 12-4808 Review of existing facilities by governing body prior to expenditure for new facility.

12-4808. Review of existing facilities by governing body prior to expenditure for new facility.
For the purpose of avoiding any duplication of services or competition between services, before any expenditure may be made under the provisions of this act on any new facility, all organizations within such taxing subdivision which are already providing such services as would make them eligible to receive funds under the provisions of this act, and all programs or services provided by youth services of the Kansas department for children and families, must be reviewed by the governing body and found to be insufficient to meet the child care needs of such taxing subdivision.
History:
L. 1975, ch. 51, § 8; L. 1982, ch. 357, § 12; L. 2014, ch. 115, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 49 - Homes For Aged › 12-4901 Homes for aged; definitions.

12-4901.
Homes for aged; definitions.
As used in this act:
(a) "City" means any incorporated city in the state of Kansas;
(b) "home for the aged" means a building or buildings and the appurtenances to be used as a home for aged persons, and such other persons as the governing body of the city shall direct and shall include adult care homes;
(c) "adult care home" shall have the meaning ascribed thereto under K.S.A. 39-923, and amendments thereto;
(d) "person" means an individual, corporation, association, partnership or any organization.
History:
L. 1965, ch. 146, § 1; L. 1967, ch. 115, § 1; L. 1971, ch. 69, § 1; L. 1986, ch. 85, § 1; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 49 - Homes For Aged › 12-4902 Establishment of home; acquisition of existing home; ordinance; protest; election; revenue bonds, limitation.

12-4902.
Establishment of home; acquisition of existing home; ordinance; protest; election; revenue bonds, limitation.
The governing body of any such city may establish a home for the aged and acquire a site for and construct and equip a building or buildings and appurtenances for such purpose or may acquire by gift or purchase an existing adult care home to be used as a home for the aged. No such home shall be established or acquired if it would cause a duplication of any similar facility then located within such municipality unless the governing body finds, upon sufficient evidence, that such existing facility is inadequate to meet the needs of the residents of such city and the proposed home or home to be acquired would not substantially compete therewith. Such home for the aged shall be established or acquired by ordinance and such ordinance shall not take effect until 60 days after it is published in the official city paper. If within 60 days a petition signed by a number of electors of the city equal to not less than 5% of the number of electors who voted at the last preceding regular city election shall be filed in the office of the clerk of such city demanding that such ordinance be submitted to a vote of the electors it shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon. Such election shall be called, noticed, and the proposition stated on the ballot in like manner as charter ordinances are required to be submitted to a vote of the electors under the provisions of subsection (3) of section 5 of article 12 of the constitution of the state of Kansas, and the ordinance, if approved by the electors, shall take effect in like manner as charter ordinances under the subsection (3).
The ordinance establishing the home for the aged shall state the total estimated cost, if any, and the amount of revenue bonds, if any, that are to be issued to pay the cost of the acquisition of the site for, construction and equipment of the home for the aged or of the acquisition of an existing adult care home to be used as a home for the aged, and the total amount of such revenue bonds to be issued shall not exceed $2,000,000.
History:
L. 1965, ch. 146, § 2; L. 1967, ch. 115, § 2; L. 1971, ch. 69, § 2; L. 1986, ch. 85, § 2; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 49 - Homes For Aged › 12-4903 Revenue bonds; rates and charges.

12-4903.
Revenue bonds; rates and charges.
Any such city which establishes or acquires a home for the aged under this act is hereby empowered to issue and sell revenue bonds in payment of part of the cost or existing debt of such home for the aged, to fix by ordinance such rates, fees and charges for the use thereof or services therefrom as may be reasonable and necessary, and to provide for the manner of collecting and disbursing such revenues.
History:
L. 1965, ch. 146, § 3; L. 1986, ch. 85, § 3; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 49 - Homes For Aged › 12-4904 Revenues from home; deposit and use of proceeds.

12-4904.
Revenues from home; deposit and use of proceeds.
Revenue derived from the operation of the home for the aged shall be paid into the treasury of the city and deposited in a separate fund, except that if the city governing body has appointed a board of trustees to supervise the operation of the home as provided in K.S.A. 12-4909, and amendments thereto, revenues shall be paid into the treasury of the board of trustees and deposited in a separate fund. Revenues shall be used only for the purpose of paying the cost of operation, maintenance and repair of such home for the aged, providing an adequate depreciation fund and paying the principal of and the interest upon the revenue bonds. Such revenue bonds are hereby made a lien on the revenues produced by such home for the aged, shall not be general obligations of the city issuing the same but shall contain recitals stating the authority under which such bonds are issued, that they are issued in conformity with the provisions, restrictions and limitations of that authority, that such bonds and the interest thereon are to be paid by the issuing city from the revenues derived from the rates, fees and charges herein mentioned and not from any other fund or source, that the same have been registered in the offices of the clerk of the city and the state treasurer, respectively, and that the bonds are negotiable. All such bonds when registered and issued, as herein provided, shall import absolute verity and shall be conclusive in favor of all persons purchasing such bonds that all proceedings and conditions precedent have been had and performed to authorize the issuance thereof and may be issued in addition to the statutory limit of bonded indebtedness of the city. The provisions of K.S.A. 10-1207, and amendments thereto, shall apply to revenue bonds issued under this act.
History:
L. 1965, ch. 146, § 4; L. 1986, ch. 85, § 4; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 49 - Homes For Aged › 12-4905 Payment of bonds; cost of operation, repair and maintenance of home.

12-4905.
Payment of bonds; cost of operation, repair and maintenance of home.
Provision shall be made by appropriate ordinance by the governing body of the city establishing or acquiring the home for the aged for the payment of revenue bonds by fixing rates, fees or charges for the use or services rendered by such home for the aged, which rates, fees or charges shall be sufficient to pay the cost of the operation, repair and maintenance of the home for the aged, provide an adequate depreciation fund, and pay the principal of and the interest upon the bonds when due.
History:
L. 1965, ch. 146, § 5; L. 1986, ch. 85, § 5; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 49 - Homes For Aged › 12-4906 Tax levy for maintenance and repair of home.

12-4906.
Tax levy for maintenance and repair of home.
The governing body of any city which has established or acquired a home for the aged under the authority of this act is hereby authorized to make an annual tax levy for the maintenance and repair of the home 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.
History:
L. 1965, ch. 146, § 6; L. 1970, ch. 69, § 17; L. 1975, ch. 494, § 30; L. 1979, ch. 52, § 58; L. 1986, ch. 85, § 6; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 49 - Homes For Aged › 12-4907 Home for the aged fund, established; use of fund.

12-4907.
Home for the aged fund, established; use of fund.
All moneys received from the sale of the revenue bonds herein authorized, together with all moneys received by donation, gift, bequest or otherwise, shall be placed by the city in a special fund which shall be known as the "home for the aged fund" the fund may be used for the purpose of establishing or acquiring a home for the aged or for the payment of existing debt on an acquired home as in this act provided. Whenever sufficient moneys are available in the fund, the governing body of the city may proceed to acquire the site by gift or purchase and let the contract for such building or buildings and the equipment therefor or to acquire by gift or purchase an existing adult care home to be used as a home for the aged. No building shall be erected or constructed until the plans and specifications have been made therefor and adopted by the governing body of the city and bids advertised for according to law as for other city buildings.
History:
L. 1965, ch. 146, § 7; L. 1986, ch. 85, § 7; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 49 - Homes For Aged › 12-4908 Same; exercise of eminent domain.

12-4908.
Same; exercise of eminent domain.
If the governing body of the city and the owners of any property desired for the purpose of a home for the aged cannot agree as to the price to be paid therefor, or if the owner or owners of the property refuse to sell the property, the governing body is authorized to exercise the right of eminent domain in the manner provided by K.S.A. 26-501 to 26-516.
History:
L. 1965, ch. 146, § 8; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 49 - Homes For Aged › 12-4909 Operation of home; administration and employees.

12-4909.
Operation of home; administration and employees.
Every home for the aged established under this act and not leased by the governing body as provided under K.S.A. 12-4911, and amendments thereto, shall be operated under the supervision of the governing body and shall be for the benefit of all the inhabitants of such city, except that for an existing adult care home acquired by a city by gift or purchase to be used as a home for the aged, the governing body may appoint a board of trustees to supervise the operation of the home for the aged. The governing body of the city is hereby authorized to promulgate and adopt rules and regulations pertaining to the operation of the home for the aged. The governing body or, if a board of trustees has been appointed, the board of trustees shall appoint a responsible and qualified person who shall at all times be in charge of the home and who shall be known as the administrator, and such other employees as is deemed necessary for the proper and adequate care of the residents in the home.
History:
L. 1965, ch. 146, § 9; L. 1986, ch. 85, § 8; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 49 - Homes For Aged › 12-4910 Same; acceptance of grants and donations; use.

12-4910.
Same; acceptance of grants and donations; use.
The governing body of the city is hereby authorized to receive grants of federal funds and any person desiring to make donations of money, personal property or real estate for the benefit of such home for the aged shall have the right to vest, and the governing body of the city is authorized to accept, title to the money or real estate so donated and the same shall be controlled when accepted by the governing body according to the terms of the deed, gift, devise or bequest of such property or funds: Provided, That such donations of money, personal property or real estate may be used for the purpose of the acquisition of a site, the construction and equipping of such home for the aged or the repair or remodeling of such home for the aged, if not inconsistent with the terms of the deed, gift, devise or bequest of such property or funds, and the same may be used in addition to the maximum amount which may be raised for such purpose by the issuance of revenue bonds.
History:
L. 1965, ch. 146, § 10; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 49 - Homes For Aged › 12-4911 Same; leasing of home; conditions.

12-4911.
Same; leasing of home; conditions.
The governing body of the city may, by ordinance, declare that it is to the best interests of such city to rent, lease or let the said home for the aged; and thereupon, said governing body may, in its discretion, rent, let or lease to a person for the purpose of maintaining and operating said home for the aged upon such terms and conditions as the governing body may deem to the best interests of the said city but the amount of the rent to be paid by the person to whom the home for the aged is rented, leased or let shall be sufficient to pay the cost of the repair and maintenance of the building, and pay the principal amount of and the interest upon the revenue bonds which have been issued to acquire a site for, construct and equip the home for the aged.
History:
L. 1965, ch. 146, § 11; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 50 - Retirement Systems › 12-5001 Actuarial funding standards for local police or fire pension plans; definitions.

12-5001.
Actuarial funding standards for local police or fire pension plans; definitions.
As used in K.S.A. 12-5001 to 12-5006, unless the context requires otherwise:
(a) "Policeman" means an employee of a city who is assigned to the police department of the city, who is engaged in law enforcement and maintenance of order, who has been specifically designated, appointed, commissioned or styled as a policeman by the governing body or city manager of the city, and whose employment as a policeman is not seasonal or temporary and requires at least one thousand (1,000) hours of work per year.
(b) "Fireman" means an employee of a city who is assigned to the fire department of the city, who is engaged in the fighting and extinguishing of fires and the protection of life and property therefrom, who has been specifically designated, appointed, commissioned or styled as a fireman by the governing body or city manager of the city, and whose employment as a fireman is not seasonal or temporary and requires at least one thousand (1,000) hours of work per year.
(c) "Local police or fire pension plan" means any pension plan, system or fund which covers the policemen of a city or the firemen of a city, or both, and which was established by and is maintained and funded by such city under:
(1) K.S.A. 13-14a01 to 13-14a14, inclusive, and acts amendatory thereof; or
(2) any part of K.S.A. 13-14a01 to 13-14a14, inclusive, and acts amendatory thereof, and one or more charter ordinances adopted by such city under section 5 of article 12 of the Kansas constitution; or
(3) K.S.A. 14-10a01 to 14-10a15, inclusive, and acts amendatory thereof; or
(4) any part of K.S.A. 14-10a01 to 14-10a15, inclusive, and acts amendatory thereof, and one or more charter ordinances adopted by such city under section 5 of article 12 of the Kansas constitution; or
(5) one or more charter ordinances adopted by such city under section 5 of article 12 of the Kansas constitution.
(d) "Active member" means a person who is in active employment with a city as a policeman or fireman and who is covered by a local police or fire pension plan which is maintained and funded by such city.
(e) "Retired member" means a person who is a former policeman or fireman of a city and who is receiving or who is entitled to receive in the future a pension from a local police or fire pension plan maintained by such city, or any other person who is receiving or who is entitled to receive in the future, a pension from a local police or fire pension plan.
(f) "Board of trustees" means the board of trustees of the Kansas public employees retirement system.
History:
L. 1976, ch. 348, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 50 - Retirement Systems › 12-5003 KP&F system membership election for certain active members of local police or fire pension plans; final average salary.

12-5003.
KP&F system membership election for certain active members of local police or fire pension plans; final average salary.
(a) Each active member of a local police or fire pension plan, which is maintained and funded by a city which affiliates after the effective date of this act with the Kansas police and firemen's retirement system with regard to all active members and retired members of such plan as provided in K.S.A. 74-4954, who elected not to become a member of said system prior to the effective date of this act, may become a member of said system by filing a written statement of election to become a member of said system with the board of trustees on or before the entry date of such city under K.S.A. 74-4954. Failure to file such written election shall be presumed to be an election not to become a member of said system. Such election, whether to become a member or not to become a member as provided in this section, shall be irrevocable.
(b) Except as otherwise provided in this act, any active member of a local police or fire pension plan who elects to become a member of the Kansas police and firemen's retirement system as provided in this section, shall be subject to the provisions of K.S.A. 74-4951 to 74-4977, inclusive, and acts amendatory thereof or supplemental thereto.
(c) For any such active member who elects to become a member of the Kansas police and firemen's retirement system as provided in this section, the term "final average salary" means the average highest annual compensation paid to such member for service as a policeman or fireman for any three of the five years immediately preceding retirement or termination of service, notwithstanding the definition of such term in K.S.A. 74-4952.
History:
L. 1976, ch. 348, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 50 - Retirement Systems › 12-5006 Rate of employer contributions for members and special members of KP&F system under K.S.A. 12-5003, 12-5005 or 74-4955.

12-5006.
Rate of employer contributions for members and special members of KP&F system under K.S.A. 12-5003, 12-5005 or 74-4955.
(a) Employer contributions for active members of local police or fire pension plans who become members of the Kansas police or firemen's retirement system under K.S.A. 12-5003 or 74-4955 and for active members of such plans who become special members of said system under K.S.A. 12-5005, shall be determined, certified, appropriated and paid to said system as provided in K.S.A. 74-4967, except that in determining the employer's prior service contribution the board, upon the recommendation of the actuary, shall include an amount to cover all liabilities (1) which shall have accrued at the time of entry into said system relating to members who become members under K.S.A. 12-5003 or 74-4955, and (2) which will be incurred relating to all special members who become special members under K.S.A. 12-5005. The foregoing liabilities of the employer shall be added to any accrued liability under the Kansas police and firemen's retirement system as the same may exist on the day immediately preceding the entry date of the employer for purposes of all such members and special members, and shall be amortized over the balance of the period heretofore established to amortize such employer accrued liability of the employer. The actuary may recommend and the board may approve a plan of paying the employer's total obligation by an annual level amount necessary to maintain the actuarial reserve integrity of the Kansas public employees retirement fund, or by an annual rate of employer contribution, or by a combination of both.
(b) The employer rate of contribution for each such employer shall apply to the amount of compensation on which members who become members under K.S.A. 12-5003 or 74-4955 and on which special members who become special members under subsection (a) of K.S.A. 12-5005 contribute. During the first fiscal year after entry date of the employer for purposes of all such members and special members, the rate shall be the same as heretofore certified by the board for any such employer who was affiliated with the Kansas police and firemen's retirement system prior to July 1, 1976, for such period.
History:
L. 1976, ch. 348, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 50 - Retirement Systems › 12-5007 Administration of local police and firemen's retirement system by KPERS board.

12-5007.
Administration of local police and firemen's retirement system by KPERS board.
The provisions of K.S.A. 12-5001 through 12-5006, and amendments thereto, shall be administered by the board of trustees of the Kansas public employees retirement system. The provisions of K.S.A. 74-49,123, and amendments thereto, shall apply to the administration of the provisions of K.S.A. 12-5001 through 12-5006, and amendments thereto.
History:
L. 1976, ch. 348, § 7; L. 1998, ch. 64, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 50 - Retirement Systems › 12-5040 Group health care benefits plan; availability for retirants; coverage, end; eligibility; cost of coverage; definitions.

12-5040.
Group health care benefits plan; availability for retirants; coverage, end; eligibility; cost of coverage; definitions.
(a) Each local government which provides an employer-sponsored group health care benefits plan for the employees of the local government shall make coverage under such group health care benefits program available to retired former employees and their dependents, upon written application filed with the clerk or secretary thereof within 30 days following retirement of the employee, as provided by this section. Coverage under the employee group health care benefits plan may cease to be made available upon (1) the retired employee attaining age 65, (2) the retired employee failing to make required premium payments on a timely basis, or (3) the retired employee becoming covered or becoming eligible to be covered under a plan of another employer.
(b) Each such local government shall make such coverage available to all persons who were employed by the local government for not less than 10 years and who retired from such employment after December 31, 1988, and may make such coverage available to other retired employees and their dependents. Each such retired employee who elects to continue such coverage may be required to contribute to the employee group health benefits plan, including the administrative costs thereof, but such contribution shall not exceed 125% of the premium cost for other similarly situated employees. The local government may pay for all or part of the cost of continuing the employee group health care benefits plan coverage for such retired former employees and their dependents.
(c) As used in this section, "local government" means any county, city, township, special district, unified school district or any instrumentality of any one or several of such governmental entities; and "retired" means any employee who has terminated employment and is receiving a retirement or disability benefit for service with the local government from which they terminated employment.
History:
L. 1988, ch. 302, § 18; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5224 Bonds; adoption of ordinance; interest rate; terms and conditions.

12-5224.
Bonds; adoption of ordinance; interest rate; terms and conditions.
The exercise of any or all powers granted by this act shall be authorized and the bonds shall be authorized to be issued under this act for the purposes set forth in this act, by an ordinance or resolution adopted by the governing body of a city or county and shall take effect immediately upon adoption and publication once in the official newspaper of such city or county. Any such ordinance or resolution shall set forth a finding and declaration: (a) Of the public purpose therefor; and (b) that such ordinance or resolution is adopted pursuant to this act, which finding and declaration shall be conclusive evidence of the existence and sufficiency of the public purpose and of the power to carry out and give effect to such public purposes.
The bonds shall bear interest at such rate or rates, may be payable at such times, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding 40 years from their respective dates, may be payable in such medium of payment at such place or places, may carry such registration privileges, may be subject to such terms of redemption at such premiums, may be executed in such manner, may contain such terms, covenants and conditions and may be in such form, either coupon or registered, as the governing body shall provide. The bonds may be sold at public or private sale, in such manner, at such prices and upon such terms as may be authorized by the governing body. Pending the preparation of definitive bonds, interim receipts or certificates in such form and with such provisions as may be authorized by the governing body, may be issued to the purchaser or purchasers of bonds sold pursuant to this act. The bonds and interim receipts or certificates shall be deemed to be securities and negotiable instruments within the meaning and for all purposes of the uniform commercial code.
History:
L. 1982, ch. 60, § 6; L. 1983, ch. 71, § 4; May 5.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5226 Bonds; signatures of officers; validity.

12-5226.
Bonds; signatures of officers; validity.
The bonds shall bear the manual or facsimile signatures of such officers of a city or county as may be designated in the ordinance authorizing such bonds and such signatures shall constitute the valid and binding signatures of such officers, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of such city or county. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the home mortgage loans acquired or made from proceeds of the bonds. The ordinance authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
History:
L. 1982, ch. 60, § 8; April 22.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5227 Pledge of bonds.

12-5227.
Pledge of bonds.
Any pledge made to secure bonds shall be valid and binding from the time when the pledge is made. The revenues and receipts or property or interests in property pledged and thereafter received by a city or county, trustee or custodian shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against such city or county, trustee or custodian, irrespective of whether the parties have notice thereof. Neither the ordinance, nor any other instrument by which a pledge is created, need be recorded.
History:
L. 1982, ch. 60, § 9; April 22.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5228 Payment of bonds; bonded debt limitations inapplicable.

12-5228.
Payment of bonds; bonded debt limitations inapplicable.
All bonds issued under and pursuant to this act shall be limited obligations of the city or county issuing the same, payable solely from the revenues and receipts derived from the home mortgage loans or from any notes or other obligations of persons with respect to which such bonds are issued and secured by a mortgage, pledge, security interest, insurance agreement or indenture of trust of or with respect to such home mortgage loans. No city or county shall have any right or authority to levy taxes to pay any of the principal of, redemption premium, if any, or interest on any bonds issued pursuant to this act or any judgment against a city or county on account thereof. No holder of any bonds issued under this act shall have the right to compel any exercise of the taxing power of a city or county to pay the bonds, the interest or redemption premium, if any, thereon, and the bonds shall not constitute an indebtedness of such city or county, or a loan of the faith and credit thereof, within the meaning of any constitutional or statutory provision, nor shall the bonds be construed to create any moral obligation on the part of such city or county to provide for the payment of such bonds. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this act and that it does not constitute an indebtedness of the city or county, or a loan of the faith and credit thereof, within the meaning of any constitutional or statutory provisions. Bonds may be issued pursuant to this act without regard to any statutory limitations of bonded indebtedness and shall not be included in computing the total bonded indebtedness of any city or county within the meaning of other statutes limiting such bonded indebtedness.
History:
L. 1982, ch. 60, § 10; April 22.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5229 Same; no personal liability.

12-5229.
Same; no personal liability.
Neither the members of the governing body of a city or county, nor any official or employee thereof, nor any person executing bonds issued under this act shall be liable personally for payment of the bonds or the interest or redemption premium, if any, thereon or be subject to any personal liability or accountability by reason of the issuance thereof.
History:
L. 1982, ch. 60, § 11; April 22.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5230 Bonds tax exempt.

12-5230.
Bonds tax exempt.
Any bond issued under the provisions of this act, together with the interest thereon and income therefrom, shall be exempt from all taxes levied by the state of Kansas or any political or taxing subdivision thereof.
History:
L. 1982, ch. 60, § 12; April 22.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5231 Interlocal cooperation; limitations.

12-5231.
Interlocal cooperation; limitations.
(a) One or more cities or one or more counties or cities and counties may join together or cooperate with one another in the exercise, either jointly or otherwise, of any one or more of the powers conferred upon cities and counties under this act. Such joint or cooperative action shall be taken only in accordance with and pursuant to a written agreement entered into between or among such cooperating cities or counties in such form approved by the governing bodies thereof.
(b) In no event, however, shall any county or counties engage in any act or exercise any of the authority or powers conferred by this act within, or with respect to any property located within, the corporate boundaries of any city in the absence of an agreement with such city.
History:
L. 1982, ch. 60, § 13; L. 1983, ch. 71, § 6; May 5.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5232 Bonds as legal investments.

12-5232.
Bonds as legal investments.
Notwithstanding any other provision of law, bonds issued pursuant to this act shall be legal investments for all trust funds, insurance companies, savings and loan associations, investment companies and banks, both savings and commercial, and shall be legal investments for executors, administrators, trustees and all other fiduciaries. Such bonds shall be legal investments for state school funds and for any funds which may be invested in county, municipal or school district bonds, and such bonds shall be deemed to be securities which may properly and legally be deposited with, and received by, any state or municipal officer or by any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now, or may hereafter, be authorized by law, including deposits to secure public funds.
History:
L. 1982, ch. 60, § 14; April 22.