Excerpts from K.S.A. Chapter 12

Article 16.--MISCELLANEOUS PROVISIONS

Current through end of 2018 legislative session

 

12-1672a      Public agencies authorized to offer rewards for information related to criminal acts; definitions.

12-16,115     Imitation firearms; civil penalty for sale, manufacture or distributio

12-16,117     Municipal policies regarding assistance during time of disaster; immunity from liability

12-16,119     Booking or processing fee; disbursement; fee limitation

12-16,120     Rent Control by political subdivisions precluded

12-16,123     Cities and counties prohibited from requiring lists of tenants; exceptions

12-16,124     Firearms and ammunition: regulatino by city or county, limitations

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

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

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

12-16,126     Kansas emergency communications preservation act

12-16,129     Accident response service fee prohibited.

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

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

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

12-16,133     Definitions

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

12-16,135     Severability

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

12-16,137     Same; prohibitions; exceptions

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


12-1672a. Public agencies authorized to offer rewards for information related to criminal acts; definitions.

(a)      As used in this act, public agency means any county, township, city, town, school district, community junior college, library district, road district, drainage or levee district, sewer district, water district, fire district, and any other similar political subdivision or taxing district of the state.

(b)      Whenever any crime or injurious offense has been committed or perpetrated against property which is owned, controlled or supervised by a public agency or against any person while present within or upon any such property, the governing body of such public agency may offer a reward or contribute moneys for information leading to the apprehension, adjudication as a juvenile offender or conviction for the crime of the perpetrator of such crime or injurious offense.

(c)      The governing body of each public agency is authorized to determine the amount to be offered or contributed under this section, but in no event shall the amount of any such reward or contribution exceed the sum of five hundred dollars ($500). Any such reward payment or contribution shall be made from any fund of the public agency from which general operating expenses are paid.

History: L. 1979, ch. 85, § 1; July 1.


12-16,115 Imitation firearms; civil penalty for sale, manufacture or distribution.

(a)   Any person who sells, manufactures or distributes an imitation firearm in violation of this section shall be liable for a civil penalty in an action brought by the city attorney of the city or the county or district attorney of the county of not more than $10,000 for each violation. Penalties recovered pursuant to this section shall be deposited in the general fund of the city or county.

(b)   The sale, manufacture or distribution of imitation firearms shall be permissible if the imitation firearm is sold, manufactured or distributed:

        (1)   Solely for export in interstate or foreign commerce;

        (2)   solely for lawful use in theatrical productions, including motion picture, television and stage productions;

        (3)   for use in a certified or regulated athletic event or competition;

        (4)   for use in military or civil defense activities; or

        (5)   for public displays authorized by public or private schools.

(c)    As used in this section, the term "imitation firearm" means a replica of a firearm which is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. The term "imitation firearm" does not include: (1) A nonfiring collector's replica of an antique firearm which was designed prior to 1898, is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case; (2) a nonfiring collector's replica of a firearm which was designed after 1898, is historically significant, was issued as a commemorative by a nonprofit organization and is offered for sale in conjunction with a wall plaque or presentation case; or (3) a pneumatic, spring, spring-air or compressed-gas powered nonpowder gun that is commonly called an air gun and is designed to discharge BB's, pellets or paint balls.

History: L. 1990, ch. 96, § 1; July 1.


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.


12-16,119. Booking or processing fee; disbursement; fee limitation.

(a)   Any person convicted or diverted, or adjudicated or diverted under a preadjudication program, pursuant to K.S.A. 22-2906 et seq., K.S.A. 2018 Supp. 38-2346 et seq., or 12-4414 et seq., and amendments thereto, of a misdemeanor or felony contained in chapters 8, 41 or 65 of the Kansas Statutes Annotated, or the Kansas criminal code, and amendments thereto, where fingerprints are required pursuant to K.S.A. 21-2501, and amendments thereto, shall pay a separate court cost if the board of county commissioners or by the governing body of a city, where a city operates a detention facility, votes to adopt such a fee as a booking or processing fee for each complaint.

(b)   Such fee shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense.

(c)    Disbursements of these fees shall be to the general fund of the governing body responsible for the funding of the sheriff, police department or countywide law enforcement agency that obtains the fingerprints.

(d)   Such fee shall not exceed $45.

History: L. 1998, ch. 155, § 1; L. 2006, ch. 169, § 90; L. 2011, ch. 30, § 100; July 1.


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.


12-16,123. Cities and counties prohibited from requiring lists of tenants; exceptions.

(a)   As used in this section, "municipality" means any city or county or agency, department or other division of a city or county.

(b)   Except as provided by subsection (c) and as necessary to comply with the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, no municipality shall adopt or enforce an ordinance or resolution which requires any landlord to provide to such municipality a list of names of any tenants of such landlord.

(c)    A municipality may require a landlord to provide to the municipality a list of the names of tenants occupying the landlord's property if a citation for a violation of an ordinance or resolution adopted to protect the public health, safety or welfare has occurred on such property. Such list shall not be required to be provided until at least 30 days following the date of the issuance of a citation. Such list shall not be required if the landlord complies with the provisions of such ordinance or resolution.

History: L. 2001, ch. 147, § 2; July 1.


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; L. 2014, ch. 97, § 8; July 1.


12-16,129. Accident response service fee prohibited.

(a)   As used in this section:

        (1)   "Municipality" means a city, county, township, fire district or any other political and taxing subdivisions in this state.

        (2)   "Accident response service fee" means any fee imposed on the driver or owner of a motor vehicle, an insurance company or any other person, for the response to or investigation of a motor vehicle accident, but does not include the usual and customary charges for providing ambulance and emergency services when immediate action is required to save life, prevent suffering or disability or to protect and save property.

        (3)   "Emergency services" includes the actual costs of police, fire, technical rescue situations, including, but not limited to, vehicle extrication, trench rescue, high-angle rescue, confined-space rescue and swift-water rescue and emergency medical service personnel and equipment deemed appropriate by the municipality to address reasonably anticipated needs including, but not limited to, unknown number of injured persons and possible environmental and health threats involving hazardous material.

(b)   No municipality shall charge an accident response service fee to persons receiving emergency services inside or outside of such municipality, except for actual costs of providing such emergency services in response to a motor vehicle accident.

History: L. 2011, ch. 77, § 1; July 1.


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.