1) Governor Signs Gun Bill

During the legislative break, Governor Kathleen Sebelius signed SB 195 (http://www.kslegislature.org/bills/2006/195.pdf), a bill which preempts certain local ordinances regarding firearms and ammunition. In her signing message, the Governor noted:

“Today, I am signing Senate Bill 195 because it simplifies the gun laws in Kansas. Currently hunters and other law-abiding gun owners traveling across Kansas may unknowingly violate gun ordinances by simply driving through another town. Senate Bill 195 solves that problem by requiring many gun laws to be statewide in scope. Cities and counties will still retain the power to adopt zoning measures related to firearms and to regulate the carrying of firearms.

“In addition, Senate Bill 195 permits law enforcement agencies to sell or trade seized firearms; retired law enforcement officers to be trained to carry weapons according to federal law; and local sheriffs to execute warrants to seize guns from delinquent taxpayers. All of these are positive steps.

“I remain concerned about gun safety. I believe Senate Bill 195 will have a positive effect on hunters and other law-abiding Kansans. This result outweighs the concerns expressed about eliminating local gun ordinances, which are not uniform. I call on the Legislature to work with law enforcement officials to explore reasonable statewide standards for firearm transportation, storage, and possession.”

As a result of this legislation, local ordinances and resolutions regarding the purchase, transfer, ownership, storage, or transportation of firearms and ammunition will be null and void. Regarding transportation, a city or a county may have a local ordinance or resolution which requires the firearm to be unloaded and encased, but cannot be more restrictive. SB 195 does not affect local ordinances regarding the carrying or possession of firearms and ammunition.

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2) House Committee Passes Liquor Control Act Bill

The Senate passed SB 298 (http://www.kslegislature.org/bills/2006/298.pdf) at the end of the regular session, which purports to make the Liquor Control Act uniform. The changes made by the Senate were mostly positive for Kansas cities, including the ability to pass ordinances not in conflict with or contrary to the provisions of the Act, opt-out Sunday sales of packaged liquor, and opt-out Sunday sales of cereal malt beverage. The House Federal and State Affairs Committee held a hearing on Tuesday, April 26, 2005, to consider the bill. LKM testified in opposition to the bill as an unnecessary measure after three years of charter ordinances and some elections to allow for the Sunday sale of packaged liquor. Nevertheless, the Committee did pass out SB 298 with substantial revisions.

The most substantive amendment changes the way cities could allow for Sunday sales. With the Senate’s opt-out provision, all cities would have had Sunday sales unless the governing body passed an ordinance opting for the city not to allow for Sunday sales. Under the House committee provision, all cities that wish to allow for Sunday sales must submit the question to the electors at the November 2006 or subsequent general election. Until then, those cities that have allowed for Sunday sales will be able to continue to allow such sales. But even if the citizens of a city have previously voted to allow Sunday sales, they must do so again. Under the House committee version sale of packaged liquor would be prohibited on Easter. The House version also allows cities to pass ordinances that are not in conflict with or contrary to the Liquor Control Act. At this point, it is unclear whether or not the House will run the bill on the floor during the veto session or save it for next year’s session. If your city has concerns about the provisions, contact your Representative as soon as possible, because the veto session may only last a few days. The bill, if passed with changes, would likely go to a conference committee for further consideration.

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3) Governor Signs Bill to Amend Unilateral Annexation

Gov. Sebelius on April 18th signed House Sub for SB 24 (http://www.kslegislature.org/bills/2006/24.pdf) which amends the unilateral annexation procedures for Kansas cities. Unlike HB 2230 (http://www.kslegislature.org/bills/2006/2230.pdf) which proposed to create a “boundary commission” and would have effectively ended unilateral annexation in Kansas, SB 24 requires that cities “determine the advisability of the annexation.” The city must consider 16 different factors set forth in the legislation as guides in determining the advisability of the unilateral annexation. SB 24 clarifies that any city whose nearest boundary line is within one-half mile of the land being annexed has standing to challenge the reasonableness of the annexation and the adequacy of the service plan in district court and continues current law that gives any landowner within the annexed area the same right. The changes to unilateral annexation become effective July 1, 2005. The League opposed HB 2230 and appeared as a “neutral” party on SB 24.

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4) Sign up now for the Governing Body Institute & Appointed City Officials Institute

Sign up now for the Governing Body Insitute & Appointed City Officials Institute which will be held May 20 & 21, 2005, at the Capitol Plaza Hotel in Topeka, KS.

The Governing Body Institute and Appointed City Officials Institute is a required course in the Municipal Leadership Academy (MLA) curriculum, a continuing education program designed for and open to both elected and appointed city officials.

Click on the link below for more information and to register online.

Also, be sure to reserve your room for Friday, May 20, 2005, at the Capitol Plaza Hotel. The cut-off date for the room rate of $99 (King or Double Rooms) is May 6, 2005. You can call the Capitol Plaza Hotel at (785) 431-7200. Make sure you tell them you are with the League of Kansas Municipalities.

or click here, if the above link doesn't appear:
http://www.lkm.org/training/governing-body/index.htm

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