19-101a. Home rule powers; limitations, restrictions and prohibitions; procedure. (a) The board of county commissioners may transact all county business and perform all powers of local legislation and administration it deems appropriate, subject only to the following limitations, restrictions or prohibitions:
(1) Counties shall be subject to all acts of the legislature which apply uniformly to all counties.
(2) Counties may not affect the courts located therein.
(3) Counties shall be subject to acts of the legislature prescribing limits of indebtedness.
(4) In the exercise of powers of local legislation and administration authorized under provisions of this section, the home rule power conferred on cities to determine their local affairs and government shall not be superseded or impaired without the consent of the governing body of each city within a county which may be affected.
(5) Counties may not legislate on social welfare administered under state law enacted pursuant to or in conformity with public law No. 271 – 74th congress, or amendments thereof.
(6) Counties shall be subject to all acts of the legislature concerning elections, election commissioners and officers and their duties as such officers and the election of county officers.
(7) Counties shall be subject to the limitations and prohibitions imposed under K.S.A. 12-187 through 12-195, and amendments thereto, prescribing limitations upon the levy of retailers' sales taxes by counties.
(8) Counties may not exempt from or effect changes in statutes made nonuniform in application solely by reason of authorizing exceptions for counties having adopted a charter for county government.
(9) No county may levy ad valorem taxes under the authority of this section upon real property located within any redevelopment project area established under the authority of K.S.A. 12-1772, and amendments thereto, unless the resolution authorizing the same specifically authorized a portion of the proceeds of such levy to be used to pay the principal of and interest upon bonds issued by a city under the authority of K.S.A. 12-1774, and amendments thereto.
(10) Counties shall have no power under this section to exempt from any statute authorizing or requiring the levy of taxes and providing substitute and additional provisions on the same subject, unless the resolution authorizing the same specifically provides for a portion of the proceeds of such levy to be used to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto.
(11) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-4601 through 19-4625, and amendments thereto.
(12) Except as otherwise specifically authorized by K.S.A. 12-1,101 through 12-1,109, and amendments thereto, counties may not levy and collect taxes on incomes from whatever source derived.
(13) Counties may not exempt from or effect changes in K.S.A. 19-430, and amendments thereto.
(14) Counties may not exempt from or effect changes in K.S.A. 19-302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.
(15) Counties may not exempt from or effect changes in K.S.A. 19-15,139, 19-15,140 and 19-15,141, and amendments thereto.
(16) Counties may not exempt from or effect changes in the provisions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-1226, and amendments thereto, or the provisions of K.S.A. 12-1260 through 12-1270 and 12-1276, and amendments thereto.
(17) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-211, and amendments thereto.
(18) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-4001 through 19-4015, and amendments thereto.
(19) Counties may not regulate the production or drilling of any oil or gas well in any manner which would result in the duplication of regulation by the state corporation commission and the Kansas department of health and environment pursuant to chapter 55 and chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any rules and regulations adopted pursuant thereto. Counties may not require any license or permit for the drilling or production of oil and gas wells. Counties may not impose any fee or charge for the drilling or production of any oil or gas well.
(20) Counties may not exempt from or effect changes in K.S.A. 79-41a04, and amendments thereto.
(21) Counties may not exempt from or effect changes in K.S.A. 79-1611, and amendments thereto.
(22) Counties may not exempt from or effect changes in K.S.A. 79-1494, and amendments thereto.
(23) Counties may not exempt from or effect changes in K.S.A. 19-202(b), and amendments thereto.
(24) Counties may not exempt from or effect changes in K.S.A. 19-204(b), and amendments thereto.
(25) Counties may not levy or impose an excise, severance or any other tax in the nature of an excise tax upon the physical severance and production of any mineral or other material from the earth or water.
(26) Counties may not exempt from or effect changes in K.S.A. 79-2017 or 79-2101, and amendments thereto.
(27) Counties may not exempt from or effect changes in K.S.A. 2-3302, 2-3305, 2-3307, 2-3318, 17-5904, 17-5908, 47-1219, 65-171d, 65-1,178 through 65-1,199, 65-3001 through 65-3028, and amendments thereto.
(28) Counties may not exempt from or effect changes in K.S.A. 80-121, and amendments thereto.
(29) Counties may not exempt from or effect changes in K.S.A. 19-228, and amendments thereto.
(30) Counties may not exempt from or effect changes in the Kansas 911 act.
(31) Counties may not exempt from or effect changes in K.S.A. 26-601, and amendments thereto.
(32) (A) Counties may not exempt from or effect changes in the Kansas liquor control act except as provided by paragraph (B).
(B) Counties may adopt resolutions which are not in conflict with the Kansas liquor control act.
(33) (A) Counties may not exempt from or effect changes in the Kansas cereal malt beverage act except as provided by paragraph (B).
(B) Counties may adopt resolutions which are not in conflict with the Kansas cereal malt beverage act.
(34) Counties may not exempt from or effect changes in the Kansas lottery act.
(35) Counties may not exempt from or effect changes in the Kansas expanded lottery act.
(36) Counties may neither exempt from nor effect changes to the eminent domain procedure act.
(37) Any county granted authority pursuant to the provisions of K.S.A. 19-5001 through 19-5005, and amendments thereto, shall be subject to the limitations and prohibitions imposed under K.S.A. 19-5001 through 19-5005, and amendments thereto.
(38) Except as otherwise specifically authorized by K.S.A. 19-5001 through 19-5005, and amendments thereto, counties may not exercise any authority granted pursuant to K.S.A. 19-5001 through 19-5005, and amendments thereto, including the imposition or levy of any retailers' sales tax.
(39) Counties may not exempt from or effect changes in K.S.A. 65-201 and 65-202(a), (b), (d), (e) and (f), and amendments thereto.
(b) Counties shall apply the powers of local legislation granted in subsection (a) by resolution of the board of county commissioners. If no statutory authority exists for such local legislation other than that set forth in subsection (a) and the local legislation proposed under the authority of such subsection is not contrary to any act of the legislature, such local legislation shall become effective upon passage of a resolution of the board and publication in the official county newspaper. If the legislation proposed by the board under authority of subsection (a) is contrary to an act of the legislature which is applicable to the particular county but not uniformly applicable to all counties, such legislation shall become effective by passage of a charter resolution in the manner provided in K.S.A. 19-101b, and amendments thereto.
(c) Any resolution adopted by a county which conflicts with the restrictions in subsection (a) is null and void.
History: L. 1974, ch. 110, § 2; L. 1975, ch. 152, § 1; L. 1976, ch. 121, § 1; L. 1978, ch. 56, § 10; L. 1979, ch. 52, § 9; L. 1980, ch. 84, § 3; L. 1980, ch. 85, § 1; L. 1982, ch. 114, § 1; L. 1982, ch. 63, § 11; L. 1982, ch. 115, § 1; L. 1983, ch. 91, § 1; L. 1983, ch. 92, § 1; L. 1984, ch. 97, § 1; L. 1984, ch. 98, § 27; L. 1984, ch. 69, § 8; L. 1984, ch. 69, § 9; L. 1985, ch. 208, § 1; L. 1985, ch. 95, § 2; L. 1986, ch. 98, § 4; L. 1986, ch. 203, § 1; L. 1990, ch. 89, § 3; L. 1990, ch. 358, § 2; L. 1992, ch. 133, § 13; L. 1993, ch. 95, § 1; L. 1994, ch. 109, § 1; L. 1996, ch. 68, § 2; L. 1998, ch. 188, § 10; L. 1999, ch. 146, § 4; L. 2000, ch. 159, § 2; L. 2001, ch. 103, § 14; L. 2001, ch. 211, § 3; L. 2002, ch. 108, § 9; L. 2003, ch. 35, § 9; L. 2004, ch. 72, § 20; L. 2004, ch. 180, § 4; L. 2005, ch. 186, § 8; L. 2005, ch. 201, § 1; L. 2006, ch. 207, § 4; L. 2007, ch. 110, § 57; L. 2009, ch. 141, § 41; L. 2012, ch. 170, § 3; L. 2014, ch. 127, § 4; L. 2019, ch. 39, § 18; L. 2020, ch. 1, § 25 (Special Session); L. 2024, ch. 38, § 1; July 1.
Revisor's Note:
Section was also amended by L. 2009, ch. 143, § 7, but that version was repealed by L. 2009, ch. 141, § 45.
Section was amended twice in 2007 session, see also 19-101m.
Section was amended three times in 2006 session, see also 19-101l. Amendment by L. 2006, ch. 192, § 4 was repealed by L. 2007, ch. 158 § 10.
Section was amended twice during 2004 session, see also 19-101k.
Section was also amended by L. 2001, ch. 147, sec. 4, but that version was repealed by L. 2001, ch. 211, sec. 18.
Section was amended twice in 1999 session, see also 19-101j.
Section was amended twice in the 1998 session; see also 19-101i.
Section was amended twice in 1993 session, see also 19-101h.
Section was amended twice in 1992 session, see also 19-101g.
Cross References to Related Sections:
Delegation of powers of local legislation and administration, see Kansas Constitution, article 2, § 21.
Limitations and procedures for exercise of home rule powers of taxation, see 19-117.
Uniformity of pesticide law, see 2-2480.
Law Review and Bar Journal References:
"Home Rule and Environmental Regulation in Kansas," David E. Pierce, 26 K.L.R. 535, 539 (1978).
"Cooperation By Contract: Interlocal Agreements," Theresa Marcel Nuckols, 59 J.K.B.A. No. 3, 25, 26 (1990).
"Municipal Corporations: Home Rule—The Power of Local Self-Government and the Effect of State Enabling Legislation [Blevins v. Hiebert, 247 Kan. 1, 795 P.2d 325 (1990)]," Tonya L. O'Hern, 30 W.L.J. 554, 557, 558, 560, 561, 562, 563, 564 (1991).
"Should There Be Home Rule for Kansas School Districts?" Charles Benjamin, 5 Kan. J.L. & Pub. Pol'y, No. 3, 175, 176, 183 (1996).
"Home Rule Power for Cities and Counties in Kansas," Michael R. Heim, 66 J.K.B.A. No. 1, 26 (1997).
"Home Rule, A Primer," Michael R. Heim, 74 J.K.B.A. No. 1, 26 (2005).
"Status Update: County Home Rule in Kansas," Jeffrey Bourdon, 28 Kan. J.L. & Pub. Pol'y 173 (2018).
Attorney General's Opinions:
Home rule powers; budget law limitations on use of proceeds from sale of county farm. 79-26.
Hospitals; medical clinics. 79-47.
County hospitals; lease of hospital facilities. 79-66.
Home rule powers; establishment and operation of fire districts. 79-103.
Fire safety and prevention; state and local regulation of sale and use of fireworks. 79-110.
General provisions; home rule powers. 79-113, 79-115.
County buildings; acquisition of site by condemnation. 79-118.
Home rule powers; industrial revenue bonds. 79-141.
Solid waste; application of county plan to cities in county. 79-174.
Dedication and use of water; county home rule power. 79-187.
Unsafe bridges; duties of county officers. 79-205.
Investment of idle funds; authority of counties. 79-233.
General provisions; sale of county property. 79-245.
Fees and salaries; advances on travel expenses. 79-264.
Restrictions on maximum speed limits; powers of local authorities. 79-272.
Public improvements; powers of improvement districts. 79-303.
Uniform act regulating traffic on highways; operation of snowmobiles on city streets. 79-307.
Fire protection; multicounty fire districts. 80-23.
County homes; management by board of trustees created under county's home rule powers. 80-59.
Local prohibition of storage of nuclear waste. 80-65.
County commissioners; control of expenditures. 80-69.
Legal holidays; observance of holidays. 80-86.
Home rule powers. 80-87, 80-88, 80-144.
Exercise of home rule authority to raise revenue for salaries of firefighters. 80-89.
Consolidation of county engineer's office and duties with those of county road supervisor. 80-98.
County counselor; duties regarding conservation districts. 80-121.
Prescribing duties of county officers. 80-138.
Deposit of tax receipts; allocation of interest earned prior to distribution. 80-174.
Kansas constitution; uniform operation of laws of a general nature. 80-199.
Funding for waste collection system. 80-221.
Land surveys; review by county surveyor or engineer before recordation. 80-248.
Home rule powers; antinepotism policy. 80-264.
City and county service programs for the elderly; procedure for submitting tax levy proposition to voters. 81-33.
Limitations on tax levies; charter resolution exempting county from limitation on tax levy for library. 81-34.
Hospitals; medical clinics. 81-37.
General provisions; transaction of county business. 81-86.
Collection of delinquent personal property taxes; dormant tax judgments. 81-111.
General provisions; home rule powers. 81-112.
Aggregate tax limitations; applicability to taxes levied by counties to support district courts. 81-134.
Board of county commissioners; antinepotism resolution affecting individuals currently employed. 81-140.
County commissioners; powers and duties; publication of policies and procedures manual. 81-146.
Cemetery corporations; establishment of cemetery district; procedure. 81-167.
Aggregate tax levy limitations; exemption of county from limitations. 81-168.
Public officers and employees; conflicts of interest. 81-170.
Cemeteries; responsibility of municipality to maintain abandoned cemeteries. 81-183.
Charge and custody of jail; prison meals. 81-190.
County commissioners; expending public funds for lobbying; public purpose. 81-208.
Boards of education; organization, powers, finances; expending public funds for lobbying on proposed severance tax. 81-216.
County and township roads; use of seismographic equipment on county roads. 81-242.
Hospitals; additions to medical clinics. 81-243.
County clerks; county clerk as candidate for county commission. 81-284.
General provisions; use of home rule power to require premarital blood test. 81-286.
County commissioners; control of county clerk's office. 81-287.
County surveyor or engineer; costs of official survey. 82-13.
Delinquent taxes and assessments. 82-23.
County and city retailers' sales tax; procedure for adoption. 82-29.
Hospitals; power of board of trustees to finance medical education. 82-32.
Ambulance service; limitations on expenditure of tax proceeds. 82-85.
Planning and zoning; inapplicability of county home rule powers. 82-87.
Planning and zoning; county engineer's status on planning board. 82-93.
Fees and salaries; advancement of travel expenses to sheriff's officers. 82-100.
General provisions; elections; private hospital corporations. 82-146.
Size, weight and load of vehicles; powers of local authorities. 82-151.
Aggregate tax levy limitation; exemption of county from limitation. 82-154.
General provisions; home rule powers; limitations. 82-186.
Intangibles tax; repeal thereof. 82-189.
Planning and zoning; home rule powers; limitations. 82-200.
Hospitals; use of donations to finance medical education. 82-251.
Public improvements; sewage disposal works; costs; methods of assessment. 82-276.
County commissioners; eligibility to serve simultaneously as county hospital trustee. 83-11.
Emergency preparedness for disasters; authority of counties to enter interjurisdictional agreements. 83-53.
General provisions; countywide retailers' sales taxes; pledging of revenue received. 83-57.
General provisions; home rule powers; limitation on tax levies. 83-80.
Jails; city prisoners; compensation for maintenance. 83-93.
Weeds; control and eradication of noxious weeds; sale of chemicals for use on private property; price. 83-106.
Prairie dog eradication; duty of township trustees; entry on private land and assessment costs. 83-127.
General provisions; home rule powers; executive reorganization. 83-129.
General provisions; home rule powers; limitations, restrictions and prohibitions. 84-5.
Solid waste; collection and disposal by county; schedule of fees. 84-97.
Planning and zoning; regulations inapplicable to agricultural purposes; home rule authority. 85-39.
County counselor; duties; social security benefits. 85-41.
Home rule; acquisition of real property for industrial site. 85-52.
General provisions; home rule; arterial highways. 85-90.
Home rule; transaction of county business; reducing salaries of county officers. 85-147.
Public letting of contracts; prequalification of bidders. 85-168.
Office hours of the district court. 86-21.
Home rule; acquisition of real property for industrial sites. 86-40.
Clerk of district court; exemption from limitations imposed by county home rule powers. 86-55.
County counselor; duties; who may hold public office. 86-174.
County commissioners' control over sheriff's budget. 87-37.
Drug testing of county employees; constitutionality. 87-49.
Counties and county officers; powers and duties; conveying real property for use as federal prison site; home rule powers. 87-164, 88-14.
Counties and county officers; powers; home rule; automobiles and other vehicles; weight and load restrictions. 87-173.
County commissioners; general powers; home rule powers; foreclosure purchases by elected county officials. 87-177.
Governmental organization; new appointive office; elimination of elective office; public election. 88-5.
Public health; hazardous waste; local, state, and federal regulation. 88-16.
Interlocal agreements; failure to file; status. 88-37.
Alcoholic beverage and cereal malt beverage sales; Sunday sale for consumption off licensed premises. 88-56.
County ambulance service; tax levy; home rule powers. 88-63.
Solid and hazardous waste; solid waste; restrictions on local authorities. 88-80.
Home rule powers of cities and counties; bond issuance. 88-92.
Home rule; advisory elections. 88-153.
Zoning; mobile home in zoned agricultural area; agricultural purposes. 88-156.
Control and eradication of noxious weeds; home rule powers. 89-73.
Home rule alteration of administrative board's jurisdiction and powers. 90-2.
County planning and zoning; agricultural purposes; greyhound operations. 90-68.
Parole and court service officers; county's responsibility for certain expenses; travel expenses. 90-88.
Home rule; renovation of county courthouse. 91-3.
Collection of delinquent taxes in certain counties; release or waiver of tax lien by Sedgwick county. 91-5.
County home rule powers; oil and gas injection wells; regulatory provisions; definitions. 91-44.
Home rule powers; expenditures; public purpose. 91-53.
Cemetery corporations; funding by counties. 91-75.
Counties and county officers; home rule powers; economic development; radio station funding. 91-89.
City election to permit or prohibit sale of liquor by the drink; city's authority to prevent licensure thereof. 91-91.
Operation and maintenance of emergency medical services; tax levies; protest petition, election; reimbursement of certain taxing districts by counties. 91-107.
General bond law; local legislative powers; issuance of bonds. 91-144.
Home rule powers; limitations; ability to opt out of state regulation regulating open burning. 92-10.
Motor vehicle drivers' license act; restricted licenses; persons aged 14-16. 92-22.
Emergency telephone service tax; imposition by cities and counties. 92-36.
Sale of county property; use of trade-ins. 92-110.
County commission cannot, by charter ordinance, change term limitations of county officials which are established by statute. 92-134.
Emergency telephone services; cellular telephones; county home rule power. 93-65.
Community mental health centers and facilities for persons with intellectual disability; tax levy; use of proceeds. 93-134.
Authority of county to sell delinquent tax liens. 94-2.
Contracts for assistance in collecting property taxes. 94-8.
Home rule powers; administrative assistant; county department of corrections and rehabilitation. 94-19.
Reimbursement of attorney fees to county officer or employee in defense of criminal prosecution. 94-28.
Public building commission; acquisition of sites and facilities; home rule powers; bond issues. 94-45.
Recreation commission; annual budget; tax levy; creation under home rule power. 94-72.
Authority of county commission to require a city to establish mandatory trash collection. 94-75.
Limitation and procedure on home rule power of taxation; county option severance tax on water. 95-8.
Collection and disposal of solid waste by county; assessment and collection of fees. 95-21.
Home rule powers; charter resolutions; severance tax on quarried rock. 95-30.
Home rule powers; use of county road personnel and equipment to fight fires. 95-37.
County waste disposal; "tipping" fees; use of proceeds; delegation of authority to regional entity. 95-87.
Expenditures for operation of district court; not subject to county purchasing policy. 96-4.
County nonelected employee required to take unpaid leave of absence while a candidate running for elected county office. 96-9.
Reimbursement of travel expenses for members of planning commission is not compensation. 96-16.
County authority to rescind corporate farming resolution; effect; rights of property owner. 96-21.
District courts in Johnson and Sedgwick county; purchase of supplies through county purchasing officer; constitutionality; exercise of county home rule. 96-40.
Community corrections act; authority for additional county fee. 96-54.
County is authorized but not required to provide grave markers for veterans. 96-63.
Motor vehicle registration fee statutes are uniform; not subject to home rule. 96-65.
County has no authority to provide for election of trustees of fire district established under K.S.A. 19-3601 et seq. 96-67.
County may create position of (prisoner) transport officer in county department of corrections. 96-69.
Area agencies on aging; authority which may be exercised by boards of county commissioners. 97-5.
County personnel policies; tenure of county employees; authority of county commissioners; application to deputies and assistants of sheriff. 97-16.
Exercise of county home rule authority to prohibit hazardous waste injection wells or nonhazardous waste injection wells. 97-19.
County-city consolidation; election of members of governing board, residential requirements; affect upon USD; bonded indebtedness, limitations. 97-30.
Collection of delinquent personal property taxes; dates for mailing notice; change by county home rule. 97-32.
County contracts with out of state public agency for housing misdemeanants and juvenile offenders; conditions. 97-50.
County home rule; public purpose and welfare; exercise by resolution. 97-67.
Corporate swine production facilities; county authority. 97-72.
Corporate swine production; county commissioners may rescind resolution authorizing production though resolution took effect after protest election failed. 97-83.
County home for the aged; authority of county commissioners over administrator and board of trustees in management and control of home. 97-90.
Sale of county vehicle used for undercover operations; notice of sale. 97-91.
Swine confined feeding facilities; regulation; moratorium on water pollution control permits; equal protection or taking of property; county authority. 98-10.
Payment of real estate taxes; county authority to permit payment under an advance installment plan. 98-29.
Countywide retailers' sales tax; apportionment formula; county levy for use of state university. 1998-37.
County authority to impose local environmental standards or separation distances for confined animal feeding facilities which are more strict than state law. 1998-41.
County charter commission may provide for chairperson to be elected at-large. 1999-58.
County's use of home rule powers to establish a recycling program; procedure therefor. 2000-14.
Procedures for imposition of countywide and city retailers' sales tax. 2000-16.
County hospital board; terms of office, election thereto; involvement of county commissioners. 2000-28.
Local legislation to prohibit "ticket scalping." 2000-55.
Resolution prohibiting cloud seeding not a valid exercise of county home rule powers. 2000-62.
County commissioners may exercise home rule powers to abolish county planning commission. 2001-24.
All county roads are required to be classified pursuant to K.S.A. 68-116, and this requirement may not be modified by charter resolution. 2002-33.
Board of county commissioners may use its home rule powers to impose fee for permit authorizing cremation. 2002-34.
County may charter out of provisions of Consolidated Law Enforcement Act, but with limitation. 2003-9.
County commissioners do not have authority to hire, fire, demote or promote individuals in the sheriff's office. 2003-15.
City required to use county owned waste disposal facility; withdrawn and supplanted by 2003-16A. 2003-16.
County not required to pay mileage between employee's residence and place of work but may do so for valid public purpose. 2004-30.
County may not create a special sheriff fund or tax. 2006-5.
Home rule powers; severance of excise tax on quarried rock prohibited; permissible impact fee discussed. 2006-17.
County home rule authority may not be used to alter provisions of sales tax act. 2006-24.
Mentioned in discussion of clerical errors in tax assessments and county commission's powers. 2007-22.
Counties cannot exercise home rule on behalf of fire districts. 2007-34.
Expanded lottery act does not require applicant to provide endorsement resolution or planning/zoning approval when application filed. 2008-5.
Fees collected by county treasurer for issuing registrations and certificates of title cannot be used for security cameras. 2008-11.
Property of an LLC operating within Fort Riley is subject to taxation, absent a specific exemption. 2009-1.
Cities and counties may regulate lodging establishments by requiring licenses and imposing safety and sanitary standards. 2010-7.
A board of county commissioners cannot direct the treasurer to allocate funds other than the manner prescribed by K.S.A. 79-3425c. 2010-19.
School district may use proceeds from its general fund, supplemental general fund and capital outlay fund to pay the costs of remodeling or renovating a building that it intends to lease or sell to a third party. 2011-12.
County does not have authority to post and distribute explanatory statements at polling places and with advance ballots. 2014-4.
CASE ANNOTATIONS
1. Regulation of railroads is a matter of statewide concern and beyond home rule power of county by reason of state preemption. Missouri Pacific Railroad v. Board of Greeley County Comm'rs, 231 Kan. 225, 226, 227, 230, 643 P.2d 188 (1982).
2. Supreme Court not prevented from considering pertinent limitation on home rule enacted after trial court's judgment; statute constitutional and operates retrospectively. State ex rel. Stephan v. Board of Lyon County Comm'rs, 234 Kan. 732, 738, 740, 676 P.2d 134 (1984).
3. Cited upholding constitutionality of Thomas county hospital transfer act (K.S.A. 19-133, 19-18,134). Ullrich v. Board of Thomas County Comm'rs, 234 Kan. 782, 787, 676 P.2d 127 (1984).
4. Home rule powers subject to legislature; counties may not affect courts located therein. Board of Sedgwick County Comm'rs v. Noone, 235 Kan. 777, 780, 682 P.2d 1303 (1984).
5. Raising constitutionality of resolution regulating adult entertainment centers proper where both general and special rules on First Amendment issues raised. Moody v. Board of Shawnee County Comm'rs, 237 Kan. 67, 70, 73, 697 P.2d 1310 (1985).
6. County resolution assessing use permit fee for oil and gas operations is invalid; fees paid thereunder should be refunded. Billy Oil Co. v. Board of Leavenworth County Comm'rs, 240 Kan. 702, 703, 732 P.2d 737 (1987).
7. Authority of county commission to increase quorum requirements determined. State ex rel. Stephan v. Board of Sedgwick County Comm'rs, 244 Kan. 536, 540, 770 P.2d 455 (1989).
8. County's authority to use home rule powers to opt out of nonuniform state law (arterial highway act, K.S.A. 68-580 et seq.) and issue general obligation bonds for highway projects examined. Blevins v. Hiebert, 13 Kan. App. 2d 318, 770 P.2d 486 (1989); opinion at 245 Kan. 646 (1989) reversing Court of Appeals withdrawn by Supreme Court order filed Jan. 31, 1990; affirmed, 247 Kan. 1, 795 P.2d 325 (1990).
9. Municipal corporation not bound by results of advisory election despite pre-election promises made by members of governing body. Blevins v. Board of Douglas County Comm'rs, 251 Kan. 374, 375, 834 P.2d 1344 (1992).
10. Cited in holding "fuel flowage fee" imposed on aviation fuel transported onto city-county airport held to be a tax prohibited by uniform application of K.S.A. 79-3424. Executive Aircraft Consulting, Inc. v. City of Newton, 252 Kan. 421, 423, 845 P.2d 57 (1993).
11. County appraisers permitted to hire outside agencies to assist in assessment of properties within county; "tax ferret" metaphor inapplicable. Dillon Stores v. Lovelady, 253 Kan. 274, 278, 855 P.2d 487 (1993).
12. Statute applies uniformly to all counties; additional requirement that appraiser be licensed or certified not an exercise of county's police power; home rule resolution invalid. Board of Trego County Comm'rs. v. Kansas Dept. of Revenue, 261 Kan. 927, 930, 931, 933 P.2d 691 (1997).
13. Consolidation act (K.S.A. 12-340 et seq.) is not inconsistent with restrictions imposed on county consolidation by county home rule statutes. State ex rel. Tomasic v. Unified Gov. of Wyandotte Co./Kansas City, 264 Kan. 293, 323, 955 P.2d 1136 (1998).
14. Sheriff, not board of county commissioners, has authority to hire and fire deputies but may be required to get commissioners' approval for purchases outside approved budget. Board of Lincoln County Comm'rs v. Nielander, 275 Kan. 257, 62 P.3d 247 (2003).
15. County may not regulate confined animal feeding operations more strictly than state provisions through passage of resolution. David v. Board of Norton County Comm'rs, 277 Kan. 753, 89 P.3d 893 (2004).
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