Excerpts from K.S.A. Chapter 12

Article 16.--MISCELLANEOUS PROVISIONS

Current through end of 2018 legislative session

12-16,117. Municipal policies regarding the provision of assistance during times of disaster; immunity from liability.

          (a) When used in this act:

          (1) "Municipality" means any city, county or township;

          (2) "public safety agency" means any municipal fire department, law enforcement office, sheriff's department, volunteer and nonvolunteer fire protection associations, emergency management department, public works department or other similar public or private agency; and

          (3) "disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including but not limited to, fire, flood, earthquake, wind, storm, epidemics, air contamination, blight, drought, infestation, explosion or riot.

          (b) The governing body of a municipality may establish a policy regarding the provision of assistance to other municipalities and public safety agencies located in other municipalities located within or without the state of Kansas. Such policy shall be established by adoption of the appropriate ordinance or resolution. Such ordinance or resolution shall include the procedure for the provision of assistance during times of disaster. Any ordinance or resolution adopted pursuant to this section shall be consistent with the applicable local or interjurisdictional disaster plan adopted pursuant to K.S.A. 48-901 et seq., and amendments thereto.

          (c) When providing assistance pursuant to an ordinance or resolution adopted pursuant to this section, the municipality and public safety agency shall be subject to the provisions of all laws, including those providing immunity from liability, as if such municipality or public safety agency was acting within such municipality. Any public safety agency of another state providing assistance in this state pursuant to an ordinance or resolution adopted pursuant to this section, shall be subject to the provisions of all laws of this state, including those providing immunity from liability, as if such public agency was a public agency within the state of Kansas.

          (d) A copy of any ordinance or resolution adopted pursuant to this section shall be filed with the emergency preparedness officer of the county. A copy of such ordinance or resolution also shall be filed with the division of emergency preparedness as part of the local or interjurisdictional disaster plan required pursuant to K.S.A. 48-929, and amendments thereto.

          (e) An ordinance or resolution adopted under the provisions of this section shall not be regarded as an interlocal agreement under the provisions of K.S.A. 12-2901 et seq., and amendments thereto.

          (f) Nothing in this act shall be construed as invalidating existing mutual aid or disaster relief agreements entered into pursuant to K.S.A. 12-2901 et seq., and amendments thereto.

History: L. 1994, ch. 75, § 1; July 1.

12-16,120. Rent control by political subdivisions precluded.

          (a) No political subdivision of this state, including, but not limited to, a county, municipality or township, shall enact, maintain or enforce any ordinance or resolution that would have the effect of controlling the amount of rent charged or the purchase price agreed upon between the parties to the transaction for the lease or purchase of privately owned residential or commercial property.

          (b) This section shall not impair the right of any political subdivision to manage and control commercial or residential property in which such political subdivision has an ownership interest.

          (c) This section shall not impair the right of any owner of privately owned property to enter into a voluntary agreement with a political subdivision to agree to requirements that would have the effect of controlling the amount of rent charged or the purchase price agreed upon between the parties to the transaction for the lease or purchase of privately owned property in return for grants or incentives provided by the political subdivision to the owner of privately owned property.

          (d) No political subdivision shall require any owner of privately owned property to agree to any requirements that would have the effect of controlling the amount of rent charged or the purchase price agreed upon between the parties to the transaction for the lease or purchase of privately owned property, as a condition for consideration or approval of:

          (1) Any building permit or plat; or

          (2) any request for a zoning regulation, boundary, classification or a conditional use permit, or for a change or variance in a zoning regulation, boundary, classification or a conditional use permit.

History: L. 2001, ch. 134, § 2; L. 2016, ch. 104, § 4; July 1.

12-16,124. Firearms and ammunition; regulation by city or county, limitations.

          (a) No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the requirement of fees, licenses or permits for, the commerce in or the sale, purchase, transfer, ownership, storage carrying, transporting or taxation of firearms or ammunition, or any component or combination thereof.

          (b) Any ordinance, resolution or regulation prohibited by subsection (a) that was adopted prior to July 1, 2015, shall be null and void.

          (c) Nothing in this section shall:

          (1) Prohibit a city or county from adopting and enforcing any ordinance, resolution or regulation relating to the personnel policies of such city or county and the carrying of firearms by employees of such city or county, except that any such ordinance, resolution or regulation shall comply with the provisions of K.S.A. 2017 Supp. 75-7c01 et seq., and amendments thereto;

          (2) prohibit a city or county from adopting any ordinance, resolution or regulation pursuant to K.S.A. 2017 Supp. 75-7c20, and amendments thereto;

          (3) prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer’s duties; or

          (4) prohibit a city or county from levying and collecting any retailers’ sales tax on the sale of firearms, ammunition or any component or combination thereof as authorized by K.S.A. 12-189, and amendments thereto.

History: L. 2005, ch. 141, § 10; L. 2007, ch. 166, § 1; L. 2013, ch. 36, § 1; L. 2014, ch. 97, § 7; L. 2015, ch. 93, § 1; July 1.

12-16,124a. Same; limitation on liability of municipality.

          (a) No municipality shall be liable for any wrongful act or omission relating to the actions of any person carrying a firearm, including employees of such municipality, concerning acts or omissions regarding such firearm.

          (b) For purposes of this section, the term "municipality" has the same meaning as that term is defined in K.S.A. 75-6102, and amendments thereto.

          (c) The provisions of this section shall not apply to municipal employees who are required to carry a firearm as a condition of their employment.

History: L. 2014, ch. 97, § 4, L. 2014, ch. 134, § 6; July 1.

12-16,124b. Same; prohibiting use of tax proceeds for firearms buyback programs.

          (a) No city or county shall expend any funds derived from the proceeds of any tax levied by such city or county or any political subdivision thereof, for the purpose of implementing, administering or otherwise operating a firearms buyback program.

          (b) For purposes of this section:

          (1) "Firearm" shall have the same meaning as that term is defined in K.S.A. 2017 Supp. 21-5111, and amendments thereto.

          (2) "Firearms buyback program" means any program wherein individuals are offered the opportunity to gift, sell or otherwise transfer ownership of such individual's firearm to a city or county.

History: L. 2014, ch. 97, § 2; July 1.

12-16,125. Acceptance by city of debit or credit card for payment of taxes, utility fees or other exactions.

          A city may accept credit or debit cards for the payment of taxes, utility fees or other exactions. The city may establish the type of credit or debit card the city will accept. The city may set a fee to be added to each credit card transaction equal to the charge paid by the city for the use of the credit card by the person. If the city imposes a fee for payments made by credit card, the city shall provide notice of such fee to the person making payment by credit card.

          Any transaction involving payment by credit card pursuant to this section shall not be subject to the provisions of K.S.A. 16a-2-403, and amendments thereto.

History: L. 2008, ch. 180, § 1; July 1.

12-16,126. Kansas emergency communications preservation act.

          (a) In order to enhance and preserve the operation of federally licensed amateur radio communications and to ensure its continued role in serving as an integral resource during times of emergency for Kansas and its communities, there is hereby enacted an act which may be known and cited as the Kansas emergency communications preservation act.

          (b) As used in this section:

          (1) "Amateur radio services" means:

          (A) Amateur service, as defined in 47 C.F.R. 97.3 (April 25, 2001) as a radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest;

          (B) amateur-satellite service, as defined in 47 C.F.R. 97.3 (April 25, 2001) as a radiocommunication service using stations on earth satellites for the same purpose as those of the amateur service; and

          (C) radio amateur civil emergency service, as defined in 47 C.F.R. 97.407 (February 10, 2000).

          (2) "Amateur service communications" means communications carried out by one or more of the federally licensed amateur radio services.

          (3) "Amateur station" means a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.

          (4) "Station antenna structures" means the antennas that serve a federally licensed amateur station, including such appurtenances and other structures as may be necessary to support, stabilize, raise, lower or otherwise adjust the antennas. The station antenna structures shall not be construed to be permanent structures.

          (c) A governing body of a city or county shall not adopt an ordinance, resolution, regulation or plan, or take any other action that precludes federally licensed amateur radio service communications, or that in any manner does not conform to the provisions of 47 C.F.R. 97.15 and the limited preemption entitled "amateur radio preemption, 101 F.C.C. 2d 952 (1985)" as issued by the federal communications commission.

          (d) If a governing body of a city or county adopts an ordinance, resolution, regulation or plan, or takes any other action that regulates the placement, screening, number or height of a station antenna structure based on health, safety or aesthetic considerations, the ordinance, resolution, regulation, plan or action must:

          (1) Reasonably accommodate federally licensed amateur radio service communications; and

          (2) constitute the minimum regulation practicable to carry out the legitimate purpose of the governing body.

          (e) The provisions of this section do not apply to any district organized pursuant to federal, state or local law, for the purpose of historic or architectural preservation.

          (f) Any ordinance, resolution, regulation, plan or other action adopted or taken by a governing body in violation of the provisions of this section is void.

          (g) Station antenna structures constructed prior to the effective date of this section are exempted from subsequent changes in zoning regulations by the city or county and may be repaired as required.

History: L. 2008, ch. 68, § 1; July 1.

12-16,127. Removal of debris in certain cities, request of assistance from department of transportation, limitations; eligible cities.

          (a) Any eligible city may request from the department of transportation such equipment and personnel as may be necessary to remove, haul or transport any debris from demolished residential structures located within the boundaries of such city, but outside any existing 100-year flood-plain as identified by the United States federal emergency management agency, that have been damaged by flood waters. Upon receipt of such request by the department of transportation, the department shall provide the requested equipment and personnel as the secretary of transportation deems appropriate and at such time as the equipment and personnel become available according to the work schedule of the department. The equipment and personnel shall be provided at no cost to the city making such request.

          (b) An eligible city shall only request the demolition of those residential structures which have been deemed unsafe, dangerous or abandoned by the city and which may be razed by the city pursuant to K.S.A. 12-1750 et seq., and amendments thereto.

          (c) For the purposes of this section "eligible city" means any city located, in whole or in part, within the boundaries of any county designated by the United States federal emergency management agency under major disaster declaration FEMA-1711-DR as eligible to receive individual or public assistance from the United States federal government.

          (d) The provisions of this act shall expire on and after July 1, 2013.

History: L. 2008, ch. 161, § 1; May 22.

12-16,130. Cities; counties; prohibition on requiring employers to provide certain wage levels or paid benefits or to alter or adjust employee scheduling.

          (a) No city, county or local government unit shall enact or administer any ordinance, resolution or law which requires an employer to:

          (1) Provide to such employer’s employees any leave from work, either with or without pay, unless such leave is required by state or federal law;

          (2) pay compensation to such employer’s employees for any leave from work unless payment of compensation for such leave is required by state or federal law;

          (3) pay compensation or wages at any rate higher than the minimum wage unless the payment of higher compensation or wages is required by state or federal law;

          (4) offer an employee benefit other than those required by state or federal law; or

          (5) alter or adjust any employee scheduling unless the alteration or adjustment is required by state or federal law.

          (b) Subsection (a) shall not impact, or apply to, requirements under state economic development incentive programs or city, county, local government or local economic development agency business attraction, retention or recruitment programs.

History: L. 2013, ch. 86, § 1; L. 2016, ch. 104, § 5; July 1.

12-16,131. Cities; counties; prohibition on enacting or administering certain ordinances and resolutions.

          (a) No city, county or local government unit shall enact or administer any ordinance, resolution or law that requires, nor shall any city, county or local government discriminate against, favor, prefer or base any ordinance, law, policy, economic development program, agreement, grant or incentive on, an employer providing or not providing:

          (1) Any leave from work, either with or without pay, unless such leave is required by state or federal law;

          (2) compensation for any leave from work, unless payment of compensation for such leave is required by state or federal law;

          (3) compensation or wages at any rate higher than the minimum wage, unless the payment of higher compensation or wages is required by state or federal law; or

          (4) any employee benefit other than those required by state or federal law.

          (b) Subsection (a) shall only apply to wages, compensation or benefits, or any combination thereof, paid or provided by a construction contractor or subcontractor performing construction or infrastructure work on a real estate construction or infrastructure project.

History: L. 2013, ch. 86, § 2;July 1.

12-16,132. Cities; certain ordinances void as against public policy.

          The administration, enactment or enforcement of any city ordinance which conflicts with K.S.A. 12-16,130 or 12-16,131, and amendments thereto, is hereby declared to be void and against the public policy of this state.

History: L. 2013, ch. 86, § 3; July 1.

12-16,133. Definitions.

          For the purposes of this act, unless the context otherwise requires:

          (a) "Employee" means an individual employed in this state by an employer.

          (b)(1) "Employer" means any individual, sole proprietorship, partnership, limited liability company, corporation or any other entity that is legally doing business in this state.

          (2) "Employer" shall not include a public employer.

          (c) "Public employer" has the meaning specified in K.S.A. 75-4322, and amendments thereto.

History: L. 2013, ch. 86, § 5; July 1.

12-16,134. Knives and knife making components; regulation by municipality, limitations.

          (a) A municipality shall not enact any ordinance, resolution, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration or use of a knife or knife making components.

          (b) A municipality shall not enact any ordinance, resolution or rule relating to the manufacture of a knife that is more restrictive than any such ordinance, resolution or rule relating to the manufacture of any other commercial goods.

          (c) As used in this section:

          (1) "Knife" means a cutting instrument and includes a sharpened or pointed blade.

          (2) "Municipality" has the same meaning as defined in K.S.A. 75- 6102, and amendments thereto, but shall not include school districts, jails as defined in K.S.A. 38-2302, and amendments thereto, and juvenile correctional facilities as defined in K.S.A. 38-2302, and amendments thereto.

History: L. 2013, ch. 88, § 1; July 1.

12-16,135. Severability.

          If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

History: L. 2014, ch. 119, § 5; July 1.

12-16,136. Regulating consumer incentive items and nutrition labeling of food; definitions.

          As used in this section and K.S.A. 12-16,137, and amendments thereto:

          (a) ‘‘Food’’ means substances, whether in liquid, concentrated, solid, frozen, dried or dehydrated form, that are sold for ingestion by humans and are consumed for their taste or nutritional value. ‘‘Food and food ingredients’’ does not include alcoholic beverages or tobacco.

          (b) ‘‘Food that is a menu item in vending machines’’ means food dispensed through a machine or other mechanical device that accepts payment.

          (c) ‘‘Retail food establishment’’ or ‘‘food service operation’’ means any place in which food is served or is prepared on the premises for retail sale or service in a heated state or heated by the seller, mixed or combined by the seller for sale as a single item or sold with eating utensils provided by the seller and is intended for immediate consumption. Such term shall include, but not be limited to, fixed or mobile restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich shops, soda fountains, taverns, private clubs, roadside kitchens, commissaries, drive-in restaurants and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

          (d) ‘‘Food nutrition information’’ includes, but is not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, sodium and allergen content of food. ‘‘Food nutrition information’’ also includes the designation of food as healthy or unhealthy.

          (e) ‘‘Political subdivision’’ means political or taxing subdivisions of the state, including counties, townships, cities, school districts, authorities or other municipal or public corporations, agencies, boards, commissions, councils, committees, subcommittees and other subordinate groups or administrative units thereof, receiving or expending and supported, in whole or in part, by public funds.

          (f) ‘‘Consumer incentive item’’ means any licensed media character, toy, game, trading card, contest, point accumulation, club membership, admission ticket, token, code or password for digital access, coupon, voucher, incentive, crayons, coloring placemats or other premium, prize or consumer product that is associated with a meal served by or acquired

from a food service operation.

History: L. 2016, ch. 104, § 1; July 1.

12-16,137. Same; prohibitions; exceptions.

          (a) The regulation of consumer incentive items and nutrition labeling for food and nonalcoholic beverages that are menu items in restaurants, retail food establishments or vending machines is reserved to the legislature and may be regulated only by legislation of statewide application enacted after the effective date of this act. The regulation of the provision of food nutrition information and consumer incentive items at food service operations and how food service operations are characterized are matters of general statewide interest that require statewide regulation, and rules and regulations adopted under this section constitute a comprehensive plan with respect to all aspects of the regulation of the provision of food nutrition information and consumer incentive items at food service operations in this state. Rules and regulations adopted under this act shall be applied uniformly throughout this state.

          (b) The state of Kansas, and any political subdivision thereof, shall not do any of the following:

          (1) Enact, adopt or continue in effect local legislation relating to the provision or nonprovision of food nutrition information or consumer incentive items at food service operations;

          (2) condition any license, permit or regulatory approval upon the provision or nonprovision of food nutrition information or consumer incentive items at food service operations;

          (3) ban, prohibit or otherwise restrict food at food service operations based upon the food’s nutrition information or upon the provision or nonprovision of consumer incentive items;

          (4) condition any license, permit or regulatory approval for a food service operation upon the existence or nonexistence of food-based health disparities;

          (5) where food service operations are permitted to operate, ban, prohibit or otherwise restrict a food service operation based upon the existence or nonexistence of food-based health disparities as recognized by the department of health, the institute of health or the centers for disease control;

          (6) restrict the sale, distribution or serving of foods and nonalcoholic beverages that are approved for sale by the United States department of agriculture or other federal or state government agencies; or

          (7) restrict the growing or raising of livestock or grain, vegetables, fruits or other crops grown or raised for food and approved for sale by the United States department of agriculture or other federal or state government agencies.

          (c) K.S.A. 12-16,136 and this section, and amendments thereto, shall not be interpreted as being more restrictive than any federal law or affecting in any manner the regulation of the nutrition labeling of food that is a menu item in restaurants, retail food establishments and vending machines pursuant to the federal food, drug and cosmetic act, 21 U.S.C. § 343(q)(5)(H).

          (d) Nothing in K.S.A. 12-16,136 and this section, and amendments thereto, restricts a political subdivision, as defined herein, from owning or managing a food service facility and from purchasing and serving food products according to the Kansas food code and their own policies as long as those policies are not laws or ordinances restricting any other entity.

          (e) Nothing in K.S.A. 12-16,136 and this section, and amendments thereto, shall be construed as limiting or restricting the zoning authority of a political subdivision authorized by article 7 of chapter 12 or article 29 of chapter 19 of the Kansas Statutes Annotated, and amendments thereto, or by any other provision of law.

          (f) Nothing in K.S.A. 12-16,136 and this section, and amendments thereto, restricts a political subdivision, as defined herein, from creating and promulgating food nutrition information or food-based health disparity information, only in accordance with the United States department of agriculture dietary guidelines for Americans promulgated under 7 U.S.C. § 5341, as long as the information is not contained in a law or ordinance restricting any other entity.

          (g) Nothing in this act restricts a political subdivision from financially participating in a food assistance program as long as that program operates in accordance with the United States department of agriculture dietary guidelines for Americans promulgated under 7 U.S.C. § 5341, and as long as the program is not contained in a law or ordinance restricting any other entity.

History: L. 2016, ch. 104, § 2; July 1.

12-16,138. Cities; counties; prohibiting periodic interior inspections of residential property; exceptions.

          (a) No city or county shall adopt, enforce or maintain a residential property licensing ordinance or resolution which includes a requirement for periodic interior inspections of privately owned residential property for city or county code violations unless the lawful occupant has consented to such interior inspections. This subsection shall not apply to inspections of mixed-use residential and commercial property. This subsection shall not prohibit a city or county from conducting plan reviews, periodic construction inspections or final occupancy inspections as required by building permits.

          (b) Any lawful occupant residing in privately owned residential housing located within the corporate limits of a city may request an inspection at any time by the city or, if the property is located in the unincorporated area of the county, by the county to determine code violations.

History: L. 2016, ch. 104, § 3; July 1.

12-16,139. (Tentative statute number) Erosion of local control; Catastrophic events, insurance claims handling operations to remain unfettered by local restrictions.

          (a) Except as otherwise provided in this section, at the time of any catastrophic event threatening life or property, no political subdivision shall impose restrictions or enforce local licensing or registration ordinances with respect to an insurer’s claims handling operations.

d        (b) Any insurer establishing claims handling operations pursuant to this section shall provide notice to a city or county prior to establishing such operations.

          (c) Nothing in this section shall prohibit a political subdivision from exercising its police power when necessary to preserve public health and welfare, including, but not limited to, enforcing building, zoning and fire safety codes.

          (d) As used in this section:

          (1) "Claims handling operations" includes, but is not limited to, the establishment of a base of operations on a temporary basis, not to exceed six months, by an insurer within the disaster area and the investigation and handling of claims by personnel authorized by any such insurer; and

          (2) "insurer" means an insurance company as defined in K.S.A. 40-201, and amendments thereto.

History: L. 2018, ch. ___, § 1, (HB 2469); July 1.

12-16,140. (Tentative statute number) Erosion of local control; prohibiting governmental entities from prohibiting the wearing of tribal regalia and objects of cultural significance.

          (a) The legislature hereby declares that the purpose of this act is to help further the state’s recognition of the distinct and unique cultural heritage of the Native Americans and the state’s commitment to preserving the Native Americans’ cultural integrity.

          (b) No state agency or municipality shall prohibit an individual from wearing traditional tribal regalia or objects of cultural significance at a public event.

          (c) For purposes of this section:

          (1) "Municipality" means any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof.

          (2) "Public event" means an event held or sponsored by a state agency or municipality, including, but not limited to, an award ceremony, a graduation ceremony or a meeting of a governing body.

          (3) "State agency" means the state of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumentality thereof.

          (d) On the effective date of this act, the secretary of state shall send a copy of this act to each tribal government located on the four Kansas reservations.

History: L. 2018, ch. ___, § 1 (HB 2498); April 5.