Memorandum

City of Lawrence

Legal Services Department

 

TO:

David L. Corliss, City Manager

 

FROM:

Toni Wheeler, Director of Legal Services

 

Date:

January 25, 2010

RE:

Update on Pending Legislation

 

 

 

The Kansas Legislature is considering a number of bills of interest to the City.  Staff attaches four bills and a brief summary of the status of each bill.  Staff requests direction from the City Commission on whether to communicate the City’s position on the bills to our legislative delegation and appropriate legislative committee members. 

 

HB 2428 (Vision 2020 Committee)  

This bill establishes a Drinking Water Supply Lakes Sustainability Fund and imposes a fee on and after July 1, 2011 at the rate of $.03 per 1,000 gallons of water sold at retail by a public water supply system.  The fund will be a part of the water marketing program administered through the Kansas Water Office.  The City, as a public water supplier, would be responsible for transmitting the fee to the Department of Revenue on a quarterly basis.  The City could collect the fee directly from each consumer that it sells water at retail to, or the City may pay the amount owed from its operating or other available funds.  The Director of the Kansas Water Office has the authority to expend funds, subject to the approval and recommendations of the Kansas Water Authority, the Kansas Biological Survey, and the State Conservation Commission.  The legislation authorizes expenditures from the Drinking Water Supply Lakes Sustainability Fund to be spent for certain purposes including measuring storage capacity of drinking water supply lakes, mapping surface and subsurface features of such lakes, testing for sediment, contaminants and other factors affecting water quality, assessing and predicting algae blooms and other factors that lead to drinking water impairment, and studying and implementing sedimentation flow control techniques. 

 

Status:  The Vision 2020 Committee held a hearing on this bill on Wednesday, January 20, 2010.  We have been advised that the bill has been tabled in Committee.  We have also heard that it may be referred to an Interim Committee for further study. 

 

HB 2515 (Commerce and Labor Committee)

This bill prohibits a municipality from adopting or enforcing any ordinance, order, code, standard or rule after July 1, 2010 that requires the installation of a residential fire protection sprinkler system in any residential structure.  The legislation permits the voluntary installation of a sprinkler system in a residential structure. 

 

The City has adopted the 2006 editions of the International Fire Code, the International Building Code, and the International Residential Code (and other international codes).  The current city codes, including our local amendments, do not require installation of a residential fire protection sprinkler system in residential structures.  However, the International Code Council (ICC) that publishes the international codes voted last summer to include a requirement in a future edition of the International Residential Code that sprinkler systems be installed in residential structures. If HB 2515 is enacted, no city could adopt or enforce an ordinance or code requiring the installation of sprinkler systems in residential structures.    

 

Status:  This bill was introduced on January 21, 2010 and referred to the House Local Government Committee.  A hearing on the bill is scheduled for Thursday, February 4, 2010.   The League of Kansas Municipalities has indicated the League will oppose the bill because it infringes on cities’ Home Rule authority.  The League believes decisions of this nature should be decided at the local level. 

 

SB 405 (Senate Ways and Means Committee)  

This bill amends the state statutes concerning the designation of an official city newspaper.  The bill authorizes cities to designate by resolution the official publication source for the city to be the official city web site.  A city could place its notices that are required to be published on the official city internet web site rather than publishing them in the newspaper.  The legislation will require the internet web site to have the following qualifications:  (1) the web site cannot be password protected; (2) the web site must be accessible to members of the general public; and (3) no fee can be associated with or charged for access to such internet web site.  Counties and school districts are also permitted to designate their web sites as their official publication source under this bill.

 

The City paid in excess of $50,000 in publication costs in 2009 for publishing ordinances, resolutions and other required notices in The Lawrence Journal World.  Senate 405, if passed, will significantly reduce or eliminate this expenditure for the City.  At the same time, the bill will ensure important information continues to reach the public in a convenient, efficient manner.  As city staff noted in November 2009, the City of Lawrence was recognized as a top-ranking U.S. Digital City in 2009 by a magazine for our use of technology to better serve our citizens.  Our web site received 554,833 visits in 2009, with visitors viewing 1,429,095 pages.   We have drafted a letter supporting Senate Bill 405 for the City Commission’s consideration. 

 

Status:  The Senate Ways and Means Committee held a hearing on the bill on Tuesday, January 26, 2010.  The League of Kansas Municipalities, Senator John Vratil, the Blue Valley school district, and the cities of Overland Park, Lenexa, the Unified Government of Wyandotte County and Louisburg all provided testimony in support of the bill.  The Kansas Press Association and a number of newspapers opposed the bill.    

 

SB 422 (Committee on Ethics and Elections)

This bill amends the statutes governing primary city elections.  In 2008, a bill passed amending the same statute and it was intended to reduce the number of primary elections.  The bill was poorly drafted and created confusion.  Senate Bill 422 is the Office of the Secretary of State’s attempt to clarify the statutes.  The League of Kansas Municipalities does not support the bill, stating it is unnecessary because cities can by charter ordinance, either eliminate the holding of a primary election or adopt provisions that existed prior to the 2008 amendments.  In 2009, Lawrence did not hold a primary for the city commission election because we had fewer candidates for office.  In years in which primary elections were held, we budgeted approximately $33,000 to cover the cost of the primary election.  The Senate Ethics and Election Committee held a hearing on Thursday, January 28, 2010 on this bill.  City staff will monitor this election legislation and return the issue to the City Commission after the Legislature adjourns.  At that time, the City Commission can decide whether a charter ordinance is necessary. 

 

 

Action Requested:  Direct staff as appropriate on whether to prepare letters for the Mayor’s signature communicating support or opposition to the legislation.